BETA

1562 Amendments of Rasmus ANDRESEN

Amendment 2 #

2024/0056(BUD)

Motion for a resolution
Paragraph 3
3. Welcomes the proposal to mobilise EUR 4,8 billion from the newly created Ukraine Reserve to enable the payment of grants to Ukraine; recalls that the payment of loans does not require an amending budget and therefore that the Union is already providing support to the Ukrainian government so that it can maintain essential services; stresses that grant- and loan-based financial support through the Ukraine Facility will help Ukraine keep the state functioning and in particular essential services functioning while contributing ton its path to reconstruction, recovery, reform and membership of the Union;
2024/03/25
Committee: BUDG
Amendment 4 #

2024/0056(BUD)

Motion for a resolution
Paragraph 4
4. Underlines that the budget nomenclature for the Ukraine Facility, introduced through Draft amending budget No 1/2024, will help to ensure that the budgetary authority can exercise proper scrutiny over spending; welcomes the inclusion in the Facility of interest rate subsidy payments for Macro-Financial Assistance (MFA) provided to Ukraine in 2022, which will reduce pressure in Heading 6 (Neighbourhood and the World), in particular in the Neighbourhood Development and International Cooperation Instrument - Global Europe cushion; recalls that Humanitarian Aid support for Ukraine is not covered by the Ukraine Facility and expects in this context that the Commission will ensure sufficient support to Ukraine as well as for the rest of the world in need from HUMA also in the 2024 budget;
2024/03/25
Committee: BUDG
Amendment 5 #

2024/0056(BUD)

Motion for a resolution
Paragraph 7
7. Notes that, on 5 March 2024, the Commission put forward a proposal to establish a new defence programme - the European Defence Industry Programme - for the period 2025-2027, with a planned transfer of EUR 1,5 billion from the EDF, precisely the amount of the EDF reinforcement agreed under STEP; insists that the additional resources assigned to the EDF for the remainder of the MFF period be used for STEP objectives; reiterates its long-standing position that new policy priorities require fresh money;
2024/03/25
Committee: BUDG
Amendment 7 #

2024/0056(BUD)

Motion for a resolution
Paragraph 8
8. Welcomes the additional EUR 500 million for the Western Balkans, placed in reserve subject to the adoption of the proposed regulation establishing the Growth and Reform Facility for the Western Balkans; emphasises that the inclusion in Draft amending budget No 1/2024 of the amounts and proposed nomenclature for that Facility does not prejudge the work of the co-legislators; points out, in that regard, that it does not consider the nomenclature as set out in Draft amending budget No 1/2024 to be fit for purpose and intends to ensure greater granularity and therefore better oversight for the budgetary authority; refrains from amending the amending budget in this regard solely due to the urgency of mobilising grants for Ukraine;
2024/03/25
Committee: BUDG
Amendment 10 #

2024/0056(BUD)

Motion for a resolution
Paragraph 10
10. Welcomes the fact that the Union will be better able to respond to crises as a result of the increased financing for natural disasters and other emergencies included in Draft amending budget No 1/2024; notes that Draft amending budget No 1/2024 creates new lines in accordance with the decision to split the Solidarity and Emergency Aid Reserve into two parts - the European Solidarity Reserve for natural disasters and public health emergencies within the Union and in accession countries and the Emergency Aid Reserve for rapid response to emergencies inside and outside the Union; considers that the new architecture will make the funds easier to manage and expects that this will lead to more timely mobilisation of the Reserves if and when needed;
2024/03/25
Committee: BUDG
Amendment 12 #

2024/0056(BUD)

Motion for a resolution
Paragraph 11
11. Expects humanitarian aid needs to remain high in 2024; and underlines the fact that HUMA remains sorely under- budgeted; taking into account the experience of the budget implementation in the previous years, calls on the Commission to monitor thosee humanitarian aid needs closely and to propose any necessary measures to the budgetary authority in good time; recalls, in that regard, that the Flexibility Instrument has been reinforced by around EUR 500 million for 2024 as part of the MFF revision;
2024/03/25
Committee: BUDG
Amendment 16 #

2024/0056(BUD)

Motion for a resolution
Paragraph 13
13. Takes note of the changes to the budgetary remarks to enable the Digital Europe programme to finance the costs of recruiting contractual agents for the Artificial Intelligence Office established under the recently agreed Artificial Intelligence Act; underlines that such a workaround solution is only necessary owing to insufficient resources under Heading 7 (Administration) and to the Commission’s self-imposed stable staffing policy; insists, should be accepted only as an exceptional solution and cannot create any precedents for the future; insists, in that regard, that covering staffing costs for the new Office in this manner is a temporary fix and that a structural solution under Heading 7 must be found beyond the current MFF;
2024/03/25
Committee: BUDG
Amendment 7 #

2024/0049(BUD)

Motion for a resolution
Paragraph 12
12. Reiterates that assistance from the EGF must not replace actions which are the responsibility of companies, by virtue of national law or collective agreements, or any allowances or rights of the displaced workers, to ensure full additionality of the allocation;
2024/03/26
Committee: BUDG
Amendment 3 #

2024/0044(BUD)

Motion for a resolution
Paragraph 6 a (new)
6 a. takes note that a finding of the underlying analysis used to draw up the package of measures to be offered to former Danish Crown workers was a shortage of qualified labour in the technical field (the green transition) and in care, health and pedagogy (social welfare) in North Jutland; reiterates the important role the Union should play in providing the necessary qualifications for the just transition in line with the European Green Deal and the importance of preparing workers for a green, social and digital European economy;
2024/03/26
Committee: BUDG
Amendment 4 #

2024/0044(BUD)

Motion for a resolution
Paragraph 10
10. Reiterates that assistance from the EGF must not replace actions which are the responsibility of companies, by virtue of national law or collective agreements, or any allowances or rights of the displaced workers, to ensure full additionality of the allocation;
2024/03/26
Committee: BUDG
Amendment 1 #

2023/0264(BUD)

Motion for a resolution
Citation 14
– having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, including the climate, biodiversity and gender-related provisions, as well as on new own resources, including a roadmap towards the introduction of new own resources10 , _________________ 10 OJ L 433I, 22.12.2020, p. 28.
2023/09/29
Committee: BUDG
Amendment 2 #

2023/0264(BUD)

Draft opinion
Paragraph 1
1. Calls for the 2024 EU budget to ensure that all Member States put in place structural reforms to unleash the full potentialwell designed and future-oriented investment and structural reforms, in particular for climate mitigation and adaptation, in order to meet EU climate neutrality and biodiversity targets, enhance the resilience and sustainability of the EU economy and, achieve long-term gprowthsperity and well-being for all European citizens;
2023/07/24
Committee: ECON
Amendment 2 #

2023/0264(BUD)

Motion for a resolution
Citation 15 a (new)
– having regard to Regulation (EU) 2021/1119 establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law),
2023/09/29
Committee: BUDG
Amendment 9 #

2023/0264(BUD)

Draft opinion
Paragraph 1 a (new)
1a. Highlights that according to the Commission Strategic Foresight Report of July 2023 additional investments of over EUR 620 billion annually will be needed in the EU to meet the objectives of the Green Deal and RepowerEU, with an additional EUR 92 billion needed to address the objectives of the Net-Zero Industry Act over the 2023-2030 period; stresses therefore that larger funding and public investments are directed to finance a just green transition;
2023/07/24
Committee: ECON
Amendment 10 #

2023/0264(BUD)

Draft opinion
Paragraph 1 b (new)
1b. Stresses that the 2024 Union budget should be aligned with the Union’s ambitions of making the Union climate neutral by 2050 at the latest, as well as the Union’s international commitments in particular the Paris Agreement and the Kunming-Montreal Agreement and significantly contribute to the implementation of the implementation of the European Green Deal, the 2030 Biodiversity Strategy, of the Farm to Fork Strategy, of the Circular Economy Action Plan, of the Chemical Strategy for Sustainability and of a Zero-pollution Action Plan;
2023/07/24
Committee: ECON
Amendment 11 #

2023/0264(BUD)

Motion for a resolution
Citation 21 a (new)
– - having regard to the Agreement adopted at the 21st Conference of the Parties to the UNFCCC (COP21) in Paris on 12 December 2015 (the Paris Agreement),
2023/09/29
Committee: BUDG
Amendment 12 #

2023/0264(BUD)

Draft opinion
Paragraph 2
2. Considers that simple and enforceableStresses the importance to reform the EU fiscal rules thato promote forward- looking countercyclical policies and, ensure debt sustainability rules and integrate a long-term perspective accounting for the sustainability risks of climate inaction; emphasises that high quality public investments are key for the long-term economic and social sustainability and prosperity of Member States and the Union;
2023/07/24
Committee: ECON
Amendment 12 #

2023/0264(BUD)

Motion for a resolution
Citation 21 b (new)
– - having regard to the Agreement adopted at the 15st Conference of the Parties to the United Nations Biodiversity Conference on global biodiversity framework (the Kumin-Montreal Agreement),
2023/09/29
Committee: BUDG
Amendment 13 #

2023/0264(BUD)

Motion for a resolution
Citation 21 c (new)
– having regard to the Communication from the Commission of 11 December 2019, on “The European Green Deal” (COM(2019)0640),
2023/09/29
Committee: BUDG
Amendment 14 #

2023/0264(BUD)

Motion for a resolution
Citation 21 d (new)
– - having regard to the Intergovernmental Panel on Climate Change’s (IPCC) special report on global warming of 1,5 °C, its special report on climate change and land, and its special report on the ocean and cryosphere in a changing climate
2023/09/29
Committee: BUDG
Amendment 15 #

2023/0264(BUD)

Motion for a resolution
Citation 21 e (new)
– having regard to the Global Assessment Report on Biodiversity and Ecosystem Services by the United Nations' Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services,
2023/09/29
Committee: BUDG
Amendment 16 #

2023/0264(BUD)

Motion for a resolution
Citation 21 f (new)
– having regard to the special report of the European Court of Auditors “Sustainable finance. More consistent EU action needed to redirect finance towards sustainable investment“, 2021,
2023/09/29
Committee: BUDG
Amendment 17 #

2023/0264(BUD)

Motion for a resolution
Citation 21 g (new)
– having regard to the special report of the European Court of Auditors Special Report 09/2022: Climate spending in the 2014-2020 EU budget - Not as high as reported, May 2022,
2023/09/29
Committee: BUDG
Amendment 18 #

2023/0264(BUD)

Motion for a resolution
Citation 21 h (new)
– having regard to the UN Sustainable Development Goals,
2023/09/29
Committee: BUDG
Amendment 20 #

2023/0264(BUD)

Motion for a resolution
Paragraph 1
1. Stresses that Russia’s war of aggression against Ukraine, following on from the COVID-19 pandemic, has brought further substantial economic and social consequences for the people of Europe and worldwide, pushing up inflation, generating energy insecurity, driving up food and energy prices and resulting in a cost of living crisis for millions both in the European Union and in the Global South; underlines that the new geopolitical and economic context, as well as the worsening Climate Change and biodiversity crisis manifested by unprecedented extreme weather events and natural disasters impacting both people and communities both Europe and its neighbourhood, has given rise to new policy needs, notably in climate and energy, social investments, defence and industrial policy;
2023/09/29
Committee: BUDG
Amendment 22 #

2023/0264(BUD)

Draft opinion
Paragraph 3
3. Calls for the 2024 budget to include targeted spending in areas that are key for the Union’s strategic autonomy such as climate, biodiversity, energy, defence, education and the labour market;
2023/07/24
Committee: ECON
Amendment 25 #

2023/0264(BUD)

Motion for a resolution
Paragraph 4
4. Notes that, despite the Commission’s proposal to revise the MFF, the Council chose to formulate its position on the 2024 budget assuming no change to the framework; deeply regrets that, despite the drastic constraints, the Council elected to cut commitment appropriations in the DB by EUR 772 million and payment appropriations by EUR 515 million across the MFF headings; considers that thedeplores that the Council’s reading in time of unprecedented crisis sticks to ‘business- as-usual’ approach which presents a budget reading that is not fit for purpose; considers that the mostly unjustified cuts proposed by the Council are not driven by an objective assessment of needs or absorption capacity and run counter, in many instances, to shared policy ambitions and political agreements and risk undermining Union’s ability to act; decides, therefore, to restore appropriations on all lines cut by the Council to the level of the DB;
2023/09/29
Committee: BUDG
Amendment 33 #

2023/0264(BUD)

Motion for a resolution
Subheading 1 a (new)
Horizontal Budgetary Aspects
2023/09/29
Committee: BUDG
Amendment 35 #

2023/0264(BUD)

Motion for a resolution
Paragraph 5 a (new)
5a. Stresses that the 2024 Union budget should be aligned with the Union’s ambitions of making the Union climate neutral by 2050 at the latest, as well as the Union’s international commitments in particular the Paris Agreement and the Kunmin-Montreal Agreement and significantly contribute to the implementation of the implementation of the European Green Deal, the 2030 Biodiversity Strategy, of the Farm to Fork Strategy, of the Circular Economy Action Plan, of the Chemical Strategy for Sustainability and of a Zero-pollution Action Plan;
2023/09/29
Committee: BUDG
Amendment 38 #

2023/0264(BUD)

Motion for a resolution
Paragraph 5 b (new)
5b. Reiterates its call for the phase-out of harmful subsidies and for coherence between all EU funds and programmes; insists that projects and programmes which are inconsistent with the objective of limiting global warming to under 1.5°C, or with the objective of halting and reversing biodiversity loss, should not be eligible for support under the EU budget in line with the do no significant harm; recalls that the 8th Environment Action Programme lays down the enabling condition of phasing out of environmentally harmful subsidies, including through setting a deadline for the phasing out of fossil fuel subsidies consistent with the ambition of limiting global warming to 1,5°C as well as a binding Union framework to monitor and report on Member States’ progress towards phasing out fossil fuel subsidies, based on an agreed methodology;
2023/09/29
Committee: BUDG
Amendment 41 #

2023/0264(BUD)

Motion for a resolution
Paragraph 5 c (new)
5c. Stresses the need for continuous efforts towards the achievement of climate and biodiversity mainstreaming targets laid down in the Interinstitutional Agreement of 16 December 2020 in the Union budget and the European Union Recovery Instrument expenditures (IIA); Welcomes the efforts for a more transparent and comprehensive reporting in the budgetary documents as well as the performance website, and emphasises the need to carry out sufficient ex-post evaluations with a particular focus on impact; Calls on the Commission to carefully take into account the conclusions of the special report of the European Court of Auditors on climate spending in the 2014-2020 EU budget as well as the performance audit from November 2022;
2023/09/29
Committee: BUDG
Amendment 42 #

2023/0264(BUD)

Motion for a resolution
Paragraph 5 d (new)
5d. Takes note of the Commission estimates based on the ex-ante methodology that the total climate financing in the EU budget will reach EUR 58 134 million, representing a share of 31.9% ; looks forward to the Commission presenting in 2023 a methodology for tracking climate related expenditure which are effect-based (looking at CO2 impact) to complement the intention-based on based on EU climate coefficients; Calls for further work to differentiate between differentiating between climate mitigation and adaptation, as set out in the IIA;
2023/09/29
Committee: BUDG
Amendment 43 #

2023/0264(BUD)

Motion for a resolution
Paragraph 5 e (new)
5e. Regrets that the Commission has not published the methodology for ex-ante tagging expenditure contributing to halting and reversing biodiversity loss, despite the fact that the IIA states this needs to be done " on the basis of an effective, transparent and comprehensive methodology"; Takes note of the Commission estimating that biodiversity spending is to reach EUR 14 376 million in 2024, representing a share of 7.9% in the EU budget - which is also higher than the target of 7.5% for expenditure contributing to halting and reversing the decline of biodiversity as set out in the IIA; is furthermore concerned the Commission underlines that the 10% target in 2026 and 2027 will most likely not be reached and proposes no avenue towards reaching the agreed targets; therefore underlines that further efforts must be made especially in the mid-term review of programs and in the relevant annual work plans to ensure that biodiversity spending target set for the years 2026 and 2027 are met; highlights that the biodiversity financing gap over the period from 2021 to 2030 is around EUR 18,69 billion per year1a and should be remedied as soon as possible; _________________ 1a https://op.europa.eu/en/publication- detail/-/publication/793eb6ec-dbd6-11ec- a534-01aa75ed71a1/language-en/format- PDF/source-258471562
2023/09/29
Committee: BUDG
Amendment 44 #

2023/0264(BUD)

Motion for a resolution
Paragraph 5 f (new)
5f. Stresses the need to ensure consistency between climate and biodiversity funding and calls on the Commission to publish the amounts and shares of expenditure that will contribute to both targets per programme when presenting the draft budget; recalls that the do-no-significant-harm principle is mainstreamed in all Union activities through the budgetary implementation as agreed in the IIA and stresses therefore the urgent need to ensure the respect of the ‘Do No Significant Harm’ principle through the entire budget in all the 6 dimensions and to take necessary corrective measures if and when needed without undue delay;
2023/09/29
Committee: BUDG
Amendment 45 #

2023/0264(BUD)

Motion for a resolution
Paragraph 5 g (new)
5g. Highlights the need to ensure that the do-no-significant-harm principle is mainstreamed in all Union activities through the budgetary implementation as agreed in the IIA and welcomes the Commission proposal for amending the Financial Regulation to include DNSH in the regulation in line with the Union’s commitment to sustainable financing and the green transition; calls on the Commission to monitor the proper implementation of the DNSH and to take immediate corrective measures if and when needed;
2023/09/29
Committee: BUDG
Amendment 46 #

2023/0264(BUD)

Motion for a resolution
Paragraph 5 h (new)
5h. Welcomes that the Commission has further developed a methodology to track gender equality-related spending in the 2021-2027 MFF, which looks at policy design and resource allocation and in particular the presentation of an ex-post gender impact assessment on a more granular level and reporting on volumes; calls on the Commission to assess holistically gender impact and facilitate that all the relevant data is available for the tracking;
2023/09/29
Committee: BUDG
Amendment 47 #

2023/0264(BUD)

Draft opinion
Paragraph 8 a (new)
8a. Welcomes that the Commission has further developed a methodology to track gender equality-related spending in the 2021-2027 MFF, which looks at policy design and resource allocation and in particular the presentation of an ex-post gender impact assessment on a more granular level and reporting on volumes; calls on the Commission to assess holistically gender impact and facilitate that all the relevant data is available for the tracking;
2023/07/24
Committee: ECON
Amendment 47 #

2023/0264(BUD)

Motion for a resolution
Paragraph 5 i (new)
5i. Welcomes the first baskets of new own resources presented by the European Commission on 22 December 2021 and the adjusted second basket published on 20 June 2023; reiterates its position that the real progress on new own resources is crucial both for EURI repayments for NGEU implementation but also for the future multiannual financial frameworks and the ability of the Union to deliver on its objectives; calls again on the Commission to ensure timely introduction of new own resources, in line with the roadmap set out in the Interinstitutional agreement of 16 December 2020; underlines that more robust and new types of the own resources will need to be designed to make sure EU budget fit for purpose in future years and with the view of multiple challenges the EU will face; calls the Council to agree on the new own resource’s without further delay;
2023/09/29
Committee: BUDG
Amendment 50 #

2023/0264(BUD)

Motion for a resolution
Paragraph 7
7. Reiterates its assessment, now shared by the Commission, that a structural solution must be found for the repayment of EURI borrowing costs, which are; reaffirms its position, as defended in the 2021-2027 MFF negotiations, that the NGEU interest costs and repayments should be counted over and above the MFF ceilings; underlines that the EURI borrowing costs are currently estimated at EUR 4 billion in the DB as against the initially programmed EUR 2,1 billion and would therefore exhaust the Flexibility Instrument and use part of the Single Margin Instrument in 2024 without the MFF revision;
2023/09/29
Committee: BUDG
Amendment 53 #

2023/0264(BUD)

Draft opinion
Paragraph 8 b (new)
8b. Recalls that the do-no-significant- harm principle is mainstreamed in all Union activities through the budgetary implementation as agreed in the IIA and stresses therefore the urgent need to ensure the respect of the ‘Do No Significant Harm’ principle through the entire budget in all the six dimensions and to take necessary corrective measures if and when needed without undue delay;
2023/07/24
Committee: ECON
Amendment 53 #

2023/0264(BUD)

Motion for a resolution
Paragraph 8
8. Notes that the Council, in its position on the 2024 budget, reduces appropriations set aside for EURI borrowing costs; shares the Council’s hope that borrowing costs are ultimately lower than forecast in the DB, but insists that, in accordance with the principle of budgetary prudence, the budgetary authority should rely on the Commission’s objective forecasting and the updates in the Amending Letter; proposes, therefore, to restore the DB amount and, in line with its MFF interim report, to delete the line from Heading 2b and place the full amount in the EURI special instrument over and above the MFF ceilings, in line with Parliament’s longstanding approach;
2023/09/29
Committee: BUDG
Amendment 56 #

2023/0264(BUD)

Motion for a resolution
Paragraph 10
10. Underlines that budgetary flexibility has been key for the Union to respond to unforeseen events, in particular in the context of the war in Ukraine as well as of the worsening climate and biodiversity crisis and deteriorating humanitarian situation across the globe, and to adjust its spending priorities in light of evolving political and economic needs; highlights, however, that the Union budget is not equipped with the flexibility it requires; reiterates, therefore, its view that the Flexibility Instrument should be increased by EUR 1,457 billion in 2024 in line with its MFF interim report;
2023/09/29
Committee: BUDG
Amendment 58 #

2023/0264(BUD)

Motion for a resolution
Paragraph 11
11. Considers that demands on the SEAR are unlikely to lessen and, therefore, that reinforcing the SEAR is crucial to enable the Union to act in emergency situations caused by major natural disasters or, public health crises in Member States and accession countries and also to support non-EU countries suffering from conflicts, refugee crises or, natural disasters, impact of Climate Change and biodiversity loss as well as of other global challenges in particular of extreme poverty and hunger ; increases, therefore, allocations for the SEAR in 2024 by EUR 1,092 million in 2024 in line with its MFF interim report; maintains appropriations for the European Global Adjustment Fund and the Brexit Adjustment Reserve as proposed in the DB;
2023/09/29
Committee: BUDG
Amendment 59 #

2023/0264(BUD)

Draft opinion
Paragraph 8 c (new)
8c. Takes note of the Commission estimates based on the ex-ante methodology that the total climate financing in the EU budget will reach EUR 58 134 million, representing a share of 31.9%; looks forward to the Commission presenting in 2023 a methodology for tracking climate related expenditure which are effect-based (looking at CO2 impact) to complement the intention-based on EU climate coefficients; calls for further work to differentiate between differentiating between climate mitigation and adaptation, as set out in the IIA;
2023/07/24
Committee: ECON
Amendment 60 #

2023/0264(BUD)

Motion for a resolution
Paragraph 12
12. Recalls that programmes under Heading 1 play a key role in supporting research and innovation, in boosting the competitiveness of the EU economy, in supporting SMEs and in investing in cross- border infrastructure, thusas well as in reaching the European Union climate and energy targets and contributing significantly to the green and digital transitions and to driving growth, economic development and job creation;
2023/09/29
Committee: BUDG
Amendment 68 #

2023/0264(BUD)

Motion for a resolution
Paragraph 15
15. Recalls that the Connecting Europe Facility (CEF) is key to boosting investment in high-performance, sustainable trans-European networks, as well as to supporting renewable energy and energy efficiency and to decarbonising the EU economy, thereby accelerating the green transition and promoting interconnectivity; underlines that CEF Transport has been vital in supporting transportdecarbonisation of transport and related infrastructure in and towards Ukraine (“solidarity lanes”) and in enabling the transport of critical goods in both directions and welcomes the decision to associate Ukraine to the programme; proposes, to increase appropriations for CEF Transport by EUR 100 million above the DB in 2024 in order to support these aims;
2023/09/29
Committee: BUDG
Amendment 76 #

2023/0264(BUD)

Motion for a resolution
Paragraph 18
18. Highlights the vital role that Horizon Europe plays in supporting research and innovation and in helping to turn research results and innovative ideas into products and services that boost the global competitiveness of EU business and that will strengthen Union’s efforts to tackle climate change and the biodiversity crisis.; recalls that the programme remains heavily over-subscribed and is therefore unable to support a large number of research projects evaluated as ‘excellent’; proposes, therefore, to increase allocations for the programme by a total of EUR 140 million compared to the DB (excluding the STEP- related increases), with reinforcements for the European Research Council, Marie Skłodowska-Curie Actions and Clusters ‘Health’, ‘Culture’ ‘Climate, Energy and Mobility’ and ‘Food’;
2023/09/29
Committee: BUDG
Amendment 78 #

2023/0264(BUD)

Motion for a resolution
Paragraph 19
19. Underlines the important role played by the decentralised agencies active under this heading in particular in the context of the current geopolitical developments; proposes to increase appropriations and staffing for the European Union Agency for Cybersecurity and the European Union Agency for the Cooperation of Energy Regulators in line with their identified needs and expanding mandates;
2023/09/29
Committee: BUDG
Amendment 82 #

2023/0264(BUD)

Motion for a resolution
Paragraph 21
21. Is highly concerned by the continuously high energy and food prices as well as the long-term high inflation with broad negative economic impacts resulting, in particular, in the cost of living crisis across the Union; Underlines the key role cohesion policy plays in delivering on EU policy priorities and boosting the EU economy by contributing to fair and sustainable growth and development, promoting economic and social convergence and solidarity between countries and regions, supporting the green and digital transitions, and fostering innovation and employment as well as addressing regional and social inequalities; calls on the Commission and the Member States to accelerate implementation of cohesion policy; and to mobilise resources to provide solidarity, help and relief to the people, communities and regions hardest hit by the multiple crisis of recent years;
2023/09/29
Committee: BUDG
Amendment 92 #

2023/0264(BUD)

Motion for a resolution
Paragraph 24
24. Underlines that placing EURI borrowing costs over and above the MFF ceilings would have the effect of restoring some margin within Heading 2b and creating budgetary space in the Flexibility and Single Margin Instruments; underlines that programmes under Heading 2b have been impacted heavily by the EURI line’s presence within the same heading sinceand that the Commission has been de facto prevented from proposing reinforcements to the programmes where they are needed in order to ensure the Union’s ability to deliver on its programmes, priorities and objectives;
2023/09/29
Committee: BUDG
Amendment 96 #

2023/0264(BUD)

Motion for a resolution
Paragraph 25
25. Points, in this regard, to the Erasmus+ and European Solidarity Corps (ESC) programmes, which play a vital role in supporting learning mobility opportunities, improving people’s skills and employability and promoting social inclusion; emphasises that both programmes should aim to boost participation rates among people with fewer opportunities - an objective that is challenged by soaring inflation and the increased cost of living; regrets in this context that students and participants from disadvantaged families are often prevented from participating in the programme because of higher costs of living and insufficient volume of grants; is committed to ensuring that Erasmus+ does not become a de facto selective programme open only to those who can afford to participate and recalls that the Commission is required to put in place financial support measures for people with fewer opportunities; proposes, therefore, an increase of EUR 100 million for Erasmus+ and EUR 2 million for the ESC above DB specifically to ensure the programmes are accessible for all;
2023/09/29
Committee: BUDG
Amendment 98 #

2023/0264(BUD)

Motion for a resolution
Paragraph 26
26. Underlines the importance of a stronger Health Union and enhanced preparedness in post-pandemic Europe, as well as the need to better understand and treat long COVID; reiterates the need to allocate sufficient budgetary resources under the EU4health programme to support actions including the gender aspect of health, including sexual and reproductive health, an integral part of health care that must be placed at the heart of health policy to ensure universal access, as well as quality of services, especially considering the backlash against women’s rights and access to safe and legal abortion in several Member States; highlights the vital role that the EU4Health programme plays in this respect; proposes, therefore, to increase the programme’s appropriations by EUR 20 million above DB, including to help offset redeployments towards the European Health Emergency and Response Authority;
2023/09/29
Committee: BUDG
Amendment 101 #

2023/0264(BUD)

Motion for a resolution
Paragraph 27
27. Is alarmed by the growing impact of extreme weather events and natural disasters in Europe and its neighbourhood and globally and concerned about the EU’s ability to respond effectively; underlines that these extreme weather events and disasters are often linked to climate change and are therefore likely to occur with an even greater frequency and intensity in the future; stresses the importance to increase resources the Union Civil Protection Mechanism to enhance the protection of people and underlines the need to invest in preventive measures and resilience; increases, therefore, appropriations for the Union Civil Protection Mechanism by EUR 20 million above DB in order to ensure an effective response and protect human lives;
2023/09/29
Committee: BUDG
Amendment 109 #

2023/0264(BUD)

Motion for a resolution
Paragraph 29
29. Reiterates the importance of Citizens, Equality, Rights and Values programme in promoting European values and citizens’ rights, in fostering active civic engagement, in building resilient societies, in combatting gender-based violence, in particular with regard to the measurable increase in cases of violence against women and against LGBTQI+ persons, and in supporting the key principles of democracy, the rule of law, solidarity, inclusiveness, justice, non- discrimination and equality; proposes, therefore, to increase appropriations for the programme by EUR 6 million above DB, with reinforcements for the ‘citizens’ engagement and participation’, Daphne and ‘Union values’ strands;
2023/09/29
Committee: BUDG
Amendment 122 #

2023/0264(BUD)

Motion for a resolution
Paragraph 36
36. Underlines the importance of school schemes under the Common Agricultural Policy (CAP) in ensuring broad access to healthy and nutritious food for children and points out that the schemes’ reach is impacted by rising food prices; decides, therefore, to increase by EUR 5 million above DB support for the schemes;
2023/09/29
Committee: BUDG
Amendment 123 #

2023/0264(BUD)

Motion for a resolution
Paragraph 36 a (new)
36a. Calls on the Commission to address the conclusions of the European Court of Auditors regarding overstated climate spending in particular as regards the mainstreaming targets in the CAP, and insist on the importance of the CAP Strategic Plans; expresses concern about the possibility that the 2026 and 2027 targets might not be reached and calls on the Commission to enhance its efforts to reach the targets; recalls that primary importance of the CAP for biodiversity mainstreaming and calls on the Commission the implement the recommendations of the study in this regard; calls on the Commission to address the concerns raised by the Court of Auditors as regards the ineffectiveness of biodiversity spending in the CAP and calls on the Commission to publish the amounts and shares of expenditures that will contribute to both targets per program when presenting annual budgets; calls on Member States to ensure the integration of biodiversity in partnership agreements and operational programmes as well as in their CAP strategic plans;
2023/09/29
Committee: BUDG
Amendment 125 #

2023/0264(BUD)

Motion for a resolution
Paragraph 37
37. Underlines the central role that the LIFE programme plays inas EUs flagship programme plays in catalysing measures towards climate mitigation and climate adaptation, delivering on the European Green Deal and achieving the Union’s climate neutrality goal, in line with the Paris Agreement, by reducing emissions and increasing the use of renewable energy, creating a circular economy and reversing the alarming trend of biodiversity loss; is extremely concerned by the growing urgency to tackle climate change and the biodiversity crisis in the view of the latest IPCC reports as well as mounting extreme weather events and natural disasters such as heat waves, droughts and floods; further stresses the need to accelerate the just transition in line with the political commitments taken in the context of the Green Deal and ; proposes, therefore, to increase appropriations for the programme by EUR 30 million above DB;
2023/09/29
Committee: BUDG
Amendment 130 #

2023/0264(BUD)

Motion for a resolution
Paragraph 40
40. Underlines that Russia’s war of aggression against Ukraine, armed conflicts and instability in neighbouring regions, impacts of climate change as well as extreme poverty and hunger, underlying trends in economic development as well in access to democratic rights and freedoms, demographic changes, as well as globalisation in transport and communications continue to push people to come to the Union for refuge, in search of safety and freedoms, a better life or to reunite with close family members, placing significant pressure on programmes and agencies under Heading 4; recalls, in that regard, its view that financing under the Heading should be increased by EUR 250 million in 2024, in line with its MFF interim report;
2023/09/29
Committee: BUDG
Amendment 133 #

2023/0264(BUD)

Motion for a resolution
Paragraph 41
41. Stresses that the war has vastly increased pressure on asylum systems in the Member States and that the Union must provide longer-term support to the host Member States to facilitate the reception and integration of refugees from Ukraine, face the recent migration trends via the Mediterranean route and anticipate the financial implications of a timely agreement on the Pact on Asylum and Migration (AMIF); highlights the importance of the European regions in the implementation of migration and asylum policies and calls on the European Commission to ensure sufficient resources and adequate support for subnational entities implementing AMIF; decides, therefore, to reinforce the Asylum, Migration and Integration Fund by EUR 110 million above DB in 2024 given AMIF’s positive contribution in providing immediate support to refugees;
2023/09/29
Committee: BUDG
Amendment 141 #

2023/0264(BUD)

Motion for a resolution
Paragraph 43
43. Stresses that effective and fair management and protection of the Union’s external borders are key to ensuring the security of the Union, as well as ensuring free movement of people and guaranteeing the smooth and efficient implementation of the Union’s migration and asylum policy and preserving the free movement of people within the Union and the proper functioning of the Schengen area; stresses, moreover, the need to better prevent irregular migration to protect vulnerable people from smuggling and trafficking networks and address the instrumentalisation of migrants as part of hybrid attacks; underlines the vital role thatof the Border Management and Visa Instrument (BMVI) plays in that regard; notes that the Commission proposes to reinforce the BMVI above financial programming levels in the DB, though points out that this ‘reinforcement’ only partially offsets repeated redeployments from the BMVI to finance revised agency mandates; proposes to increase appropriations for the BMVI by EUR 60 million above DB, including to support Romania and Bulgaria in their preparations for accession to the Schengen area;
2023/09/29
Committee: BUDG
Amendment 145 #

2023/0264(BUD)

Motion for a resolution
Paragraph 44
44. Highlights the need for a further increase in appropriations and staff for eu- LISA to ensure that the agency can implement critical internal security and border management projectstasks in accordance with its mandate; underlines the need for the European Border and Coast Guard Agency (Frontex) to have the requisite resources to carry out its operational activities effectively and decides, therefore, to restore the DB for the agency;
2023/09/29
Committee: BUDG
Amendment 159 #

2023/0264(BUD)

Motion for a resolution
Paragraph 54
54. Underlines that the war has had a particularly significant effect on countries in the Eastern Neighbourhood, such as Moldova, that have provided shelter and assistance to refugees fleeing the war and faced the knock-on effects of sky-high inflation and energy and food prices; underlines the importance of sustained support for candidate countries in implementing the necessary accession- related reforms and in enhancing their resilience and preventing and countering hybrid threats; decides, therefore, to increase appropriations by EUR 450 million above DB for the Eastern Neighbourhood; proposes, furthermore, to increase accession-related support under the Instrument for Pre-Accession (IPA III) by EUR 50 million in 2024 for the Western Balkans;
2023/09/29
Committee: BUDG
Amendment 161 #

2023/0264(BUD)

Motion for a resolution
Paragraph 55
55. Shares the Council’s assessment that the Commission should have factored humanitarian aid needs resulting from the war into the DB; considers that, given the highly challenging international context, increasing geopolitical instability, crises and natural disasters, humanitarian aid needs in 2024 are likelyexpected to be more substantial than estimated by the Council, in particular since humanitarian aid to Ukraine will continue to be covered under Heading 6 rather than the Ukraine Facilityalso as according to the United Nations Office for Coordination of Humanitarian Affairs OCHA 3632a million people are projected to need humanitarian assistance by the end of 2023 and furthermore recalls that humanitarian aid to Ukraine will continue to be covered under Heading 6; is highly worried by the increasing humanitarian aid needs also linked to devastating impacts of climate change on regions and communities across the world, further amplified by the effect of the El- Niño phenomenon, as well as by the deepening food insecurity in developing countries, exacerbated by Russia’s war of aggression against Ukraine; reminds that women and children bear the greatest consequences of limited access to humanitarian aid, and in particular food, are the most vulnerable to violence and abuses; recalls that the EU’s humanitarian aid budget, since the beginning of the MFF, has heavily relied on ad-hoc financing and that this is putting a high level of stress on the Solidarity and Emergency Aid Reserve (SEAR), which is increasingly being mobilised for foreseeable needs which should have been covered by HUMA, driving the SEAR away from its objectives and reduces EUs ability to react on new emergencies; proposes, therefore, to increase appropriations for humanitarian aid by EUR 550 million compared to the DB; furthermore, calls in this context on the EU Member States live up to the commitment to dedicate 0,7 % of their gross national income to Official Development Assistance; _________________ 2a https://www.unocha.org/publications/repo rt/world/global-humanitarian-overview- 2023-august-update-snapshot-31-august- 2023
2023/09/29
Committee: BUDG
Amendment 165 #

2023/0264(BUD)

Motion for a resolution
Paragraph 57
57. Underlines its support for the implementation of the peace agreement in Colombia and the need to continue relevant actions financed under the EU Trust Fund for Colombia; proposes, therefore, to reinforce appropriations by EUR 10 million above DB for 'The Americas' geographic programme under the NDICI; reiterates, furthermore, its unwavering commitment to protecting and promoting human rights and fundamental freedoms globally, including in particular defending women’s and girls' rights and the rights of the LGBTIQ+ community, and increases by EUR 10 million above DB the allocation for the 'fundamental rights and freedoms' thematic programme;
2023/09/29
Committee: BUDG
Amendment 545 #

2023/0210(COD)

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

2023/0210(COD)

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

2023/0201R(APP)

Motion for a resolution
Paragraph 1
1. Welcomes the fact that, following its review of the 2021-2027 multiannual financial framework (MFF), the Commission has drawn the same conclusion as Parliament did in December 2022, namely that the MFF has been overtaken by events in a world that has changed beyond recognition since it was agreed in 2020, that budgetary flexibility has been depleted and more is necessary in order to respond to unforeseen circumstances, that the MFF contains structural problems laid bare by economic developmentthe multiple crisis and their social and economic consequences and that, as a result, an urgent revision of the MFF regulation and its annex is essential;
2023/09/01
Committee: BUDG
Amendment 5 #

2023/0201R(APP)

Motion for a resolution
Paragraph 2
2. Underlines the fact that the revision must focus on addressing the manifold consequences of Russia’s war of aggression against Ukraine, on safeguarding the Union’s strategic autonomy and sovereignty and on endowing the Union with adequate flexibility to respond to crises; welcomes, therefore, the Commission’s proposal for a targeted revision as a first step in the right direction to ensure that the MFF can better address those challenges as well as any possible future challenges;
2023/09/01
Committee: BUDG
Amendment 11 #

2023/0201R(APP)

Motion for a resolution
Paragraph 3
3. Considers that the proposed revision targets only the most pressing areas of concern in the existing framework; welcomes the fact that, in line with Parliament’s position, the proposal for revision does not lead to any downward revision of the pre-allocated national envelopes or programmes;
2023/09/01
Committee: BUDG
Amendment 15 #

2023/0201R(APP)

Motion for a resolution
Paragraph 4
4. Recalls that, unlike in national budgets, where inflation affects the nominal value of both revenue and expenditure, the MFF spending ceilings are adjusted on the basis of a 2 % deflator applied to 2018 prices, whereas the own resources ceiling adjusts to inflation; underlines, therefore, that, as a result of unexpectedly high inflation, revenue called from Member States for MFF spending has decreased as a percentage of gross national income (GNI); notes, furthermore, that rebates for the five beneficiary Member States are inflation-linked; regrets that, according to the Commission and have also therefore increased at a higher rate than the MFF ceilings; calls for the rebates to use the 2% deflator also on the basies of the 2023 amount; regrets that, inflation maywill reduce the real-terms value of the MFF by at least EUR 74 billion over the seven- year period and will have a particularly detrimental effect on programmes directly addressing people, like Erasmus or ESF+ in a context of growing poverty across the Union;
2023/09/01
Committee: BUDG
Amendment 19 #

2023/0201R(APP)

Motion for a resolution
Paragraph 5
5. Stresses that, in addition to reducing the real-terms value of the MFF, inflation has also triggered a substantial increase in interest rates, driving up EU borrowing costs, in particular in relation to the repayment ofcluding also the European Union Recovery Instrument (EURI) debt, and therefore further squeezing the budget;
2023/09/01
Committee: BUDG
Amendment 20 #

2023/0201R(APP)

Motion for a resolution
Paragraph 6
6. Highlights that, even taking account of the Commission’s proposal to revise the MFF, total commitment appropriations would amount to only 1.03 % of GNI and total payment appropriations would amount to only 1.02 % of GNI; recalls that, originally, payment appropriations in the current MFF were planned to amount to 1.10 % of GNI; stresses that despite the reinforcements proposed by the Commission are not projected to cover the impact of inflationthe GNI share of the revised MFF will be 0.7 percentage point lower including two new programmes and without mitigating the impact of inflation and the cost of living crisis even in the most affected programmes;
2023/09/01
Committee: BUDG
Amendment 27 #

2023/0201R(APP)

Motion for a resolution
Paragraph 8
8. Reaffirms the importance of the horizontal principles concerningcalls that the targets related to climate, and biodiversity and gender equality thats well as the obligation to respect do no significant harm and the promotion of gender equality are laid down in the IIA; reminds the Commission of its obligation underpin the MFFIIA and all related EU policiesinsists that these provisions must also underpin the updated MFF; calls on the Commission to take concrete action to ensure that the agreed targets and policy objectives are met;
2023/09/01
Committee: BUDG
Amendment 39 #

2023/0201R(APP)

Motion for a resolution
Paragraph 13
13. Recalls that the Union and its people have been at the forefront in supporting Ukraine from the very beginning of the warRussia’s full scale invasion in 2022, showing solidarity with Ukrainians in their fight to defend democracy against authoritarianism; stresses that the EU budget has provided financial assistance in excess of EUR 30 billion to date; reiterates its view that the Union must be at the heart of continued efforts to support Ukraine financially and help it on its path to EU membership;
2023/09/01
Committee: BUDG
Amendment 43 #

2023/0201R(APP)

Motion for a resolution
Paragraph 14
14. Welcomes, therefore, the 14. Welcomes, therefore, the Commission’s proposal for a longer-term Commission’s proposal for a longer-term structural solution to Ukraine’s funding structural solution to Ukraine’s funding needs anchored in the EU budget, which needs anchored in the EU budget, which covers support for macro-financial stability covers support for macro-financial an investment framework and funds for stability, for immediate reconstruction accession-related reforms and for building needs, as well as an investment framework administrative capacity; considers that such and funds for accession-related reforms a longer-term instrument is the only viable and for building administrative capacity; way to engage other donors and to ensure considers that such a longer-term effective and targeted spending that meets instrument is the only viable way to engage the needs of Ukraine and its people; insists other donors and to ensure effective and that the Ukraine Facility should be agreed targeted spending that meets the needs of as soon as possible, following adoption of Ukraine and its people; insists that the the revised MFF Regulation, given that Ukraine Facility should be agreed as soon financing under the MFA+ Regulation1a is as possible, following adoption of the provided for 2023 only; revised MFF Regulation, given that financing under the MFA+ Regulation1a is provided for 2023 only; _________________ 1a Regulation (EU) 2022/2463 of the European Parliament and of the Council of 14 December 2022 establishing an instrument for providing support to Ukraine for 2023 (macro-financial assistance +), OJ L 322, 16.12.2022, p. 1.
2023/09/01
Committee: BUDG
Amendment 46 #

2023/0201R(APP)

Motion for a resolution
Paragraph 16
16. Stresses the need to protect the rule of law and the financial interests of the Union and to prevent, detect and correct fraud, corruption, conflicts of interest and irregularities in the use of Union funds in Ukraine; coinsidersts that the Facility should contain stringent provisions to attain those objectives with both strong ex-ante and ex-post oversight; highlights the need for the Facility to be based on appropriate conditionality, effective transparency and accountability, and alignment with Union policies and in particular the European Green Deal and the pathway to a climate neutral economy by 2050; furthermore, insist on the involvement of local and regional authorities as well as civil society organisations throughout the entire life- cycle of the facility;
2023/09/01
Committee: BUDG
Amendment 49 #

2023/0201R(APP)

Motion for a resolution
Paragraph 16a (new)
16a. Insists that humanitarian aid and support to Member States providing protection for Ukrainian refugees fleeing should be continued to be provided outside the Facility with appropriate financial resources and targeted at the main actors on the ground which are often local authorities and civil society organisations; reminds that both in Ukraine and in the EU, civil society organisations have proven to be instrumental in the ongoing provision of rapid and flexible support to, respectively, internally displaced persons and refugees fleeing Russia’s aggression and their role should be maintained and adequately financed; stresses that while many were welcomed in ad hoc settings, they are now facing longer term displacement requiring further support from actors on the ground;
2023/09/01
Committee: BUDG
Amendment 50 #

2023/0201R(APP)

Motion for a resolution
Paragraph 16a (new)
16a. Requests that appropriations currently set aside for Ukraine in the NDICI’s Emerging Challenges Cushion, namely the interest rate subsidy for MFA loans and the provisioning of the EIB repurposed loans, to be covered from the Ukraine Facility from 2024 onwards;
2023/09/01
Committee: BUDG
Amendment 51 #

2023/0201R(APP)

Motion for a resolution
Paragraph 17
17. Deplores the fact that, even prior to the war againstRussia’s full scale invasion of Ukraine, funds available under Heading 6 (neighbourhood and the world) were woefully inadequate and that the MFF did not factor in continued funding for the needs of refugees from Syria, Iraq and other countries which were known in 2020 already, leaving almost no scope to cope with additional challenges;
2023/09/01
Committee: BUDG
Amendment 55 #

2023/0201R(APP)

Motion for a resolution
Paragraph 19
19. Welcomes, therefore, the Commission’s proposal to increase the ceiling for Heading 6 in line with Parliament’s call, though regrets the fact that the extra resources do not fully cover real needs already visible (let alone any future unforeseen development); underlines that a further reinforcement of EUR 1 billion in current prices over and above the Commission proposal is vital to replenish the NDICI- Global Europe cushion and thereby create capacity to respond to crises and emerging needs and to manage increased humanitarian aid needs in Ukraine and neighbouring countries, such as Moldova, and worldwide; is concerned about any potential misuse of funds by third countries beneficiary authorities; calls on the Commission to conclude ex-ante human right impact assessments and calls on the Commission to ensure proper implementation of those funds including respect for human rights; stresses that the internal balance and distribution between the budget lines as provided for in the NDICI Regulation must be respected;
2023/09/01
Committee: BUDG
Amendment 59 #

2023/0201R(APP)

Motion for a resolution
Paragraph 20
20. Underlines that the war against Ukraine, together with increased global hunger and poverty and more intense and frequent natural disasters, are forcing millions of people to flee their homes and seek protection in the EU; stresses the need for the Union to continue to provide support to the host Member States for the reception, settlement and integration of refugees , for the resettlement of refugees from third countries to the EU and, where appropriate and necessary, the relocation of asylum-seekers within the EU;
2023/09/01
Committee: BUDG
Amendment 60 #

2023/0201R(APP)

Motion for a resolution
Paragraph 21
21. Stresses that effective andthe preservation of free movement within the Union, the fair management and protection of the EU’s external borders, ensuring the security of the Union, together with the smooth and efficient implementation of the Union’s migration and asylum policy, are key priorities and essential to preserve the free movement of people within the Union andlso to ensure the proper functioning of the Schengen area; stresses the need to implement a migration and asylum policy that is based on solidarity, responsibility and respect for human rights, providing certainty, clarity and decent and dignified conditions for people arriving in the EU;
2023/09/01
Committee: BUDG
Amendment 66 #

2023/0201R(APP)

Motion for a resolution
Paragraph 22
22. Notes the Commission’s assessment that implementation of the New Pact on Migration and Asylum will require an additional EUR 1 billion between 2025 and 2027 under Heading 4 (migration and border management); considers that the additional demands on the Asylum, Migration and Integration Fund, the Border Management and Visa Instrument and the decentralised agencies in Heading 4 require a further reinforcement over and above the Commission proposal of EUR 1 billion in current prices and that the additional resources should be from 2024available once the relevant legislative proposals enter into force;
2023/09/01
Committee: BUDG
Amendment 94 #

2023/0201R(APP)

Motion for a resolution
Paragraph 38
38. Points, furthermore, to the increased needs since the beginning of the MFF for humanitarian aid and emergency response inside and outside the Union and for support in relation to natural disasters, in particular those driven by climate change, and considers that these needs are likely to grow; stresses are at an all-time high, increasing at an unprecedented speed and likely to grow; regrets that the EC proposal did not include a substantial increase in the humanitarian aid budget line, to match with the new humanitarian landscape; stresses with concern that the annual allocation for the SEAR was exhausted in 2021 and 2022 and is expected to be fully used in 2023; points out that beneficiaries of aid under the EU Solidarity Fund have, in some instances, received less than 50 % of the aid they would ordinarily have received and have had to wait a long time for disbursement owing to the limitations of the SEAR;
2023/09/01
Committee: BUDG
Amendment 102 #

2023/0201R(APP)

Motion for a resolution
Paragraph 42
42. Notes that demands on the SEAR are unlikely to lessen; considers, therefore, that reinforcing the SEAR is crucial to enable the Union to act in emergency situations caused by major natural disasters or public health crises in Member States and accession countries and also to support non-EU countries suffering from conflicts, refugee crises or natural disasters; insists the SEAR remains additional to the humanitarian aid budget line in Heading 6; calls for the SEAR to be mobilised for sudden onset crises outside the EU throughout the whole financial year, in line with its initial purpose and the relevant regulations; insists, therefore, that the SEAR be increased by EUR 2 billion in current prices over and above the Commission proposal for the MFF period;
2023/09/01
Committee: BUDG
Amendment 104 #

2023/0201R(APP)

Motion for a resolution
Paragraph 43 point i
(i) increase the ceiling of (i) increase the ceiling of Heading 1 by EUR 2 billion in Heading 1 by EUR 4.75 billion current prices over and above in current prices over and the Commission proposal; above the Commission proposal;
2023/09/01
Committee: BUDG
Amendment 105 #

2023/0201R(APP)

Motion for a resolution
Paragraph 43 point ii
(ii) increase the ceiling of Heading 4 by EUR 1 billion in Heading 4 by EUR 0.5 billion current prices over and above in current prices over and the Commission proposal and above the Commission apply the increase to the proposal and apply the increase heading from 2024; to the heading from 2024;
2023/09/01
Committee: BUDG
Amendment 106 #

2023/0201R(APP)

Motion for a resolution
Paragraph 43 point iii
(iii) increase the ceiling ofDeleted Heading 5 by EUR 1 billion in current prices over and above the Commission proposal;
2023/09/01
Committee: BUDG
Amendment 109 #

2023/0201R(APP)

Motion for a resolution
Paragraph 43 point v
(v) increase the Flexibility (v) increase the Flexibility Instrument by EUR 3 billion in Instrument by EUR current prices over and above 3.25 billion in current prices the Commission proposal; over and above the Commission proposal;
2023/09/01
Committee: BUDG
Amendment 110 #

2023/0201R(APP)

Motion for a resolution
Paragraph 43 point vi
(vi) increase the Solidarity and Emergency Aid Reserve by Emergency Aid Reserve by EUR 2 billion in current prices EUR 3 billion in current prices over and above the over and above the Commission proposal; Commission proposal;
2023/09/01
Committee: BUDG
Amendment 1 #

2023/0201(APP)

Motion for a resolution
Paragraph 1 a (new)
1 a. Stresses that the draft Council regulation amending the MFF is part of a package of legislation and that its adoption will enable rapid support to be provided to Ukraine and ensure reinforcements can be introduced already into the 2024 budget through an amending budget and for the remaining years of the MFF period; underlines that the MFF revision represents a clear improvement on the status quo, although some aspects contained in the draft Council regulation are not optimal, leaving the EU budget under pressure, with limited margins and flexibility, with cuts to key programmes and with reduced ambition in important future-oriented policy areas, such as sovereignty;
2024/02/15
Committee: BUDG
Amendment 2 #

2023/0201(APP)

Motion for a resolution
Paragraph 3
3. Stresses that the draft Council regulation amending the MFF is part of a package of legislation and that its adoption will enable rapid support to be provided to Ukraine and ensure reinforcements can be introduced already into the 2024 budget through an amending budget and for the remaining years of the MFF period; underlines that the MFF revision represents a clear improvement on the status quo, although some aspects contained in the draft Council regulation are not optimal, leaving the EU budget under pressure, with limited margins and flexibility, with cuts to key programmes and with reduced ambition in important future-oriented policy areas, such as sovereignty;deleted
2024/02/15
Committee: BUDG
Amendment 4 #

2023/0201(APP)

Motion for a resolution
Paragraph 4
4. Recalls that Parliament has worked rapidly and constructively from the outset to enable swift adoption of the MFF package; regrets the fact that the process was beset by political difficulties among Member States, causing unwelcome delays in the Council; is disappointed that the Council and Commission did not apply the provisions of the Treaties and the IIA to enable proper engagement earlier in the process; insists that, in future, cooperation must be put in place at the beginning of any revision procedure, despite delays in the Council caused by Orbán’s blackmail leading to the extremely tight pragmatic deadlines imposed by the late agreement; calls for the changes introduced in this revision to be implemented without further delay, in particular to ensure the timely payment of financial support to Ukraine, given the urgency of the needs;
2024/02/15
Committee: BUDG
Amendment 22 #

2023/0201(APP)

Motion for a resolution
Paragraph 37
37. Deplores the cuts to flagship programmes in the MFF revision, especially to those specifically reinforced as part of the 2020 MFF agreement; is particularly concerned about the political messages such cuts send on our vision for the future of the European Union and calls for this to be rectified as soon as possible;
2024/02/15
Committee: BUDG
Amendment 82 #

2023/0199(COD)

Proposal for a regulation
Recital 2
(2) The EU industry has proven its inbuilt resilience but is being challenged. High inflation, labour shortages, post- COVID supply chains disruptions, rising interest rates, and spikes in energy costs and input prices are weighing on the competitiveness of the EU industry. This is paired with strong, but not always fair, competition on the fragmented global market. The EU has already put forward several initiatives to support its industry, such as the Green Deal Industrial Plan,40 the Critical Raw Materials Act41 , the Net Zero Industry Act42 , the new Temporary Crisis and Transition Framework for State aid,43 and REPowerEU.44 While these solutions provide fast and targeted support, the EU needs a more structural answer to the investment needs of its industries, safeguarding cohesion and the level playing field in the Single Market and to reduce the EU’s strategic dependencies. STEP is a first step towards this structural solutions, however emphasises the need for a full-fledged European Sovereignty Fund with a sizable budget and reminds the crucial role of Own resources in providing the resources needed to build resilience of European industry in a context of intense global competition for critical technologies. _________________ 40 Communication on A Green Deal Industrial Plan for the Net-Zero Age, COM(2023) 62 final. 41 COM(2023) 160 final 42 COM(2023) 161 final 43 Communication on a Temporary Crisis and Transition Framework for State Aid measures (OJ C 101, 17.3.2023, p. 3). 44 Regulation (EU) 2023/435 as regards REPowerEU (OJ L 63, 28.2.2023, p. 1).
2023/09/08
Committee: BUDGITRE
Amendment 94 #

2023/0199(COD)

Proposal for a regulation
Recital 3
(3) The uptake and scaling up in the Union of deep and digital technologies, clean technologies, and bio and clean technologies will be essential to seize the opportunities and meet the objectives of the green and digital transitions, thus promoting the competitiveness of the European industry and its sustainability. Therefore, immediate action is required to support the development or manufacturing in the Union of such technologies, safeguarding and strengthening their value chains thereby reducing the Union’s strategic dependencies, and addressing existing labour and skills shortages in those sectors through trainings and apprenticeships and the creation of attractive, quality jobs accessible to all.
2023/09/08
Committee: BUDGITRE
Amendment 95 #

2023/0199(COD)

Proposal for a regulation
Recital 4
(4) There is a need to support critical technologies in the following fields: deep and digital technologies, clean technologies, and bioields of digital and clean technologies (including the respective critical raw materials value chains), in particular projects, companies and sectors with a critical role for EU’s competitiveness and resilience and its value chains. By way of example, deep technologies and digital technologies should include microelectronics, high-performance computing, quantum technologies (i.e., computing, communication and sensing technologies), cloud computing, edge computing, and artificial intelligence, cybersecurity technologies, robotics, 5G and advanced connectivity and virtual realities, including actions related to deep and digital technologies for the development of defence and aerospace applications. Clean technologies should include, among others, renewable energy; electricity and heat storage;Clean technologies should cover batteries, solar panels, wind turbines, heat -pumps; electricity grid; renewable fuels of non- biological origin; sustainable alternative fuels; electrolysers and fuel cells; carbon capture, utilisation and storage; energy efficiency; hydrogen and its related infratructure; smart energy solutions; technologies vital to sustainability such as water purification and desalination; advanced materials such as nanomaterials, composites and future clean construction materials, and technologies for the sustainable extraction and processing of critical raw materials. Biotechnology should be considered to include technologies such as biomolecules and its applications, pharmaceuticals and medical technologies vital for health security, crop biotechnology, and industrial biotechnology, such as for waste disposal, and biomanufacturing. The Commission may issue guidance to, electrolysers, and equipment for carbon usage and storage. Concerning digital technologies the Commission should further specify the scope of the technologies in these three fieldsto be considered to be critical in accordance with this Regulation, in order to promote a common interpretation of the projects, companies and sectors to be supported under the respective programmes in light of the common strategic objective. Moreover, technologies in any of these threewo fields which are subjects of an Important Project of Common European Interest (IPCEI) approved by the Commission pursuant to Article 107(3), point (b) TFEU should be deemed to be critical, and individual projects within the scope of such an IPCEI should be eligible for funding, in accordance with the respective programme rules, to the extent that the identified funding gap and the eligible costs have not yet been completely covered.
2023/09/08
Committee: BUDGITRE
Amendment 113 #

2023/0199(COD)

Proposal for a regulation
Recital 5
(5) Strengthening the manufacturing capacity of key technologies in the Union will not be possible without a sizeable skilled workforce. However, labour and skills shortages have increased in all sectors including those considered key for the green and digital transition and endanger the rise of key technologies, also in the context of demographic change. Therefore, it is necessary to boost the activation of more people to the labour market relevant forinvest in learning and life-long learning to enhance skills linked to strategic sectors, in particular through the creation of stable quality jobs and paid apprenticeships for young, disadvantaged persons, in particular, young people not in employment, education or training. Such support will complement a number of other actions aimed at meeting the skills needs stemming from the transition, outlined in the EU Skills Agenda.45 _________________ 45 Communication on a European Skills Agenda for sustainable competitiveness, social fairness and resilience, COM(2020) 274 final.
2023/09/08
Committee: BUDGITRE
Amendment 120 #

2023/0199(COD)

Proposal for a regulation
Recital 6 a (new)
(6a) In order to promote the economic, territorial and social cohesion of territories throughout the Union, STEP priorities and projects should be pursued in full compliance with the Partnership principle, ensuring an inclusive consultation process with regional and local authorities, social partners, civil society organisations, youth organisations and other relevant stakeholders. National and regional authorities should ensure that projects financed with Cohesion policy resources under STEP have a lasting positive impact on the creation of quality jobs at local level.
2023/09/08
Committee: BUDGITRE
Amendment 121 #

2023/0199(COD)

Proposal for a regulation
Recital 6 b (new)
(6b) Relevant national and regional authorities should ensure that projects financed under STEP have a lasting positive impact and creation of quality jobs at local level, namely that STEP projects comply not only with Union’s and national labour law, social rights and workers’ rights, as well as applicable collective agreement, but go beyond minimum Union and national legal requirements with fair and adequate wages and well-defined objectives in terms of skilling, reskilling and upskilling, measures to improve gender equality and diversity at work, and quality paid apprenticeships.
2023/09/08
Committee: BUDGITRE
Amendment 130 #

2023/0199(COD)

Proposal for a regulation
Recital 8 a (new)
(8a) In view of the Union de-risking and economic security objectives, the Commission should take into consideration possible risks related to links between the action and third country entities, such as IP theft, technology transfer of critical technologies, and geopolitical interference, when awarding a Sovereignty Seal.
2023/09/08
Committee: BUDGITRE
Amendment 144 #

2023/0199(COD)

Proposal for a regulation
Recital 11
(11) While the STEP relies on the reprogramming and reinforcement of existing programmes for supporting strategic investments, it is also an important element for thesting the feasibility and preparation of new interventions as a step towardsincluding the establishment of a European Sovereignty Fund. The evaluation in 2025 will assess the relevance of the actions undertaken and serve as basis for assessing the need for an upscaling of the support towards strategic sectors and the need for a fully-fledged European Sovereignty Fund and outline the necessary steps towards creating such a fund.
2023/09/08
Committee: BUDGITRE
Amendment 154 #

2023/0199(COD)

Proposal for a regulation
Recital 13
(13) In order to extend support possibilities for investments aimed at strengthening industrial development and reinforcement of value chains in strategic sectors, the scope of support from the ERDF should be extended by providing for new specific objectives under the ERDF, without prejudice to the rules on eligibility of expenditure and climate spending as set out in Regulation (EU) 2021/106055 and Regulation (EU) 2021/105856 . In strategic sectors, it should also be possible to support productive investments in enterprises other than SMEs, which can make a significant contribution to the development of less developed and transition regions, as well as in more developed regions of Member States with a GDP per capita below the EU average. Managing authorities are encouraged to promote the collaboration between large enterprises and local SMEs, supply chains, innovation and technology ecosystems. This would allow reinforcing Europe’s overall capacity to strengThe resources programmed for the new STEP specific objectives should be limited to a maximum of 5% of then its position in those sectors through providing access to all Member States for such investments, thus counteracting the risk of increasing disparitiesnitial national allocation of ERDF. _________________ 55 Regulation (EU) 2021/1060 laying down common provisions (OJ L 231, 30.6.2021, p. 159). 56 Regulation (EU) 2021/1058 on the European Regional Development Fund and on the Cohesion Fund (OJ L 224, 24.6.2021, p. 31).
2023/09/08
Committee: BUDGITRE
Amendment 159 #

2023/0199(COD)

Proposal for a regulation
Recital 14
(14) The scope of support of the JTF, laid down in Regulation (EU) 2021/1056,57 should also be extended to cover investments in clean technologies contributing to the objectives of the STEP by large enterprises, provided that they are compatible with the expected contribution to the transition to climate neutrality as set out in the territorial just transition plans. The support provided for such investments should not require a revision of the terJust Transition Fund (JTF) is aimed at supporting regions and territories most affected by the transition towards a climate-neutral economy and by phasing out of coal and other carbon- intensive industries which is a key component of a resilient and future oriented industry. The JTF promotes a just and social green transition by financing the diversification and modernisation of the local economy and by mitigating the potential negative repercussions on employment which is a key Union pritorial just transition plan where that revision would be exclusively linked to the gap analysis justifying the investment from the perspety. JTF is not endowed with sufficient resources to effectively address regional and local needs, therefore, no further reductiveon of job creation. _________________ 57 Regulation (EU) 2021/1056 establishing the Just Transition Fund (OJ L 231, 30.6.2021, p. 1)its budgetary allocation should occur.
2023/09/08
Committee: BUDGITRE
Amendment 162 #

2023/0199(COD)

Proposal for a regulation
Recital 16
(16) In order to help accelerate investments and provide immediate liquidity for investments supporting the STEP objectives under the ERDF, the ESF+59 and the JTF, an additional amount of exceptional pre-financing should be provided in the form of a one-off payment with respect to the priorities dedicated to investments supporting the STEP objectives. The additional pre-financing should apply to the whole of the JTF allocation given the need to accelerate its implementation and the strong links of the JTF to support Member States towards the STEP objectives. The rules applying for those amounts of exceptional pre- financing should be consistent with the rules applicable to pre-financing set out in Regulation (EU) 2021/1060. Moreover, to further incentivise the uptake of such investments and ensure its faster implementation, the possibility for an increased EU financing rate of 100% for the STEP priorities should be available. When implementing the new STEP objectives, managing authorities are encouraged to apply certainshould apply strict social criteria in order tor promote social positive outcomes, such as creating paid apprenticeships and quality jobs for young persons from a disadvantaged personsbackground, in particular young persons not in employment, education or training, applying the social award criteria in the Directives on public procurement when a project is implemented by a body subject to public procurement, and paying the applicable wages as agreed through collective bargaining. _________________ 59 Regulation (EU) 2021/1057 establishing the European Social Fund Plus (ESF+) (OJ L 231, 30.6.2021, p. 21).
2023/09/08
Committee: BUDGITRE
Amendment 179 #

2023/0199(COD)

Proposal for a regulation
Recital 20
(20) Horizon Europe is the EU’s key funding programme for research and innovation, and its European Innovation Council (EIC) provides for support for innovations with potential breakthrough and disruptive nature with scale-up potential that may be too risky for private investors. Additional flexibility should be provided for under Horizon Europe, so that the EIC Accelerator can provide equity- only support to non-bankable SMEs, including start-ups, and non-bankable SMEs and small mid-caps, carrying out innovation in thecritical technologies supported by the STEP and regardless of whether they previously received other types of support from the EIC Accelerator. The implementation of the EIC Fund is currently limited to a maximum investment amount of EUR 15 million except in exceptional cases and cannot accommodate follow-on financing rounds or larger investment amounts. Allowing for equity- only support for non- bankable SMEs and small mid-caps would address the existingpresumed market gap with investments needs in the range of EUR 15 to 50 million. Moreover, experience has shown that the amounts committed for the EIC Pilot under Horizon2020 are not fully used. These unused funds should be made available for the purposes of the EIC Accelerator under Horizon Europe. The Horizon Europe Regulation should also be amended to reflect the increased envelope for the European Defence Fund.
2023/09/08
Committee: BUDGITRE
Amendment 182 #

2023/0199(COD)

Proposal for a regulation
Recital 21
(21) The European Defence Fund is the leading programme for enhancing the competitiveness, innovation, efficiency and technological autonomy of the Union’s defence industry, thereby contributing to the Union’s open strategic autonomy. The development of defence capabilities is crucial, as it underpins the capacity and the autonomy of the European industry to develop defence products and the independence of Member States as the end- users of such products. The additional envelope should therefore be made available to support actions in the field of deepclean and digital technologies contributing to the development of defence applications.
2023/09/08
Committee: BUDGITRE
Amendment 184 #

2023/0199(COD)

This Regulation establishes a Strategic Technologies for Europe Platform (‘STEP’ or ‘the Platform’) to support critical and emerging strategic technologies ’ industry in the Union.
2023/09/08
Committee: BUDGITRE
Amendment 187 #

2023/0199(COD)

Proposal for a regulation
Article 2 – paragraph 1 – introductory part
1. To strengthen European industrial sovereignty and security, accelerate the Union’s green and digital transitions and enhance its competitiveness, reduce its strategic dependencies, favour a level playing field in the Single Market for investments throughout the Union, and promote inclusive access to attractive, quality jobs, the Platform shall pursue the following objectives:
2023/09/08
Committee: BUDGITRE
Amendment 193 #

2023/0199(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a – introductory part
(a) supporting the development or manufacturing of critical technologies throughout the Union, or safeguarding and strengthening their respective valuesupply chains, of critical technologies in the following fields:
2023/09/08
Committee: BUDGITRE
Amendment 198 #

2023/0199(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a – point i
(i) deep and digital technologies
2023/09/08
Committee: BUDGITRE
Amendment 201 #

2023/0199(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a – point iii
(iii) biotechnologiesdeleted
2023/09/08
Committee: BUDGITRE
Amendment 206 #

2023/0199(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) addressing shortages of labour and skills critical to all kinds of quality jobs in support of the objective under point (a), in particular through lifelong learning and in close cooperation with social partners and education and training initiatives already in place, including the European Net Zero Academies.
2023/09/08
Committee: BUDGITRE
Amendment 211 #

2023/0199(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point a
(a) bring an innovative, cutting-edge element with significant economic potor environmential to the Single Marketprotection potential;
2023/09/08
Committee: BUDGITRE
Amendment 219 #

2023/0199(COD)

Proposal for a regulation
Article 2 – paragraph 4
4. The value chain fFor the 4. manufacturing of critical technologies referred to in the first paragraph relates to, the supply chain covers final products, as well as key components, specific machinery and designed and primarily used as direct input for the production of those products, as well as critical raw materials primarily used for the production of those products.
2023/09/08
Committee: BUDGITRE
Amendment 224 #

2023/0199(COD)

Proposal for a regulation
Article 2 – paragraph 4 a (new)
4a. The field of clean technologies referred to in the first paragraph covers exclusively batteries, solar panels, wind turbines, heat-pumps, electrolysers, and equipment for carbon capture usage and storage. For the field of digital technologies referred to in the first paragraph, the Commission shall, by means of a delegated act adopted by [3 months after the entry into force of this Regulation] and taking utmost account of the precautionary principle, energy efficiency first principle and ethical considerations, further specify the scope of the technologies considered to be critical pursuant to the paragraph 2 of this Article.
2023/09/08
Committee: BUDGITRE
Amendment 226 #

2023/0199(COD)

Proposal for a regulation
Article 3 – paragraph 1 – introductory part
1. Implementation of the Platform shall be supported, in particular, through:
2023/09/08
Committee: BUDGITRE
Amendment 248 #

2023/0199(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. The Commission shall award a Sovereignty Seal to any action contributing to any of the Platform objectives, provided the action has been assessed and complies with the minimum quality requirements, in particular eligibility, exclusion and award criteria, provided by a call for proposals under Regulation (EU) 2021/695, Regulation (EU) 2021/694, Regulation (EU) 2021/697, Regulation (EU) 2021/522, or Commission Delegated Regulation (EU) 2019/856, and complies with the requirements referred to in paragraph 2a.
2023/09/08
Committee: BUDGITRE
Amendment 256 #

2023/0199(COD)

Proposal for a regulation
Article 4 – paragraph 2 – introductory part
2. The Sovereignty Seal may be used as a quality label, in particular for the purposes of:
2023/09/08
Committee: BUDGITRE
Amendment 259 #

2023/0199(COD)

Proposal for a regulation
Article 4 – paragraph 2 a (new)
2a. The award of the Sovereignty Seal shall be conditional to the compliance of the action with Union’s and national labour laws, social rights and workers’ rights, as well as applicable collective agreements. The award of a Sovereignty Seal shall be subject to social sustainability considerations going beyond the minimum Union and national legal requirements in the area of labour law, social rights and workers’ rights, with fair and adequate wages, well- defined plans in terms of skilling, reskilling and upskilling, measures to improve gender equality and diversity at work, and quality and paid apprenticeships, as well as a ban on dividend payments, bonuses and share buy-backs and commitment not to relocate production outside of the Union within the 5 years following the award of the Sovereignty Seal. Furthermore the action should demonstrate the highest ethical standards for the award of the Sovereignty Seal. The Commission shall provide guidance to further specify the modalities of assessment of the compliance referred to in this paragraph.
2023/09/08
Committee: BUDGITRE
Amendment 270 #

2023/0199(COD)

Proposal for a regulation
Article 4 – paragraph 5
5. Under Regulation (EU) 2021/523, the Sovereignty Seal shall be taken into account in the context of the procedure provided for in Article 19 of the European Investment Bank Statute and of the policy check as laid down in Article 23(3) of that Regulation. In addition, the implementing partners shall examine in a timely manner projects having been awarded the Sovereignty Seal in case they fall within their geographic and activity scope as laid down in Article 26(5) of that Regulation.
2023/09/08
Committee: BUDGITRE
Amendment 271 #

2023/0199(COD)

Proposal for a regulation
Article 4 – paragraph 6
6. Strategic projects complying with the requirements referred to in paragraph 2a and identified in accordance with the [Net Zero Industry Act] and the [Critical Raw Materials Act] within the scope of Article 2 that receive a contribution under the Programmes refered to in Article 3 may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs. The rules of the relevant Union programme shall apply to the corresponding contribution to the strategic project. The cumulative funding shall not exceed the total eligible costs of the strategic project. The support from the different Union programmes may be calculated on a pro- rata basis in accordance with the documents setting out the conditions for support.
2023/09/08
Committee: BUDGITRE
Amendment 295 #

2023/0199(COD)

Proposal for a regulation
Article 8 – paragraph 2 a (new)
2a. The evaluation report shall assess whether Union funding programmes have sufficient scale to prevent a fragmentation of the Single Market following the loosening of state aid restrictions. The evaluation shall outline the necessary steps to introduce a European Sovereignty Fund, with a view to preventing the fragmentation of the Single Market and reducing strategic dependencies of the Union.
2023/09/08
Committee: BUDGITRE
Amendment 298 #

2023/0199(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. Where appropriate, the evaluation report shall be accompanied by a proposal for amendments of this Regulation or by a new legislative proposal.
2023/09/08
Committee: BUDGITRE
Amendment 304 #

2023/0199(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point 1
Directive 2003/87/EC
Article 10 – subsection a – point 8 – sixth subparagraph
In addition to the allowances referred to in the first to fifth subparagraphs of this paragraph, the Innovation Fund shall also implement a financial envelope for the period from 1 January 2024 to 31 December 2027 of EUR 5 000 000 000 in current prices for supporting investments contributing to the STEP objective referred to in Article 2, point (a)(ii) of Regulation .../...63 [STEP Regulation]. This financial envelope shall be made available to support investments only in Member States whose average GDP per capita is below the EU average of the EU-27 measured in purchasing power standards (PPS) andshare of industry in GDP is above the EU average and whose proportion of State aids to industry is below the EU average, calculated on the basis of Union figures for the period 201520-201723. _________________ 63 Regulation …/… of the European Parliament and of the Council … [insert full title and OJ reference].
2023/09/08
Committee: BUDGITRE
Amendment 309 #

2023/0199(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 3 Regulation (EU) 2021/1058
The resources under the specific objective referred to in Article 3(1), first subparagraph, points (a)(vi) and (b)(ix) shall be programmed under dedicated priorities corresponding to the respective policy objective and shall be limited to a maximum of 5 % of the initial national allocation of the ERDF.
2023/09/08
Committee: BUDGITRE
Amendment 311 #

2023/0199(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 3
Regulation (EU) 2021/1058
Article 3 – paragraph 1 a
By way of derogation from Article 112 of Regulation (EU) 2021/1060, the maximum co-financing rates for dedicated priorities established to support the STEP objectives shall be increased to 100 %.deleted
2023/09/08
Committee: BUDGITRE
Amendment 312 #

2023/0199(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 4
Regulation (EU) 2021/1058
Article 5 – paragraph 2 – point e
(4) In Article 5(2), the following point (e) is inserted: ‘(e) when they contribute to the specific objective under PO 1 set out in Article 3(1), first subparagraph, point (a)(vi) or to the specific objective under PO 2 set out in point (b)(ix) of that subparagraph, in less developed and transition regions, as well as more developed regions in Member States whose average GDP per capita is below the EU average of the EU- 27 measured in purchasing power standards (PPS) and calculated on the basis of Union figures for the period 2015-2017. Point (e) shall apply to Interreg programmes where the geographical coverage of the programme within the Union consists exclusively of categories of regions set out in that point.’deleted
2023/09/08
Committee: BUDGITRE
Amendment 315 #

2023/0199(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 1
Regulation (EU) 2021/1056
Article 2
In accordance with the second subparagraph of Article 5(1) of Regulation (EU) 2021/1060, the JTF shall contribute to the specific objective of enabling regions and people to address the social, employment, economic and environmental impacts of the transition towards the Union’s 2030 targets for energy and climate and a climate-neutral economy of the Union by 2050, based on the Paris Agreement. The JTF may also support investments contributing to the STEP objective referred to in Article 2(1), point (a)(ii) of Regulation .../... [STEP Regulation].deleted
2023/09/08
Committee: BUDGITRE
Amendment 319 #

2023/0199(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 2
Regulation (EU) 2021/1056
Article 8 – paragraph 2 – new subparagraph
(2) In Article 8(2) the following subparagraph is inserted: ‘‘The JTF may also support productive investments in enterprises other than SMEs contributing to the STEP objectives referred to in Article 2 of Regulation .../...65 [STEPRegulation]. That support may be provided irrespective of whether the gap analysis was carried out in accordance with Article 11(2)(h) and irrespective of its outcome. Such investments shall only be eligible where they do not lead to relocation as defined in point (27) of Article 2 of Regulation (EU) 2021/1060. The provision of such support shall not require a revision of the territorial just transition plan where that revision would be exclusively linked to the gap analysis.’ _________________ 65 Regulation …/… of the European Parliament and of the Council … [insert full title and OJ reference].deleted
2023/09/08
Committee: BUDGITRE
Amendment 324 #

2023/0199(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 3
Regulation (EU) 2021/1056
Article 10 – paragraph 4 – sixth subparagraph
By way of derogation from Article 112 of Regulation (EU) 2021/1060, the maximum co-financing rates for dedicated priorities established to support the STEP objectives shall be increased to 100 %.deleted
2023/09/08
Committee: BUDGITRE
Amendment 346 #

2023/0199(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point 4 – point b
Regulation (EU) 2021/523
Article 8 – paragraph 1 – point e
(e) a STEP policy window, which comprises investments contributing to the STEP objectives referred to in Article 2 of Regulation .../... [STEP Regulation]. 30% of the overall amount of available under this window shall be awarded to SMEs.
2023/09/08
Committee: BUDGITRE
Amendment 375 #

2023/0199(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point 14
Regulation (EU) 2021/523
Annex III – point (9)
7a.1 Investment mobilised by technology area: i) deep and digital technologies, and ii) clean technologies and iii) biotechnologies.
2023/09/08
Committee: BUDGITRE
Amendment 376 #

2023/0199(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point 14
Regulation (EU) 2021/523
Annex III – point (9)
7a.2 Number of enterprises supported by technology area: i) deep and digital technologies, and ii) clean technologies and iii) biotechnologies.
2023/09/08
Committee: BUDGITRE
Amendment 383 #

2023/0199(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point 3
Regulation (EU) 2021/695
Article 48 – first subparagraph – point d (new)
(d) equity-only support required for scale-up to non-bankable SMEs, including start-ups, and non-bankable small mid- caps, including entities which have already received support in line with points (a) to (c), carrying out breakthrough and disruptive non-bankable innovation in the critical technologies referred to in Article 2(1)(a) of Regulation .../... [STEP Regulation], financed under Article 3(b) of that Regulationollowing a thorough assessment by the Commission demonstrating the absence of a crowding- out effect of private investment.
2023/09/08
Committee: BUDGITRE
Amendment 394 #

2023/0199(COD)

Proposal for a regulation
Article 10 – Paragraph 1 – Point 6
Regulation (EU) 2021/1058
Annex 1 – Table 1
(6) In Annex I, Table I, the following row is added under policy objective 1: (vi) supporting Any RCO listed for Any RCR listed for investments contributing specific objectives (i), specific objectives (i), contributing to the to the STEP objectives (iii) and (iv) (iii) and (iv) STEP objectives referred to in Article 2 of RCO125 Firms: of Regulation .../... Enterprises supported [STEP Regulation] linked primarily to deep and digital technologies productive investments [STEP RCO1265 Firms: Regulation] Enterprises supported linked primarily to clean digital technologies productive productive investments RCO1276 Firms: Enterprises supported linked primarily to clean biotechnologies productive productive investments [These indicators are to be reported as subsets of RC001-RCO04]
2023/09/08
Committee: BUDGITRE
Amendment 395 #

2023/0199(COD)

Proposal for a regulation
Article 10 – Paragraph 1 – Point 7
Regulation (EU) 2021/1058
Annex 1 – Table 1
(7) In Annex I, Table I, the following row is added under policy objective 2: (ix) supporting Any RCO listed for Any RCR listed for investments contributing specific objectives (i), specific objectives (i), to the STEP objectives (iii), (iv) and (vi) under (iii) and (iv) under policy referred to in Article 2 of policy objective 1 objective 1 Regulation .../... [STEP Regulation] RCO125 Firms: Enterprises supported linked primarily to deep and digital technologies productive investments RCO126 Firms: Enterprises supported linked primarily to clean technologies productive investments RCO127 Firms: Enterprises supported linked primarily to biotechnologies productive investments [These indicators are to be reported as subsets of RC001-RCO04]
2023/09/08
Committee: BUDGITRE
Amendment 396 #

2023/0199(COD)

Proposal for a regulation
Article 13 – Paragraph 1 – Point 4
Regulation (EU) 2021/1060
Annex 1 – Table 1
(4) In the Annex I, Table 1, the following rows are added: Coefficient for the Coefficient for the calculation of support to INTERVENTION FIELD calculation of support to climate change environmental objectives objectives Support for the 0% 0% development of skills or access to employment in 145a deep and digital access to employment in digital technologies, . biotechnologies. Support for the 100% 40% development of skills or 145b 145b access to employment in clean technologies. Productive investments 100% 40% in large enterprises 188 linked primarily to clean technologies. 189 Productive investments 100% 40% in SMEs linked primarily to clean technologies. 1890 Productive investments 0% 0% in large enterprises linked primarily to biotechnologies. 191 Productive investments 0% 0% in SMEs linked 100% 40% in SMEs linked primarily to biotechnologies. 192 Productive investments 0% 0% in large enterprises linked primarily to deep and digitalto clean technologies. 193 Productive investments 0% 0% in SMEs linked primarily to deep and digital technologies.
2023/09/08
Committee: BUDGITRE
Amendment 397 #

2023/0199(COD)

Proposal for a regulation
Article 13 – Paragraph 1 – Point 5
Regulation (EU) 2021/1060
Annex 1 – Table 6
(5) In Annex I, Table 6, the following row is added: 11 Contributing to skills 0% 0% and jobs in deep andigital digital technologies, clean technologies,clean biotechnologies
2023/09/08
Committee: BUDGITRE
Amendment 21 #

2023/0187(CNS)

Proposal for a directive
Recital 1 b (new)
(1 b) the financial sector has demonstrated inadequacy in upholding its responsibility as intermediaries between clients and national tax administrations, notably by assisting clients in securing tax refunds for amounts not genuinely paid, thereby defrauding EU member states of billions of euros.
2023/11/17
Committee: ECON
Amendment 23 #

2023/0187(CNS)

Proposal for a directive
Recital 2 a (new)
(2 a) To fight fraud, Member States’ Eurofisc liaison officials and the EPPO, OLAF and Europol should be able to access and analyse all needed information on withholding tax relief or refund procedures. Notes that the cum-ex and cum-cum schemes both involve reclaims of dividend withholding tax, facilitated by the financial sector and other intermediairies, to which the beneficiaries were not entitled and are estimated to have imposed a total cost to public coffers of around EUR 140 billion between 2000 and 2020 in the EU. Is afraid such schemes and similar schemes are still being deployed in Member States. Notes the progress made in certain Member States to fight such fraudulent schemes.
2023/11/17
Committee: ECON
Amendment 25 #

2023/0187(CNS)

Proposal for a directive
Recital 2 b (new)
(2 b) The cum-ex and cum-cum schemes have been ruled illegal and should constitute serious criminal offenses.
2023/11/17
Committee: ECON
Amendment 26 #

2023/0187(CNS)

Proposal for a directive
Recital 2 c (new)
(2 c) Underlines Member States should strive to agree on a common withholding tax rate in the EU.
2023/11/17
Committee: ECON
Amendment 27 #

2023/0187(CNS)

Proposal for a directive
Recital 2 d (new)
(2 d) To ensure the integrety of the internal market the European Securities and Markets Authority (ESMA) and the European Banking Authority (EBA) should regularly monotor the risk for cum-cum, cum-ex and similar schemes in the EU and enhanced cooperation and mutual assistance between national competent authorities, tax authorities and other law enforcement bodies should help to detect and prosecute withholding tax reclaim schemes.
2023/11/17
Committee: ECON
Amendment 54 #

2023/0187(CNS)

Proposal for a directive
Article 4 – paragraph 2 – point f a (new)
(f a) the double tax treaty pursuant to which the taxpayer is considered resident for tax purposes in the Member State of issuance, where applicable;
2023/11/17
Committee: ECON
Amendment 62 #

2023/0187(CNS)

Proposal for a directive
Article 4 – paragraph 5 a (new)
5 a. Member States shall take the appropriate measures to require an individual or entity deemed resident in their jurisdiction for tax purposes to inform tax authorities issuing the eTRC about any change that could affect the validity or the content of the eTRC.
2023/11/17
Committee: ECON
Amendment 63 #

2023/0187(CNS)

Proposal for a directive
Article 4 – paragraph 6
6. The Commission shall adopt implementing acts laying down standard computerised forms in machine-readable format, including the linguistic arrangements, and technical protocols, including security standards, for the issuance of an eTRC. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18.
2023/11/17
Committee: ECON
Amendment 69 #

2023/0187(CNS)

Proposal for a directive
Article 5 – paragraph 4 – point d a (new)
(d a) Information on the fees charged for the provision of services under this Directive.
2023/11/17
Committee: ECON
Amendment 82 #

2023/0187(CNS)

Proposal for a directive
Article 8 – paragraph 3
3. The Member State that removes a certified financial intermediary from its national register shall inform without delay all other Member States that maintain a national register according to Article 5, indicating the reasons for such removal.
2023/11/17
Committee: ECON
Amendment 83 #

2023/0187(CNS)

Proposal for a directive
Article 8 – paragraph 3 a (new)
3 a. Member States shall update their national registers to reflect the status of financial intermediaries no longer holding certification. In cases where the removal as a certified financial intermediary results from a decision by a Member State, the specific reasons for such action shall be clearly indicated in the register.
2023/11/17
Committee: ECON
Amendment 104 #

2023/0187(CNS)

Proposal for a directive
Article 11 – paragraph 2 – point a a (new)
(a a) the risks associated with the misuse by the registered owners of an eTRC issued by Member States or third countries which offer residence and citizenship by investment schemes;
2023/11/17
Committee: ECON
Amendment 108 #

2023/0187(CNS)

Proposal for a directive
Article 11 – paragraph 3 a (new)
3 a. By [2 years from the date of entry into force of this Directive], the Commission shall adopt recommendations for the fulfilment of the requirements laid down in paragraph 2.
2023/11/17
Committee: ECON
Amendment 115 #

2023/0187(CNS)

Proposal for a directive
Article 13 – paragraph 2
2. Member States shall process a refund request made in accordance with paragraph 1 within 25 calendar days from the date of such request or from the date reporting obligations under this Directive have been met by all relevant certified financial intermediaries, whichever is the latest. Member States shall apply interest in accordance with Article 14 on the amount of such refund for each day of delay after the 25th day, unless the Member State has reasonable doubts on the legitimacy of the refund request.
2023/11/17
Committee: ECON
Amendment 127 #

2023/0187(CNS)

Proposal for a directive
Article 18 a (new)
Article 18a Monitoring and exchange in information 1. To ensure the integrety of the internal market the European Securities and Markets Authority (ESMA) and the European Banking Authority (EBA) shall regularly monotor the risk for cum-cum, cum-ex and similar schemes in the EU. 2. Member States shall introduce enhanced cooperation and mutual assistance between national competent authorities, tax authorities and other law enforcement bodies, such as the European Public Prosecutor’s Office (EPPO) to detect and prosecute withholding tax reclaim schemes.
2023/11/17
Committee: ECON
Amendment 128 #

2023/0187(CNS)

Proposal for a directive
Article 18 b (new)
Article 18b Evaluation of fraudulent schemes 1. A year after transposition of the Directive, the Commission shall submit a report to the European Parliament and the Council assessing whether Member States are still impacted by or prone to dividend arbitrage and dividend stripping schemes such as the Cum/Ex and Cum/Cum schemes. Such report shall be submitted every 2 years thereafter. 2. Member States shall communicate to the Commission relevant information for the purpose of paragraph 1. 3. For the purpose of paragraph 2, Member States shall consult the EBA, the ESMA, the EPPO and relevant national competent authorities. 4. If deemed necessary, the Commission shall present a legislative proposal to further clamp down on dividend arbitrage and dividend stripping schemes. The Commission shall consider introducing a common withholding tax in the EU or a proposal to tax capital gains upon disposal of shares and security lending fees equivalent to dividends.
2023/11/17
Committee: ECON
Amendment 130 #

2023/0187(CNS)

Proposal for a directive
Article 19 – title
EGeneral evaluation
2023/11/17
Committee: ECON
Amendment 143 #

2023/0187(CNS)

Proposal for a directive
Article 19 – paragraph 2 a (new)
2 a. Member States shall actively assess whether the Directive has an impact on risks for tax fraud and abuse, and the impact on tax revenues.
2023/11/17
Committee: ECON
Amendment 145 #

2023/0187(CNS)

Proposal for a directive
Article 19 – paragraph 5
5. Information communicated to the Commission by a Member State under paragraph 2, as well as any report or document produced by the Commission using such information, may be transmitted to other Member States and the European Parliament. The transmitted information shall be covered by the obligation of official secrecy and enjoy the protection extended to similar information under the national law of the Member State which received it.
2023/11/17
Committee: ECON
Amendment 146 #

2023/0187(CNS)

Proposal for a directive
Article 19 a (new)
Article 19a Review clause Three years after the date of entry into force of this Directive, the Commission shall present a proposal for the review of this directive focusing on the following areas: a. the creation of a centralised European register for certified financial intermediaries or the interconnection of national registers; b. distrubution ledger systems or other technological tools to render the system more efficient and fraud proof through better identification of the beneficial owner; c. registered owners to benefit from this Directive; d. a common EU definition of beneficial ownership; e. digitalizing relief and refund processes, and claims; f. acceptance of electronic or digital signatures and use of e-ID to facilitate the verification process for individual investors.
2023/11/17
Committee: ECON
Amendment 99 #

2023/0177(COD)

Proposal for a regulation
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114s 9, 114, 191 and 192 thereof,
2023/10/25
Committee: ECON
Amendment 100 #

2023/0177(COD)

Proposal for a regulation
Recital 1
(1) On 25 September 2015, the UN General Assembly adopted a new global sustainable development framework: the 2030 Agenda for Sustainable Development17 , having at its core the Sustainable Development Goals (SDGs). The Commission's Communication of 2016 on the next steps for a sustainable European future18 links the SDGs to the Union policy framework to ensure that all Union actions and policy initiatives, within the Union and globally, take the SDGs on board at the outset. The European Council conclusions of 20 June 201719 confirmed the commitment of the Union and the Member States to the implementation of the 2030 Agenda in a full, coherent, comprehensive, integrated and effective manner and in close cooperation with partners and other stakeholders. On 11 December 2019, the Commission published its communication on ‘The European Green Deal’20 . On 30 June 2021, the Council of the European Union and the European Parliament agreed on the European Climate Law which enshrines into law the goal set out in the European Green Deal for Europe's economy and society to become climate- neutral by 2050. _________________ 17 Transforming our World: The 2030 Agenda for Sustainable Development (UN 2015). 18 COM(2016) 739 final. 19 CO EUR 17, CONCL. 5. 20 Communication from the Commission of 11 December 2019 on the European Green Deal, COM(2019) 640 final.
2023/10/25
Committee: ECON
Amendment 106 #

2023/0177(COD)

Proposal for a regulation
Recital 5
(5) Financial markets have a crucial role in the channelling of capital toward investments necessary for the achievement of the EU climate and environmental objectives. In March 2018, the Commission published its Action Plan 'Financing Sustainable Growth'22 , setting up its strategy on sustainable finance. The objectives of that Action Plan are to mainstream sustainability factors into risk management and reorient capital flows towards sustainable investment to achieve sustainable and inclusive growth. _________________ 22 European Commission, Action Plan: Financing Sustainable Growth, COM(2018) 97 final.
2023/10/25
Committee: ECON
Amendment 108 #

2023/0177(COD)

Proposal for a regulation
Recital 8
(8) As a follow-up, the Commission announced in the renewed sustainable finance strategy, a public consultation on ESG ratings to feed into an impact assessment. In the public consultation that took place in 2022, stakeholders confirmed concerns with the lack of transparency of ESG ratings methodologies and objectives and clarity over ESG rating activities. As trust is pivotal in the functioning of financial markets, this lack of transparency and reliability of ESG ratings should be addressed urgently.
2023/10/25
Committee: ECON
Amendment 109 #

2023/0177(COD)

Proposal for a regulation
Recital 8 a (new)
(8 a) As part of the sustainable finance strategy, several legislative initiatives, such as the sustainability-related disclosures in the financial services sector (Regulation (EU) 2019/2088 of the European Parliament and of the Council), the establishment of the taxonomy (Regulation (EU) 2020/852 of the European Parliament and of the Council) or the corporate sustainability reporting (Directive (EU) 2022/2464 of the European Parliament and of the Council) should enhance the availability and quality of ESG data and contribute to the continuous improvement of ESG ratings’ quality.
2023/10/25
Committee: ECON
Amendment 112 #

2023/0177(COD)

Proposal for a regulation
Recital 10
(10) ESG ratings play an important role in global capital markets, as investors, borrowers and issuers increasingly use those ESG ratings as part of making informed, sustainable investment and financing decisions. Credit institutions, investment firms, insurance undertakings, assurance undertakings, and reinsurance undertakings, amongst others, often use those ESG ratings as a reference for the sustainability performance or for the sustainability risks and opportunities in their investment activity. Consequently, ESG ratings have a significant impact on the operation of the markets and on the trust and confidence of investors and consumers. To ensure that ESG ratings used in the Union are independent, objective, comparable and of adequate quality, it is important that ESG rating activities are conducted in accordance with the principles of integrity, transparency, responsibility, and good governance and are elaborated in accordance with minimum standards. Better comparability and increased reliability of ESG ratings would enhance the efficiency of that fast-growing market, thereby facilitating progress towards the objectives of the Green Deal.
2023/10/25
Committee: ECON
Amendment 118 #

2023/0177(COD)

Proposal for a regulation
Recital 15
(15) Rules on ESG rating providers should not apply to private ESG ratings produced pursuant to an individual order and provided exclusively to the person who placed the order and which are not intended for public disclosure or distribution by subscription or other means. Neither should such rules apply to ESG ratings produced by European financial undertakings that are used exclusively for internal purposes. ESMA should develop draft regulatory standards to strictly deliminate what constitutes an internal use. To preserve the level playing field, ESMA should ensure that the exclusion does not apply to ESG ratings provided by a financial undertaking to other parties, including parties belonging to the same group. ESG ratings developed by European or national authorities and by central banks should also be exempted from such rules. Likewise, this Regulation should not apply to non-profit civil society organisations or academics or journalists putting together scoreboards or rankings for non-commercial purposes, which represent a non-significant part of their overall activities. Finally, such rules should not apply to the provision of ESG data that do not include an element of rating or scoring and are not subject to any modelling or analysis resulting in the development of an ESG rating.
2023/10/25
Committee: ECON
Amendment 122 #

2023/0177(COD)

Proposal for a regulation
Recital 16
(16) It is important to lay down rules ensuring that ESG ratings provided by ESG rating providers authorised in the Union are of adequate quality, are subject to appropriate requirements and ensure market integrity. Those rules would apply to overall ESG ratings capturing Environmental, Social and Governance factors, and to ratings that are only looking at a single Environmental, Social or Governance factor or sub-component of that factor. When providing aggregated ratings, the ESG ratings providers should disclose and justify the rate and the weight granted to each component (E, S and G), taking into account that each component should receive a minimum weight of 20%.
2023/10/25
Committee: ECON
Amendment 126 #

2023/0177(COD)

Proposal for a regulation
Recital 17
(17) Given the use of ESG ratings from providers located outside the Union, it is necessary to introduce requirements based on which third-country ESG rating providers may offer their services in the Union. This is necessary to ensure market integrity, investor protection and proper enforcement. Therefore, threewo possible regimes are proposed for those third countries ESG rating providers: equivalence, and endorsement and recognition. As an overarching principle, supervision and regulation in a third country should be equivalent to Union supervision and regulation of ESG ratings. Therefore, ESG ratings provided by an ESG rating provider located in a third country can only be offered in the Union where a positive decision on equivalence of the third- country regime has been taken by the Commission. However, to avoid any adverse impact resulting from a possible abrupt cessation of the offering in the Union of ESG ratings provided by a third country ESG rating provider, it is also necessary to provide for certain other mechanisms, that is endorsement and recognition. Any ESG rating provider with a group structure should be able to use the mechanism of endorsement for the ESG ratings developed outside the Union, provided they establish, within the group, an authorised ESG rating provider in the Union. Smaller ESG rating providers, within the meaning of the maximum threshold of net turnover to define small undertakings in Directive 2013/34/EU26 , that generally do not belong to a group, and may not have the means to have a legal entity authorised in the Union, should be able to continue or start offering their services in the Union and should therefore benefit from a lighter regime, that is recognition. Where the third country ESG provider is subject to supervision, appropriate cooperation arrangements should be put in place in order to ensure the proper exchange of information with the relevant competent authority of the third country. _________________ 26 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).
2023/10/25
Committee: ECON
Amendment 129 #

2023/0177(COD)

Proposal for a regulation
Recital 20
(20) To ensure the quality and reliability of ESG ratings, ESG rating providers should use rating methodologies that are rigorous, systematic, objective, continuous and subject to validation. ESG rating providers should review ESG ratings methodologies on an on-going basis and at least annually. Therefore, these methodologies should be developed in accordance with the minimum requirements set out in this Regulation. As a matter of principle, an ESG rating should always address the material impact of the rated entity on the environment and society in general. ESG rating providers should review ESG ratings methodologies on an on-going basis and at least annually, including to take into account European and International developments affecting the E, S and/or G factors.
2023/10/25
Committee: ECON
Amendment 133 #

2023/0177(COD)

Proposal for a regulation
Recital 20 a (new)
(20 a) Taking into account the Union objectives and international standards for each factor is a prerequisite to ensure a sufficient level of quality of ESG ratings. As such, for the “E” factor, ESG ratings providers should ensure that the rated entity’s activities are aligned with the objectives set in the Paris agreement.
2023/10/25
Committee: ECON
Amendment 138 #

2023/0177(COD)

Proposal for a regulation
Recital 21
(21) To ensure a higher-level transparency, ESG rating providers should disclose information to the public on the methodologies, models and key rating assumptions which those providers use in their ESG rating activities and in each of their ESG ratings product. In light of the uses of ESG ratings by investors, the rating products should explicitly disclose which dimension of the double materiality the rating addresses, whether it ithe rating addresses both material financial risk to the rated entity and the material impact of the rated entity on the environment and society in general or whether it takes into account only one of themthe material impact of the rated entity on the environment and society in general. They should also explicitly disclose whether the rating addresses other dimensions. For the same reason, ESG rating providers should provide more detailed information on the methodologies, models and key rating assumptions to subscribers of ESG ratings. That information should enable users of ESG ratings to perform their own due diligence when assessing whether to rely or not on those ESG ratings. Disclosure of information concerning models should however not reveal sensitive business information or impede innovation.
2023/10/25
Committee: ECON
Amendment 146 #

2023/0177(COD)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation introduces a common regulatory approach to enhance the integrity, comparability, transparency, responsibility, good governance, and independence of ESG rating activities, contributing to the transparencreliability and quality of ESG ratings. It aims to contribute to the smooth functioning of the internal market, while achieving a high level of consumer and investor protection and preventing greenwashing or other types of misinformation, including social-washing, by introducing transparency and minimum requirements related to ESG ratings and rules on the organisation and conduct of ESG rating providers.
2023/10/25
Committee: ECON
Amendment 158 #

2023/0177(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point b
(b) ESG ratings produced by regulated financial undertakings in the Union that are used exclusively for internal purposes or for providing in-house financial services and products;
2023/10/25
Committee: ECON
Amendment 179 #

2023/0177(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point i – introductory part
(i) ESG ratings produced by central banks that fulfil all of the following conditions:members of the European System of Central Banks (ESCB);
2023/10/25
Committee: ECON
Amendment 181 #

2023/0177(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point i – point a
(a) they are not paid for by the rated entity;deleted
2023/10/25
Committee: ECON
Amendment 182 #

2023/0177(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point i – point b
(b) they are not disclosed to the public;deleted
2023/10/25
Committee: ECON
Amendment 184 #

2023/0177(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point i – point c
(c) they are provided in accordance with the principles, standards and procedures which ensure the adequacy, integrity and independence of rating activities, as provided for by this Regulation, andeleted
2023/10/25
Committee: ECON
Amendment 186 #

2023/0177(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point i – point d
(d) they do not relate to financial instruments issued by the respective central banks’ Member States.deleted
2023/10/25
Committee: ECON
Amendment 189 #

2023/0177(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point i a (new)
(ia) non-profit civil society organisations or academics or journalists putting together scoreboards or rankings for non-commercial purposes, which represent a non-significant part of their overall activities.
2023/10/25
Committee: ECON
Amendment 196 #

2023/0177(COD)

Proposal for a regulation
Article 2 – paragraph 2 a (new)
2 a. ESMA shall develop draft regulatory technical standards to specify further what constitutes a use exclusively for internal purposes or for providing in- house financial services and products in accordance with point (b) of paragraph 2. ESMA shall submit those draft regulatory technical standards to the Commission by [12 months after the entry into force of this Regulation]. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with the procedure laid down in Articles 10 to 14 of Regulation (EU) 1095/2010.
2023/10/25
Committee: ECON
Amendment 199 #

2023/0177(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘ESG rating’ means an opinion, a score or a combination of both, regarding an entity, a financial instrument, a financial product, or an undertaking’s ESG profile or characteristics or exposure to ESG risks or the impact on people, society and the environment, that are based on an established and transparent methodology and defined ranking system of rating categories and that are provided to third parties, irrespective of whether such ESG rating is explicitly labelled as ‘rating’ or ‘ESG score’;
2023/10/25
Committee: ECON
Amendment 216 #

2023/0177(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 9 a (new)
(9a) ‘management body’ means the body or bodies of an ESG rating provider which are empowered to define the ESG rating provider’s strategy and objectives, and responsible for overseeing and monitoring the ESG rating provider’s activities.
2023/10/25
Committee: ECON
Amendment 218 #

2023/0177(COD)

(10) ‘senior management’ means the person or persons who effectively directrun the business of the ESG rating provider and the member or members of the ESG rating provider’s administrative or supervisory board.
2023/10/25
Committee: ECON
Amendment 223 #

2023/0177(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point d
(d) a recognition as referred to in Article 11;deleted
2023/10/25
Committee: ECON
Amendment 227 #

2023/0177(COD)

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2
ESMA shall submit those draft regulatory technical standards to the Commission by XX XXXX XXXX[9 months after the entry into force of this Regulation].
2023/10/25
Committee: ECON
Amendment 232 #

2023/0177(COD)

1. Within 320 working days of receipt of the application referred to in Article 5(2), ESMA shall assess whether the application is complete. Where the application is not complete, ESMA shall set a deadline by which the applicant is to provide additional information.
2023/10/25
Committee: ECON
Amendment 233 #

2023/0177(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. Within 12045 working days of the notification referred to in paragraph 2, ESMA shall adopt a fully reasoned decision to authorise or refuse authorisation.
2023/10/25
Committee: ECON
Amendment 235 #

2023/0177(COD)

Proposal for a regulation
Article 6 – paragraph 4 – introductory part
4. ESMA may extend the period referred to in the paragraph 3 to 140by 15 working days in particular where the applicant:
2023/10/25
Committee: ECON
Amendment 245 #

2023/0177(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point a
(a) the third country ESG rating provider is a legal person, is authorised or registered as an ESG rating provider in the third country concerned, and is subject to supervision by that third country;
2023/10/25
Committee: ECON
Amendment 246 #

2023/0177(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)
(da) establishment in the EU would be disproportionate to the nature, scale and complexity of the ESG rating providers' ESG rating activities in the EU;
2023/10/25
Committee: ECON
Amendment 248 #

2023/0177(COD)

(db) the third country ESG ratings provider has been authorised by ESMA in accordance with Article 5.
2023/10/25
Committee: ECON
Amendment 252 #

2023/0177(COD)

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
For the purposes of point (a), the Commission shall take into account whether the legal framework and supervisory practice of a third country ensures compliance with the IOSCO recommendations for ESG Ratings published in November 2021.deleted
2023/10/25
Committee: ECON
Amendment 256 #

2023/0177(COD)

Proposal for a regulation
Article 9 – paragraph 4 – point a
(a) the mechanism for exchanging information on a regular and ad-hoc basis between ESMA and the competent authorities of third countries concerned, including access to all relevant information requested by ESMA regarding the ESG rating provider authorised or registered in that third country;
2023/10/25
Committee: ECON
Amendment 263 #

2023/0177(COD)

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point e
(e) the ESG rating provider located in the Union provides ESMA at its request with all the information necessary to enable ESMA to supervise the compliance by the third country ESG rating provider with this Regulation on an ongoing basis, in accordance with Article 30;
2023/10/25
Committee: ECON
Amendment 266 #

2023/0177(COD)

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
For the purposes of point (b) of the first subparagraph, ESMA may considershall assess that compliance of the provision of the ESG rating to be endorsed with the IOSCO recommendations for ESG ratings is equivalent to compliance with the s with the requirements of this Regulation.
2023/10/25
Committee: ECON
Amendment 271 #

2023/0177(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. Within 30 working days of receipt of the application for endorsement referred to in paragraph 1, ESMA shall assess whether the application is complete. When the application is not complete, ESMA shall notify the ESG rating provider and shall set a deadline by which the applicant must complete its application. ESMA shall refuse the authorisation where the ESG rating provider fails to complete its application within the deadline. Within 90 working days of receipt of the application for endorsement referred to in paragraph 1, ESMA shall examine the application and decide either to authorise the endorsement or to refuse it. ESMA shall publicly notify the decision to endorse provided by a third country ESG rating provider.
2023/10/25
Committee: ECON
Amendment 277 #

2023/0177(COD)

Proposal for a regulation
Article 11
[...]deleted
2023/10/25
Committee: ECON
Amendment 285 #

2023/0177(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. Any cooperation arrangement as referred to in Article 9(4), Article 10(1), point (f) and Article 11(50(1), point (b),f) shall be subject to guarantees of professional secrecy which are at least equivalent to those set out in Article 44. The exchange of information performed under such cooperation arrangements shall be intended for the performance of the tasks of ESMA or the competent authorities.
2023/10/25
Committee: ECON
Amendment 293 #

2023/0177(COD)

Proposal for a regulation
Article 14 – paragraph 7
7. ESG rating providers shall use rating methodologies for the ESG ratings they provide that are rigorous, systematic, objective and capable of validation and, in accordance with the requirements defined in Title III Chapter 1a of this Regulation. They shall apply those rating methodologies continuously.
2023/10/25
Committee: ECON
Amendment 302 #

2023/0177(COD)

Proposal for a regulation
Article 14 – paragraph 11
11. ESG rating providers shall adopt, implement, and enforce measures to ensure that their ESG ratings are based on a thorough analysis of all the information that is available to them and that is relevant to their analysis in accordance with their rating methodologies and the requirements laid down in Title III Chapter 1a of this Regulation. They shall adopt all necessary measures to ensure that the information they use in assigning ESG ratings is of sufficient quality and from reliable sources. ESG rating providers shall explicitly mention that their ESG ratings are their own opinion .
2023/10/25
Committee: ECON
Amendment 303 #

2023/0177(COD)

Proposal for a regulation
Article 14 – paragraph 12
12. ESG rating providers shall not disclose information related to the rated entities about their intellectual capital, intellectual property, know-how or the results of innovation that would qualify as trade secrets as defined in Article 2, point (1), of Directive (EU) 2016/943 of the European Parliament and of the Council52 . _________________ 52 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).
2023/10/25
Committee: ECON
Amendment 306 #

2023/0177(COD)

Proposal for a regulation
Article 14 a (new)
Article14a Organisational requirements, governance and processes 1. An ESG rating provider shall have a management body that has the ultimate responsibility for the compliance of the ESG rating provider with the provisions of this Regulation. The management body shall in particular : (a) assess and adapt the ESG rating provider's strategy in accordance with its ESG rating objectives; (b) ensure that conflicts of interests are properly identified, removed or managed and disclosed; (c) verify that the policies, written procedures and the rating methodology comply with the requirements of this Regulation and are regularly reviewed. 2. An ESG rating provider shall establish and maintain a permanent and independent compliance function for the activities performed under this Regulation. It shall have the necessary resources and expertise and have access to all the information necessary to perform its function. 3. An ESG rating provider shall establish and maintain a permanent oversight function to monitor all aspects of the provision of ESG ratings. The oversight function shall at least: (a) regularly review the ESG rating methodology, including models and key assumptions; (b) verify that the ESG ratings are based on reliable data and of sufficient quality; (c) monitor the implementation of identified remedial actions. 4. The compliance function referred to in paragraph 2 and and the oversight function referred to in paragraph 3 shall have direct access to the management body of the ESG rating provider.
2023/10/25
Committee: ECON
Amendment 314 #

2023/0177(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point a
(a) consulting activities to investors or, financial or non-financial undertakings;
2023/10/25
Committee: ECON
Amendment 318 #

2023/0177(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point b
(b) the issuance and saledistribution of credit ratings;
2023/10/25
Committee: ECON
Amendment 328 #

2023/0177(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point f a (new)
(fa) ESG ratings for entities which belong to the same group as the ESG rating provider.
2023/10/25
Committee: ECON
Amendment 332 #

2023/0177(COD)

Proposal for a regulation
Article 15 – paragraph 2 a (new)
2a. For the purposes of ensuring sufficient and harmonised safeguards for the provision of other services in accordance with paragraph 2, ESMA shall develop draft implementing technical standards to specify under which conditions ESG rating providers could provide such services. ESMA shall submit those draft implementing technical standards to the Commission by [12 months after the entry into force of this Regulation]. Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1095/2010.
2023/10/25
Committee: ECON
Amendment 337 #

2023/0177(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. The persons referred to staff of the ESG rating paragraph 1rovider shall not buy or sell any financial instrument issued, guaranteed, or otherwise supported by any rated entity other than holdings in diversified collective investment schemes, including managed funds, nor engage in any transaction in such financial instruments.
2023/10/25
Committee: ECON
Amendment 338 #

2023/0177(COD)

Proposal for a regulation
Article 16 – paragraph 4 – point c
(c) have had a recent, over the last 3 years, an employment, business or other relationship with the rated entity or any entity within the group of the rated entity that may cause or may be generally perceived as causing a conflict of interest.
2023/10/25
Committee: ECON
Amendment 339 #

2023/0177(COD)

Proposal for a regulation
Article 16 – paragraph 5 – introductory part
5. ESG rating providers shall ensure that the persons referred to in paragraph 1members of its staff:
2023/10/25
Committee: ECON
Amendment 341 #

2023/0177(COD)

Proposal for a regulation
Article 16 – paragraph 8
8. Persons as referred to in paragraph 1 as well as persons occupying a senior management position in the ESG rating provider shall not take up a key management position within a rated entity which they have been involved in rating for six months after the provision of such rating.
2023/10/25
Committee: ECON
Amendment 347 #

2023/0177(COD)

Proposal for a regulation
Article 17 – paragraph 1
1. ESG rating providers shall record their ESG rating activities. Those records shall contain the information listed in Annexes I and II.
2023/10/25
Committee: ECON
Amendment 348 #

2023/0177(COD)

Proposal for a regulation
Article 17 – paragraph 1 a (new)
1a. ESG rating providers shall keep record of key rating-related information, including rating, the rated legal entity or financial instrument, the rating type, the horizon or outlook used for the rating, the rating status and make this information available upon request to competent authorities in charge of the supervision of the regulated financial undertakings in the Union.
2023/10/25
Committee: ECON
Amendment 349 #

2023/0177(COD)

Proposal for a regulation
Article 17 – paragraph 2 a (new)
2 a. ESMA shall develop draft implementing technical standards to specify the formats that ESG rating providers shall use to transmit the information for the purposes set out in paragraph 1a. ESMA shall submit those draft implementing technical standards to the Commission by [9 months after entry into force of this Regulation]. Power is delegated to the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 15 of Regulation (EU) No 1095/2010.
2023/10/25
Committee: ECON
Amendment 363 #

2023/0177(COD)

Proposal for a regulation
Article 19 – paragraph 3 a (new)
3a. ESG rating providers that outsource functions or any services or activities must not transmit confidential data or information related to rated entities unless rated entities have expressly consented to the transmission of such data or information.
2023/10/25
Committee: ECON
Amendment 365 #

2023/0177(COD)

Proposal for a regulation
Article 20 – paragraph 1 – introductory part
1. ESMA may exempt an ESG rating provider at its request from complying with some of the organisational requirements laid down in Article 14a (2) and (3) where that ESG rating provider is able to demonstrate that those requirements are not proportionate in view of the nature, scale and complexity of its business and the nature and range of the issuance of ESG ratings and provided that:
2023/10/25
Committee: ECON
Amendment 366 #

2023/0177(COD)

Proposal for a regulation
Article 20 – paragraph 1 – point a
(a) the ESG rating provider is a small or medium-sized undertaking according to the criteria laid down in Article 3 of Directive 2013/34/EU and is not part of a wider group;
2023/10/25
Committee: ECON
Amendment 368 #

2023/0177(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. In the case of a group of ESG rating providers, ESMA shall ensure that at least one of the ESG rating providers in the group is not exempted from the requirements laid down in this Regulation.deleted
2023/10/25
Committee: ECON
Amendment 370 #

2023/0177(COD)

Proposal for a regulation
Title III – Chapter 1 a (new)
1a CHAPTER 1a Minimum requirements on ESG ratings methodology Article 20a - Disaggregation of E, S and G components 1. ESG rating providers shall provide for each rated entity separate E, S and G ratings. 2. Notwithstanding paragraph 1, ESG rating providers can provide a single ESG rating that aggregates E, S and G factors provided that: (a) The weight attributed to each factor is clearly communicated to ESG rating subscribers and users; (b) An explanation of the weight attributed to each factor is provided to ESG rating subscribers and users; (c) Each factor shall be attributed a factor of at least 20%. Article 20b - Impact materiality requirement 1. All ESG ratings provided by ESG rating providers shall be based, at least partly, on the impact materiality of the rated entity or financial instrument on the environment and society. Ratings or scores based solely on the ability of an entity to withstand the risks posed by ESG factors do not qualify as ESG rating. 2. Where ESG rating providers factor in financial materiality assessment in their ESG ratings, they shall make sure that this dimension does not represent more than 25% of the rating. Article 20c - Minimum requirements for each factor 1. ESG rating providers shall ensure that their methodology for the "E" factor ensures at least alignment with the 1.5°C target set by the Paris agreement. Undertakings conducting or financing new fossil fuel projects shall receive a rating in the lowest rating category. 2. ESG rating providers shall ensure that their methodology for the "S" factor is at least aligned with the core International Labour Organization (ILO) standards and the UN Guiding Principles on Business and Human Rights. 3. ESG rating providers shall ensure that their methodology for the "G" factor is at least aligned with the G20/OECD Principles of Corporate Governance and the UN Convention Against Corruption. Undertakings convicted of money- laundering, terrorist financing or tax avoidance shall receive a rating in the lowest rating category.
2023/10/25
Committee: ECON
Amendment 374 #

2023/0177(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. ESG rating providers shall disclose on their website, as a minimum, the methodologies, models and key rating assumptions they use in their ESG rating activities, including the information referred to in points d) and g) of Annex I and in point 1 of Annex III.
2023/10/25
Committee: ECON
Amendment 379 #

2023/0177(COD)

Proposal for a regulation
Article 21 – paragraph 1 a (new)
1a. ESG rating providers, when providing aggregated ESG ratings shall disclose the rating and the weight attributed to the E, S and G factors separately.
2023/10/25
Committee: ECON
Amendment 380 #

2023/0177(COD)

Proposal for a regulation
Article 21 – paragraph 1 b (new)
1b. ESG rating providers shall make use of the data enclosed in the Sustainable Finance Disclosure Regulation, the Taxonomy Regulation and the Corporate Sustainability Reporting Directive. These pieces of legislation represent landmark legislative initiatives to enhance the availability, quality and consistency of ESG requirements across the entire value chain of financial market participants.
2023/10/25
Committee: ECON
Amendment 381 #

2023/0177(COD)

Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 1
ESMA shall submit those draft regulatory technical standards to the Commission by XX XXXX XXXX[9 months after entry into force of this Regulation] .
2023/10/25
Committee: ECON
Amendment 382 #

2023/0177(COD)

Proposal for a regulation
Article 21 – paragraph 3 a (new)
3a. ESMA shall also develop draft implementing technical standards to specify the formats and templates ESG rating providers shall use for the purposes set out in paragraph 1. ESMA shall submit those draft implementing technical standards to the Commission by [9 months after entry into force of this Regulation]. Power is delegated to the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 15 of Regulation (EU) No 1095/2010.
2023/10/25
Committee: ECON
Amendment 387 #

2023/0177(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
ESMA shall submit those draft regulatory technical standards to the Commission by XX XXXX XXXX[9 months after entry into force of this Regulation].
2023/10/25
Committee: ECON
Amendment 388 #

2023/0177(COD)

Proposal for a regulation
Article 22 – paragraph 3 a (new)
3a. ESMA shall develop draft implementing technical standards to specify the data standards and formats for the elements that are to be disclosed in accordance with paragraph 1. ESMA shall submit those draft implementing technical standards to the Commission by [9 months after entry into force of this Regulation] Power is delegated to the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 15 of Regulation (EU) No 1095/2010.
2023/10/25
Committee: ECON
Amendment 391 #

2023/0177(COD)

Proposal for a regulation
Article 22 a (new)
Article22a Errors in ESG rating methodologies Where a ESG rating provider becomes aware of errors in its rating methodologies or in their application it shall immediately: (a) notify those errors to ESMA and all affected rated entities explaining the impact on its ratings including the need to review issued ratings; (b) where errors have an impact on its ESG ratings, publish those errors on its website; (c) correct those errors in the rating methodologies; (d) review the affected ESG ratings as soon as possible and no later than six months after the change, in the meantime placing those ratings under observation; and (e) re-rate all ESG ratings that have been based on those methodologies, models or key rating assumptions if, following the review, the overall combined effect of the changes affects those ESG rating
2023/10/25
Committee: ECON
Amendment 394 #

2023/0177(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. ESG rating providers shall take all necessary steps to ensure that any ESG rating provided is not affected by any existing or potential conflict of interest, or by any business relationship, either from the ESG rating provider itself or from their shareholders, managers, rating analysts, employees or any other natural person whose services are placed at the disposal or under the control of the ESG rating providers, or any person directly or indirectly linked to them by control or any third-party provider to whom functions or any services or activities have been outsourced.
2023/10/25
Committee: ECON
Amendment 399 #

2023/0177(COD)

Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1
Where there is a risk of a conflict of interest within an ESG rating provider due to the ownership structure, controlling interests, or activities of that ESG rating provider, of any entity owning or controlling the ESG rating provider, of an entity that is owned or controlled by the ESG rating provider, or of any the ESG rating provider’s affiliates or third-party provider, ESMA may require the ESG rating provider to take measures to mitigate that risk. Such measures may include the establishment of an independent oversight function representing stakeholders, including users of the ESG ratings and, contributors to such ratings, trade unions, relevant civil society organisations and affected communities, in a balanced manner.
2023/10/25
Committee: ECON
Amendment 400 #

2023/0177(COD)

Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 2
Where athere is a risk of conflict of interest as referred to in the first subparagraph that cannot be adequately managed, ESMA mayshall require the ESG rating provider to cease the activities or relationships that create the conflict of interest, or mayshall require the ESG rating provider to cease providing the ESG ratings.
2023/10/25
Committee: ECON
Amendment 426 #

2023/0177(COD)

Proposal for a regulation
Article 31 – paragraph 1 – point c
(c) summon and ask any person referred to in Article 30(1),or their representatives or staff for oral or written explanations on facts or documents related to the subject matter and purpose of the inspecvestigation and to record the answers;
2023/10/25
Committee: ECON
Amendment 428 #

2023/0177(COD)

Proposal for a regulation
Article 32 – paragraph 1
1. In order to carry out its duties under this Regulation, ESMA may conduct all necessary on-site inspections at the business premises and land of the legal persons referred to in Article 30(1). Where the proper conduct and efficiency of the inspection so require, ESMA may carry out the on-site inspection without prior announcement.
2023/10/25
Committee: ECON
Amendment 433 #

2023/0177(COD)

Proposal for a regulation
Article 33 – paragraph 3 – point f
(f) the impact of the infringement on retail investors’ interests and on other ESG rating users;
2023/10/25
Committee: ECON
Amendment 435 #

2023/0177(COD)

4 a. Where an ESG rating is provided upon material infringement of this Regulation, ESMA may require the infringing ESG rating provider to inform the ESG rating subscribers and users that the ESG rating is no longer valid. ESMA shall publish its decision on its website the day following the decision.
2023/10/25
Committee: ECON
Amendment 437 #

2023/0177(COD)

Proposal for a regulation
Article 34 – paragraph 1
1. Where ESMA finds that an ESG rating provider, or, where applicable, its legal representative, has, intentionally or negligently, infringed this Regulation, it shall adopt a decision imposing a fine. The maximum amount of the fine shall be 10 % of the total annual net turnover of the ESG rating provider, calculated on the basis of the most recent available financial statements approved by the management body of the ESG rating provider. An infringement shall be considered to have been committed intentionally if ESMA finds objective elements which demonstrate that a person acted deliberately to commit the infringement.
2023/10/25
Committee: ECON
Amendment 448 #

2023/0177(COD)

Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 2
By XX XXXX XXXX[12 months after the entry into force of this Regulation], the Commission shall adopt delegated acts in accordance with Article 45 to supplement this Regulation by specifying the type of fees, the matters for which fees are due, the amount of the fees, the manner in which they are to be paid and, where applicable, the way in which ESMA is to reimburse competent authorities in respect of any costs that they may have incurred carrying out work pursuant to this Regulation, in particular as a result of any delegation of tasks as referred to in Article 41.
2023/10/25
Committee: ECON
Amendment 450 #

2023/0177(COD)

Proposal for a regulation
Article 42 – paragraph 1
ESMA and the competent authorities, shall, without undue delay, provide each other with the information required for carrying out their duties under this Regulation or under their respective supervisory responsibility and mandates.
2023/10/25
Committee: ECON
Amendment 460 #

2023/0177(COD)

Proposal for a regulation
Article 49 – paragraph 1
1. The Commission shall evaluate the application of this Regulation by [fivetwo years after the entry into force of this Regulation].
2023/10/25
Committee: ECON
Amendment 465 #

2023/0177(COD)

Proposal for a regulation
Article 49 – paragraph 2 a (new)
2 a. The report referred to in paragraph 2 shall in particular assess: (a) whether the scope of this Regulation is appropriate to achieve the objectives of this Regulation in accordance with Article 1, including whether ESG data providers should be included in the scope of this Regulation; (b) whether additional minimum requirements applicable to ESG rating methodologies should be implemented; (c) whether the framework for third- country ESG rating provider established by this Regulation is appropriate; (d) whether the governance and organisational requirements defined in Title III of this Regulation are sufficient to ensure independent, objective and high-level quality of ESG ratings.
2023/10/25
Committee: ECON
Amendment 467 #

2023/0177(COD)

Proposal for a regulation
Article 49 a (new)
Article49a Amendment to Regulation (EC) No 1060/2009 The following subparagraph is inserted to Article 8(2) of Regulation 1060/2009: 'Where available, a credit rating agency shall take into account the ESG rating of the rated entity provided in accordance with [add reference to ESG rating Regulation] to define its credit rating.'
2023/10/25
Committee: ECON
Amendment 471 #

2023/0177(COD)

Proposal for a regulation
Annex I – paragraph 1 – point g
(g) a detailed description of the procedures and methodologies used to issue and review ESG ratings implemented by the applicant. It should include a demonstration of the use of at least 50% of the common data points provided both under the Sustainable Finance Disclosure Regulation (SFDR), principal adverse impacts (PAIs) under the SFDR Delegated Regulation 2022/1288 and the Corporate Sustainability Reporting Directive (CSRD) Delegated Regulation (ESRS) as minimum quality thresholds;
2023/10/25
Committee: ECON
Amendment 473 #

2023/0177(COD)

Proposal for a regulation
Annex I – paragraph 1 – point j a (new)
(ja) where applicable, existing track records of ESG rating activities;
2023/10/25
Committee: ECON
Amendment 475 #

2023/0177(COD)

Proposal for a regulation
Annex I – paragraph 1 – point j b (new)
(j b) where applicable, the class of ESG ratings that the ESG rating provider expects to endorse.
2023/10/25
Committee: ECON
Amendment 486 #

2023/0177(COD)

Proposal for a regulation
Annex III – Part 1 – paragraph 1 – point b a (new)
(ba) the relevant KPIs per E, S and G factor with their weighting method, the metrics that have been selected as relevant and data quality controls;
2023/10/25
Committee: ECON
Amendment 487 #

2023/0177(COD)

Proposal for a regulation
Annex III – Part 1 – paragraph 1 – point c
(c) information on whether and how the methodologies are based on scientific evidence;
2023/10/25
Committee: ECON
Amendment 488 #

2023/0177(COD)

Proposal for a regulation
Annex III – Part 1 – paragraph 1 – point c a (new)
(c a) whether and to which extent financial materiality is taken into account;
2023/10/25
Committee: ECON
Amendment 502 #

2023/0177(COD)

Proposal for a regulation
Annex III – Part 2 – paragraph 1 – point a – point 1
(1) where applicable, scientific evidence and assumptions on which the ratings are based,
2023/10/25
Committee: ECON
Amendment 505 #

2023/0177(COD)

Proposal for a regulation
Annex III – Part 2 – paragraph 1 – point a – point 6 a (new)
(6a) any changes to rating methodologies, models, key rating assumptions or data sources (including estimates), reasons for these changes and their implications on ratings;
2023/10/25
Committee: ECON
Amendment 506 #

2023/0177(COD)

Proposal for a regulation
Annex III – Part 2 – paragraph 1 – point a – point 7 a (new)
(7a) any errors in its ESG rating methodologies or in their application.
2023/10/25
Committee: ECON
Amendment 516 #

2023/0177(COD)

Proposal for a regulation
Annex III – Part 2 – paragraph 1 – point c a (new)
(ca) for “E” ratings, whether the rated entitiy activities are aligned with the requirement established by Regulation EU 2020/852 and its Delegated act, and where the rated entity receives a rating in the highest category while its activities are not aligned with the above mentioned Regulation a detailed justification.
2023/10/25
Committee: ECON
Amendment 159 #

2023/0138(COD)

Proposal for a regulation
Recital 5
(5) The economic governance framework of the Union should be adapted to better take into account the growing heterogeneity of fiscal positions, public debt challenges, social considerations, green investment needs and other vulnerabilities across Member States. The strong policy response to the COVID-19 pandemic proved highly effective in mitigating the economic and social damage of the crisis, but the crisis resulted in a significant increase in public- and private- sector debt ratios, underscoring the importance of reducing debt ratios to prudent levels in a gradual, sustained and growth-friendly manner and addressing macroeconomic imbalances, whilepublic debt sustainability while supporting sustained levels of public investments enabling economic resilience, addressing macroeconomic imbalances as well as promoting upward social convergence, by paying due attention to quality employment and social objectives. At the same time, the economic governance framework of the Union should be adapted to help address the medium- and long-term challenges facing the Union including achieving a fair digital and green transition, including the Climate Law22 and the European Pillar of Social Rights, ensuring energy security, open strategic autonomy, addressing demographic change, strengthening social, environmental and economic resilience and implementing the strategic compass for security and defence, all of which requires reforms and sustained high levels of investment in the years to come. _________________ 22 The European Climate Law sets a Union-wide climate neutrality objective by 2050 and requires Union institutions and Member States to progress in enhancing adaptive capacity, requiring significant public investment to reduce the negative socio-economic impacts of climate changThe economic governance framework of the Union should take into account the severe fiscal risks associated with climate inaction and the high ecological, social and economic risks that are expected to materialise oin the EU and its Member States, including negative impacts on growevent of insufficient or delayed investment in the and fiscal sustainabilitchievement of a net-zero economy.
2023/10/26
Committee: ECON
Amendment 177 #

2023/0138(COD)

Proposal for a regulation
Recital 6
(6) The economic governance framework of the Union should put debt sustainability and, sustainable and inclusive growth and resilience at its core and therefore differentiate between Member States by taking into account their public debt challenges and allowing country- specific fiscal trajectories.
2023/10/26
Committee: ECON
Amendment 191 #

2023/0138(COD)

Proposal for a regulation
Recital 8
(8) Detailed rules should therefore be laid down regarding the content, submission, assessment and monitoring of the national medium-term fiscal-structural plans, in order to promote debt sustainability and, sustainable and inclusive growth and resilience in the Member States ands well as prevent the occurrence of excessive government deficits through medium-term planning.
2023/10/26
Committee: ECON
Amendment 207 #

2023/0138(COD)

Proposal for a regulation
Recital 11 a (new)
(11 a) Within the net expenditure path developed by Member States as part of the medium term fiscal structural plan, investment expenditures that address EU priorities and national co-financing under EU programmes that do not cause significant harm to any of the environmental objectives under the Taxonomy Regulation should be spread over the life cycle of the acquired assets. Such treatment enables the front-loading of green investments, accelerating the green transition and a smoother adjustment with reference to the overall carbon budget on the path to the Paris Agreement goals. Likewise, frontloading investments in the implementation of the European Pillar of Social Rights and its action plan will contribute to the timely achievement of its goals, not least with regard to upskilling, employment and reduction of poverty.
2023/10/26
Committee: ECON
Amendment 220 #

2023/0138(COD)

Proposal for a regulation
Recital 13
(13) To provide guidance to the Member States in the drafting of their medium-term fiscal-structural plan, the Commission should put forward a technical trajectory based on the minimum fiscal adjustment that brings the debt trajectory of the Member State on a plausibly downward path or maintains debt at a prudent level. It should also ensure that the public debt ratio at the end of the planning horizon declines below its level in the year before the start of the technical trajectory. The sustainabion a sustainable level while also taking into account the investment needs of Member States to achieve the common priorities of the Union. It is crucial to determine existing investment gaps that keep Member States from achieving the EU common priorities to ensure that fiscal politcy of that debt reduction should result from appropriate fiscal policiis made in a way that is commensurate with existing challenges.
2023/10/26
Committee: ECON
Amendment 228 #

2023/0138(COD)

Proposal for a regulation
Recital 14
(14) The technical trajectory put forward by the Commission should also ensure that the government deficit is brought and maintained below the 3% of gross domestic product (GDP) reference value or is put on a plausibly downward path towards the reference value at the end of the adjustment period.
2023/10/26
Committee: ECON
Amendment 232 #

2023/0138(COD)

Proposal for a regulation
Recital 15
(15) In order to assess whether further adjustments are required towards the end of the four-year implementation period of the national medium-term fiscal-structural plan, the Commission should reassess the situation and put forward a new technical trajectory if the public debt of the Member State is still above 60% of GDP reference value or its government deficit is higher than 3% of GDP reference valuenecessary.
2023/10/26
Committee: ECON
Amendment 247 #

2023/0138(COD)

Proposal for a regulation
Recital 18
(18) Since Member States could face additional costs at the end of their medium- term fiscal-structural plan such as ageing costs or an unfavourable interest-growth differential, they should ensure that the headline balance at the end of the adjustment period will be sufficient to ensure that the deficit durably stays below the 3% of GDP reference valuis sustainable in light of the quality of government expenditure.
2023/10/26
Committee: ECON
Amendment 259 #

2023/0138(COD)

Proposal for a regulation
Recital 22
(22) To ensure a more gradual debt reduction, the adjustment period can be extended by a maximum of 3 years if the Member State underpins its medium-term fiscal-structural plan with a set of verifiable and time-bound reforms and investment that, taken altogether: are growth are resilience-enhancing, support fiscal sustainability, address the common priorities of the Union, address relevant country-specific recommendations addressed to the Member State under the European Semester, and address the country-specific investment priorities without leading to cuts in other nationally financed public investment over the adjustment period in order to ensure a macroeconomic impact of investments and avoid crowding out of other investment priorities.
2023/10/26
Committee: ECON
Amendment 263 #

2023/0138(COD)

Proposal for a regulation
Recital 23
(23) With a view to ensuring an equitable and transparent process, the reform and investment commitments should be assessed using a common Union framework. During the lifetime of the Recovery and Resilience Facility, commitments in the national Recovery and Resilience Plans can be considered in the assessment of the request for an extension of the adjustment period, where applicable. The set of reforms and investments underpinning an extension of the fiscal adjustment path period should be commensurate with identified national investment gaps, the degree of public debt challenges as established in the most recent update of the Debt Sustainability Monitor and challenges to medium-term growth in the Member State. For Member States where public debt challenges are linked to significant challenges to medium- term growth, the set of reforms and investments is expected to also address bottlenecks to medium-term growth and resilience.
2023/10/26
Committee: ECON
Amendment 287 #

2023/0138(COD)

Proposal for a regulation
Recital 31
(31) There should also be a country- specific escape clause to allow a deviation from the net expenditure path provided that it does not endanger fiscal sustainability in the medium term in the case of exceptional circumstances, such as unpredictable exogenous events that could not have been prevented and that require counter- cyclical fiscal measures, outside the control of the Member State which have a major or cyclical conditions that adversely impact on the public finances of the Member State. Such major impact should result in an overall size of the shock that exceeds a ‘normal’ range: for example costs of natural disasters should be factored in in budgetary planning within a certain range. The triggering and extension of general and country-specific escape clauses are subject to a Council recommendation.
2023/10/26
Committee: ECON
Amendment 293 #

2023/0138(COD)

Proposal for a regulation
Recital 32
(32) This Regulation is part of a package together with Council Directive [XXX amending 2011/85/EU] and Council Regulation [XXX amending Council Regulation (EC) No 1467/97]. Together, they establish a reformed Union economic governance framework that incorporates into Union law the substance of Title III ‘Fiscal Compact’ of the Treaty on Stability, Coordination and Governance (TSCG) in the Economic and Monetary Union27 , in accordance with Article 16 thereof. By building on the experience with the implementation of the TSCG by the Member States, the proposed legislative package retains the Fiscal Compact’s medium-term orientation as a tool to achieve budgetary discipline and growth promotion. The package includes a strengthened country-specific dimension aimed at enhancing national ownership, including by means of a stronger role for Independent Fiscal Institutions, which draws essentially on the Fiscal Compact’s common principles proposed by the Commission28 in accordance with Article 3(2) of the TSCG. The analysis of expenditure net of discretionary revenue measures for the overall assessment of compliance required by the Fiscal Compact is set out in this Regulation. As in the Fiscal Compact, temporary deviations from the medium-term plan are allowed only in exceptional circumstances in this Regulation. In a similar vein to the Fiscal Compact, in case of significant deviations from the medium-term plan, measures should be implemented to correct the deviations over a defined period of time. The package strengthens fiscal surveillance and enforcement procedures to deliver on the commitment of promoting sound and sustainable public finances and sustainable and inclusive growth. The economic governance framework reform, thus, retains the fundamental objectives of budgetary discipline and debt sustainability set out in the TSCG. _________________ 27 Treaty on Stability, Coordination and Governance in the Economic and Monetary Union of 2 March 2012. 28 Communication COM(2012) 342 final of 20 June 2012 from the Commission ‘Common principles on national fiscal correction mechanisms.
2023/10/26
Committee: ECON
Amendment 301 #

2023/0138(COD)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation sets out rules ensuring effective coordination of economic policies of the Member States, thereby supporting the achievement of the Union’s objectives for sustainable and inclusive growth and quality employment.
2023/10/26
Committee: ECON
Amendment 311 #

2023/0138(COD)

Proposal for a regulation
Article 1 – paragraph 2
It lays down detailed rules concerning the content, submission, assessment and monitoring of national medium-term fiscal- structural plans in line with the economic, social and sustainability objectives of the EU as part of multilateral budgetary surveillance by the Council and the Commission so as to promote debt sustainability and, sustainable and inclusive growth and resilience in the Member States and prevent the occurrence of excessive government deficits, by medium- term planning, while ensuring the necessary investments that bring progress towards EU common priorities, as defined in this article.
2023/10/26
Committee: ECON
Amendment 320 #

2023/0138(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
(2) ‘net expenditure’ means government expenditure net of interest expenditure, national expenditure on co- financing of programmes funded by the Union, discretionary revenue measures and other budgetary variables outside the control of the government as set out in Annex II, point (a), and government investment expenditure allocated in line with Article 11(1a) and (1b);
2023/10/26
Committee: ECON
Amendment 345 #

2023/0138(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘annual progress report’ means the document of a Member State reporting on the implementation of the net expenditure path, and of the reforms and investment commitments and advancements in achieving social progress and sustainability objectives included in its national medium-term fiscal-structural plan;
2023/10/26
Committee: ECON
Amendment 351 #

2023/0138(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7
(7) ‘adjustment period’ means the period of time over which the fiscal adjustment of a Member State takes place, covering a minimum adjustment period of 4 yearscommensurate to the length of the national legislative term and extended by a maximum of 3 years, that corresponds to the planning horizon of the national medium-term fiscal- structural plan and its possible extension;
2023/10/26
Committee: ECON
Amendment 356 #

2023/0138(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 9
(9) ‘structural balance’ means the cyclically adjusted general government balance net of temporary measures;deleted
2023/10/26
Committee: ECON
Amendment 359 #

2023/0138(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
(9 a) ‘residual value’ of a public asset is the estimated amount to be currently obtained from disposal of that asset, after deducting the estimated costs of disposal, if the asset were already of the age and in the condition expected at the end of its useful life;
2023/10/26
Committee: ECON
Amendment 360 #

2023/0138(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 9 b (new)
(9 b) ‘useful life’ means the period over which a public asset is expected to be available for use;
2023/10/26
Committee: ECON
Amendment 362 #

2023/0138(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10
(10) ‘structural primary balance’ means the cyclically adjusted general government balance net of temporary measures and net of interest expenditure.deleted
2023/10/26
Committee: ECON
Amendment 368 #

2023/0138(COD)

Proposal for a regulation
Article 3 – paragraph 1
In order to ensure closer coordination of economic policies and sustained convergence of the economic, and environmental social performance of the Member States and progress towards the achievement of common EU policy priorities, the Council and the Commission shall conduct multilateral surveillance within the European Semester in accordance with the objectives and requirements set out in the TFEU. Multilateral surveillance shall rely on high quality and independent statistics, produced in accordance with the principles laid down in Regulation (EC) No 223/2009 of the European Parliament and of the Council.
2023/10/26
Committee: ECON
Amendment 380 #

2023/0138(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) the formulation, and the surveillance of the implementation, of the broad guidelines for the economic policies of the Member States and of the Union in accordance with Article 121(2) TFEU, of country-specific recommendations and of the recommendation on the economic policy of the euro area, including with regard to the achievement of the EU Green Deal;
2023/10/26
Committee: ECON
Amendment 384 #

2023/0138(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b
(b) the formulation, and the surveillance of the implementation, of the employment guidelines that are to be taken into account by Member States in accordance with Article 148(2) TFEU, including the surveillance of the implementation of the European Pillar of Social Rights and its headline targets, and of the related country-specific recommendations, related analysis in country reports as well as social convergence reports under the Social Convergence Framework;
2023/10/26
Committee: ECON
Amendment 399 #

2023/0138(COD)

Proposal for a regulation
Article 3 – paragraph 2 a (new)
Member States shall incorporate the following EU policy objectives into the design, implementation and evaluation of their national budgetary frameworks: (a) combating climate change; (b) halting and reversing the decline of biodiversity; (c) promoting equality between women and men as well as rights and equal opportunities for all; (d) promoting the digital transition; (e) implementing the United Nations Sustainable Development Goals.
2023/10/26
Committee: ECON
Amendment 400 #

2023/0138(COD)

Proposal for a regulation
Article 3 – paragraph 2 b (new)
As part of the European Semester, Member states shall set targets in line with national and EU legal requirements related to the policy objectives under paragraph 1a and report on the performance of their national budgetary frameworks towards these targets. Such reporting shall entail the identification of relevant expenditure and revenue items and rely on output, results and impact indicators. Indicators shall be duly aligned with the ‘do no significant harm’ principle in the meaning of Article 13(2) (iiia) and (iiib) and ‘digital by default’ principle.
2023/10/26
Committee: ECON
Amendment 402 #

2023/0138(COD)

Proposal for a regulation
Article 3 – paragraph 2 c (new)
The Commission shall be empowered to adopt delegated acts pursuant to Article 33 at least every 3 years to specify the indicators for tracking the performance of national budgets towards these EU policy objectives.
2023/10/26
Committee: ECON
Amendment 408 #

2023/0138(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Where necessary, following the assessment pursuant to this Regulation of the medium-term fiscal-structural plans, the annual progress reports and the socio- economic situation of the Member States concerned, the Council shall, on the basis of recommendations from the Commission, address recommendations to those Member States making full use of the legal instruments provided in Articles 121 and 148 TFEU and related secondary legislation. The Commission recommendations shall also identify relevant measures to be taken in case of insufficient progress towards achieving applicable targets under Article 3.
2023/10/26
Committee: ECON
Amendment 414 #

2023/0138(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point b a (new)
(b a) a recommendation by the Council pursuant to Article 9 or Article 148 TFEU, the implementation of the principles of the European Pillar of Social Rights, or reflecting the outcomes of the Social Convergence Framework;
2023/10/26
Committee: ECON
Amendment 443 #

2023/0138(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) at the end of the adjustment period, the public debt ratio is put or remains on a plausibly downward path, or stays at prudenton sustainable levels;
2023/10/26
Committee: ECON
Amendment 450 #

2023/0138(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) at the end of the adjustment period, the government deficit is brought and maintained below the 3% of GDP reference value or is put on a plausibly downward path towards the reference value;
2023/10/26
Committee: ECON
Amendment 463 #

2023/0138(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) the fiscal adjustment effort over the period of the national medium-term fiscal- structural plan is at least proportional to the total effort over the entiris not postponed towards the final years of the adjustment period;
2023/10/26
Committee: ECON
Amendment 469 #

2023/0138(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) the public debt ratio at the end of the planning horizon is below the public debt ratio in the year before the start of the technical trajectory; andeleted
2023/10/26
Committee: ECON
Amendment 494 #

2023/0138(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e
(e) national net expenditure growth remains below medium-term output growth, on average, as a rule over the horizon of the plan.deleted
2023/10/26
Committee: ECON
Amendment 530 #

2023/0138(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point c
(c) the technical trajectory, if required under Article 5, and the corresponding structural primary balance.
2023/10/26
Committee: ECON
Amendment 537 #

2023/0138(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. For Member States having a government deficit below the 3% of GDP reference value and public debt below the 60% of GDP reference value, the Commission shall provide technical information regarding the structural primary balance necessary to ensure that the headline deficit is maintained below the 3% of GDP reference value without any additional policy measures over a 10-year period after the end of the national medium-term fiscal-structural plancompromising the need to fill the investment gaps for the Member State concerned to achieve the common priorities as set out in Article 1.
2023/10/26
Committee: ECON
Amendment 550 #

2023/0138(COD)

Proposal for a regulation
Article 8 – title
Assessment of plausibility and debt sustainability analysis
2023/10/26
Committee: ECON
Amendment 553 #

2023/0138(COD)

Proposal for a regulation
Article 8 – paragraph 1
To assess plausibility that the projected public debt ratio of the Member State concerned is on a downward path or remains at a prudent level, tat sustainable levels, the Commission shall use a debt sustainability analysis (DSA) applying deterministic scenarios and stochastic analyses on relevant risks. The Commission shall use thein its methodology referred to in Annex V. The Commission shall make public its analysis of plausibility and the underlying data: (a) consider relevant factors including the future evolution of sustainable growth, interest rates, the level of inflation, liquidity risks, the composition of the public debt stock; (b) assess the impact of reforms and investments underpinning the national medium-term fiscal-structural plans on debt sustainability duly accounting for the size of fiscal multipliers; (c) determine the existence of contingent liabilities and climate-related fiscal risks and the positive impact of climate mitigation and adaptation expenditure on the debt ratio under medium- and long- term projections; (d) use inputs to growth estimations aligned with full capacity utilisation in the labour market.
2023/10/26
Committee: ECON
Amendment 563 #

2023/0138(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
The Commission shall be supported by a new dedicated DSA working group composed of experts appointed by the Member States, the European Parliament, the Commission, and the European Fiscal Board.
2023/10/26
Committee: ECON
Amendment 566 #

2023/0138(COD)

Proposal for a regulation
Article 8 – paragraph 1 b (new)
By 12 months after the entry into force of this Regulation, the Commission shall adopt delegated acts in accordance with Article 33 to supplement this Regulation by defining the methodology for debt sustainability analysis and the methodology for the assessment of plausibility as referred to in paragraph 1. Delegated acts shall be sufficiently detailed in the disclosure of models and ranges of variables and assumptions as to enable replicability of the debt sustainability analyses.
2023/10/26
Committee: ECON
Amendment 576 #

2023/0138(COD)

Each Member State shall submit to the Council and to the Commission a national medium-term fiscal-structural plan before end-April following the entry into force of this Regulation. The Member State concerned and the Commission may agree to extend this deadline by a reasonable period if necessary. It shall ensure debate of the draft national medium-term fiscal-structural plan in its national parliament before submission, and enable social partners, civil society organisations and other relevant stakeholders opportunities to participate in the preparation of the national medium-term fiscal structural plans. Each Member State shall attach to the submission of such documents to the Commission a summary of the format and outcome of these consultations.
2023/10/26
Committee: ECON
Amendment 602 #

2023/0138(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
1. The national medium-term fiscal- structural plan shall provide the information listed in Annex II. In particular, it shall present a net expenditure trajectory covering a period of at least 4 yearsthe length of the national legislative a period or in case of extension up to 3 more years in accordance with Article 13, as well as the underlying macroeconomic assumptions and the planned fiscal-structural measures in order to demonstrate compliance with the requirements of Article 12. 1a. For the purposes of this Regulation and Regulation (EC) No 1467/97, government expenditure incurred in the acquisition of a public asset less the residual value of that asset shall be allocated over its useful life in the Member State's net expenditure trajectory. 1b. The first paragraph shall apply only on government investment expenditure addressing common Union priorities referred to in Annex VI and national co- financing under EU programmes as well as comply with the criteria under Article 13(2), points (iiia) and (iiib), and Annex VIa. 1c. The Commission shall be empowered to adopt delegated acts pursuant to Article 33 to supplement this Regulation by specifying the methodology of allocating government expenditure under paragraph 1a including useful life estimates for different categories of assets. The Commission shall regularly and at least every five years review this methodology and, where appropriate, amend the delegated acts adopted in accordance with this Regulation in line with scientific and technological developments.
2023/10/26
Committee: ECON
Amendment 612 #

2023/0138(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
The national medium-term fiscal-structural plan shall also describe the actions of the Member State concerned to address the country-specific recommendations, including those that are relevant for the Macroeconomic Imbalances Procedure, challenges identified in country reports and social convergence reports under the Social Convergence Framework, and the warnings by the Commission, where applicable, or the recommendations by the Council, where applicable, made pursuant to Article 121(4) TFEU, Article 148 TFEU, and the implementation of the European Pillar of Social Rights and addressing insufficient progress towards achieving targets in line with EU policy objectives under Article 3.
2023/10/26
Committee: ECON
Amendment 655 #

2023/0138(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point b
(b) explain how it will ensure the delivery of investment and reforms responding to the main challenges identified within the European Semester, in the country-specific recommendations, correct the identified macroeconomic imbalances under the Macroeconomic Imbalances Procedure if applicable, and address the common priorities of the Union referred to in Annex VI of this Regulation, including the European Green Deal, European Pillar of Social Rights and the Digital Decade while being consistent with the updated National Energy and Climate Plans and the National Digital Decade Roadmaps, as well as detail the targets and the performance of national budgetary frameworks towards EU policy objectives in line with Article 3;
2023/10/26
Committee: ECON
Amendment 662 #

2023/0138(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point b a (new)
(b a) assess the national public and private investment gaps that need to be filled to achieve the common priorities listed in Annex VI;
2023/10/26
Committee: ECON
Amendment 701 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – introductory part
The set ofEach of the reforms and investment commitments shall fulfil, taken altogether,all of the following criteria:
2023/10/26
Committee: ECON
Amendment 705 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point i
(i) be growth enhancingenhance resilience;
2023/10/26
Committee: ECON
Amendment 712 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point ii
(ii) support fiscal sustainability;deleted
2023/10/26
Committee: ECON
Amendment 722 #

2023/0138(COD)

(iii) address at least one of the common priorities of the Union referred to in Annex VI;
2023/10/26
Committee: ECON
Amendment 724 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point iii a (new)
(iii a) not cause significant harm to any of the environmental objectives set out in Article 9 of Regulation (EU) 2020/852 in accordance with Article 17 and the delegated acts adopted pursuant to Article 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of that Regulation;
2023/10/26
Committee: ECON
Amendment 725 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point iii b (new)
(iii b) not relate to economic activities listed in Annex VIa;
2023/10/26
Committee: ECON
Amendment 726 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point iii c (new)
(iii c) be sufficiently detailed, front- loaded, time-bound and verifiable.
2023/10/26
Committee: ECON
Amendment 727 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point iv
(iv) address relevant country-specific recommendations addressed to the Member State concerned, including, where applicable, recommendations issued under the Macroeconomic Imbalances Procedure;deleted
2023/10/26
Committee: ECON
Amendment 734 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point v
(v) ensure that the overall level of nationally financed public investment over the lifetime of the national medium- term fiscal-structural plan is higher than the medium-term level before the period of that plan.deleted
2023/10/26
Committee: ECON
Amendment 743 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 2 a (new)
2 a. The set of reforms and investment shall, taken together: (i) support fiscal sustainability; (ii) address relevant country-specific recommendations addressed to the Member State concerned, including, where applicable, recommendations issued under the macroeconomic imbalances procedure and social convergence framework under Article 148 TFEU;
2023/10/26
Committee: ECON
Amendment 744 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. Each of the reform and investment commitments underpinning an extension of the adjustment period shall be sufficiently detailed, front-loaded, time- bound and verifiable.deleted
2023/10/26
Committee: ECON
Amendment 757 #

2023/0138(COD)

Proposal for a regulation
Article 13 – paragraph 5
5. The assessment of whether the set of reforms and investment commitments fulfil the criteria set out in paragraph 2 and of whether each of the reform and investment commitment fulfil the conditions set out in paragraph 3 shall be carried out in accordance with the assessment framework set out in Annex VII.
2023/10/26
Committee: ECON
Amendment 786 #

2023/0138(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. Taking into account the past adjustment of the Member State concerned or the lack thereof, the new technical trajectory shall not allow backloadingthe postponement of the fiscal adjustment effort and shall not lead to a lower fiscaltowards the last years of the adjustment effortperiod.
2023/10/26
Committee: ECON
Amendment 809 #

2023/0138(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a
(a) whether the national medium-term fiscal-structural plan ensures that public debt is put or kept on a plausibly downward path or on sustainable levels by the end of the adjustment period at the latest, or stays at prudent levels;
2023/10/26
Committee: ECON
Amendment 818 #

2023/0138(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point b
(b) whether the government deficit is maintainedbrought below the 3% of GDP reference value throughout the duration of the plan or whether the government deficit returns swiftly below the 3% of GDPor is put on a plausibly downward path towards the reference value at the latest by the end of the adjustment period when the deficit is above this reference value at the time of submission of the national medium-term fiscal-structural plan;
2023/10/26
Committee: ECON
Amendment 829 #

2023/0138(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point d
(d) whether the fiscal adjustment effort over the period of the national medium- term fiscal-structural plan is at least proportional to the total effort over the entiris not postponed towards the final years of the adjustment period;
2023/10/26
Committee: ECON
Amendment 837 #

2023/0138(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point e
(e) whether for the years that the Member State concerned is expected to have a deficit above the 3% of GDP reference value, and the excess is not close and temporary, the fiscal adjustment is consistent with the benchmark referred to under Article 3 of Council Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure as amended by Regulation [X]; andeleted
2023/10/26
Committee: ECON
Amendment 843 #

2023/0138(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point f
(f) whether the public debt ratio at the end of the planning horizon is below the public debt ratio in the year before the start of the technical trajectory.deleted
2023/10/26
Committee: ECON
Amendment 871 #

2023/0138(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point a a (new)
(a a) whether the expenditure benefitting from the treatment under Article 11(1a) meets the eligibility conditions under Article 11(1b);
2023/10/26
Committee: ECON
Amendment 884 #

2023/0138(COD)

Proposal for a regulation
Article 16 – paragraph 1
The Council, on a recommendation from the Commission, shall adopt a recommendation setting the net expenditure path of the Member State concerned and, if applicable, endorsing the set of reform and investment commitments underpinning an extension of the adjustment period and the allocation of investment expenditure over the life-cycle of incurred assets included in its national medium-term fiscal-structural plan within four weeks of the adoption of the Commission recommendation as a rule.
2023/10/26
Committee: ECON
Amendment 927 #

2023/0138(COD)

Proposal for a regulation
Article 20 – paragraph 3 a (new)
3 a. The annual progress report referred to in paragraph 1 shall also contain an assessment of the national public and private investment gaps for the achievement of the common priorities listed in Annex VI.
2023/10/26
Committee: ECON
Amendment 956 #

2023/0138(COD)

Proposal for a regulation
Article 22 – paragraph 1 a (new)
National independent fiscal institutions shall also, as part of their contribution to the report referred to in Article 20, provide an assessment of the national public and private investment gaps that need to be filled to achieve the common priorities listed in Annex VI.
2023/10/26
Committee: ECON
Amendment 957 #

2023/0138(COD)

Proposal for a regulation
Article 22 – paragraph 1 b (new)
The Commission shall establish the European Advisory Fiscal Board (EFB) as an independent expert group, with the aim to provide advisory role for the purpose of the Union’s economic policy coordination.
2023/10/26
Committee: ECON
Amendment 976 #

2023/0138(COD)

Proposal for a regulation
Article 24 – paragraph 1
On a recommendation from the Commission, the Council may adopt a recommendationThe Commission may recommend that the Council allowings Member States to deviate from their net expenditure path, in the event of a severe economic downturn in the euro area or the Union as a whole, provided it does not endanger fiscal sustainability in the medium term. The Council shall specify a time-limit for such deviatspecifying a time limit for such deviation. The deviation shall not endanger fiscal sustainability in the medium term. The Commission recommendation shall be deemed to be adopted unless the Council decides by qualified majority to reject the recommendation within 10 days from the adoption of such a recommendation by the Commission.
2023/10/26
Committee: ECON
Amendment 987 #

2023/0138(COD)

Proposal for a regulation
Article 24 – paragraph 3
The Council, on a recommendation from the Commission, may extend the period during which Member States may deviate from the net expenditure paths, provided that the severe economic downturn in the euro area or the Union as a whole persists. An extension may be granted more than once. However, each extension shall be for an additional period of one year at mostThe Commission recommendation under this paragraph shall be deemed to be adopted unless the Council decides by qualified majority to reject the recommendation within 7 days from the adoption of such a recommendation by the Commission. An extension may be granted more than once.
2023/10/26
Committee: ECON
Amendment 991 #

2023/0138(COD)

Proposal for a regulation
Article 25 – title
Exceptional circumstances outside the control of the Member State leading to a majorand cyclical conditions adversely impact oning the public finances of the Member State concerned
2023/10/26
Committee: ECON
Amendment 993 #

2023/0138(COD)

Proposal for a regulation
Article 25 – paragraph 1
On a recommendation from the Commission, the Council may adopt a recommendationThe Commission may recommend that the Council allowings a Member State to deviate from its net expenditure path where exceptional circumstances outside the control of the Member State lead to a majorr cyclical conditions adversely impact on the public finances of the Member State concerned, provided it does not endanger fiscal sustainability in the medium term. The Council shall specify a time-limit for such a deviatspecifying a time limit for such deviation. The deviation shall not endanger fiscal sustainability in the medium term. The Commission recommendation shall be deemed to be adopted unless the Council decides by qualified majority to reject the recommendation within 10 days from the adoption of such a recommendation by the Commission.
2023/10/26
Committee: ECON
Amendment 1004 #

2023/0138(COD)

Proposal for a regulation
Article 25 – paragraph 2
The Council, on a recommendation from the Commission, may extend the period during which the Member State may deviate from the net expenditure path, provided that the exceptional circumstances persist. An extension may be granted more than once. However, each extension shall be for anor cyclical conditions persist. The Commission recommendation under this paragraph shall be deemed to be adopted unless the Council decides by qualified majority to reject the recommendation within 7 days from the addioptional period of one year at most of such a recommendation by the Commission. An extension may be granted more than once.
2023/10/26
Committee: ECON
Amendment 1017 #

2023/0138(COD)

Proposal for a regulation
Article 26 – paragraph 2 a (new)
The President of the Eurogroup shall attend a quarterly Economic Dialogue, four times per year, to be held in the competent committee of the European Parliament.
2023/10/26
Committee: ECON
Amendment 1044 #

2023/0138(COD)

Proposal for a regulation
Article 33 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3, 8, 11(1a) and 32 shall be conferred for an indeterminate period of time from XXX.
2023/10/26
Committee: ECON
Amendment 1046 #

2023/0138(COD)

Proposal for a regulation
Article 33 – paragraph 3
3. The delegations of power referred to in Articles 3, 8, 11(1a) and 32 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2023/10/26
Committee: ECON
Amendment 1048 #

2023/0138(COD)

Proposal for a regulation
Article 33 – paragraph 4
4. Before adopting a delegated act, the Commission shall conduct a public consultation and consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
2023/10/26
Committee: ECON
Amendment 1049 #

2023/0138(COD)

Proposal for a regulation
Article 33 – paragraph 6
6. A delegated act adopted pursuant to Articles 3, 13, 11(1a) and 32 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of one month of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.
2023/10/26
Committee: ECON
Amendment 1056 #

2023/0138(COD)

Proposal for a regulation
Article 35 – paragraph 2
2. When the Member State concerned is a Member State whose currency is the euro or a Member State that is participating in ERM2, the Commission may invite representatives of the European Central Bank, if appropriate, to participate in surveillance missions.deleted
2023/10/26
Committee: ECON
Amendment 1065 #

2023/0138(COD)

(a) the effectiveness of this Regulation, particularly whether the provisions governing decision-making have proved sufficiently efficient in ensuring a downward path for public debt ratiosthe interest rate burden of public debt measured as percentage of GDP, or maintaining them at prudent levels in accordance with the relevant Council recommendations;
2023/10/26
Committee: ECON
Amendment 1069 #

2023/0138(COD)

Proposal for a regulation
Article 36 – paragraph 2 – point b a (new)
(b a) the progress in closing the investment gap in the pursuit of the EU policy priorities set out in Annex VI.
2023/10/26
Committee: ECON
Amendment 1072 #

2023/0138(COD)

Proposal for a regulation
Article 38 – paragraph 2
This Regulation shall be binding in its entirety and directly applicable in all Member States following the entry into force of a legal framework that establishes a European Investment Capacity that supports Member States in responding to the climate emergency and fulfilling the European Green Deal objectives by addressing related investment gaps. Such capacity shall be of a size of at least 1% of EU GDP and empowered to provide non repayable financial support to Member States through recourse to financial markets. During the period between the entry into force and the date of application of this Regulation, the general escape clause allowing for an orderly deviation from the requirements for all Member States as set out in Articles 5(1), 6(3), 9(1) and 10(3) of Regulation (EC) 1466/97 and Articles 3(5) and 5(2) of Regulation (EC) 1467/97 shall remain applicable.
2023/10/26
Committee: ECON
Amendment 1082 #

2023/0138(COD)

Proposal for a regulation
Annex I – paragraph 1 – point a
(a) by the end of the adjustment period, at the latest, the 10-year debt trajectory in the absence of further budgetary measures is on a plausibly downward path or stays at prudenton sustainable levels;
2023/10/26
Committee: ECON
Amendment 1086 #

2023/0138(COD)

Proposal for a regulation
Annex I – paragraph 1 – point b
(b) by the end of the adjustment period, the government deficit is brought and maintained below the 3% of GDP reference value in the absence of further budgetary measures over the same 10- year periodor on a plausibly downward path towards the reference value;
2023/10/26
Committee: ECON
Amendment 1088 #

2023/0138(COD)

Proposal for a regulation
Annex I – paragraph 1 – point c
(c) for the years that the Member State concerned is expected to have a deficit above the 3% of GDP reference value, and the excess is not close and temporary, the technical trajectory is also consistent with the benchmark referred to under Article 3 of Council Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure as amended by Regulation [X];deleted
2023/10/26
Committee: ECON
Amendment 1092 #

2023/0138(COD)

Proposal for a regulation
Annex I – paragraph 1 – point d
(d) the adjustment effort is not postponed towards the final years of the adjustment period, that is to say the fiscal adjustment effort over the period of the national medium-term fiscal-structural plan is at least proportional to the total effort over the entire adjustment period;
2023/10/26
Committee: ECON
Amendment 1096 #

2023/0138(COD)

Proposal for a regulation
Annex I – paragraph 1 – point e
(e) the public debt ratio at the end of the planning horizon is below the public debt ratio in the year before the start of the technical trajectory; andeleted
2023/10/26
Committee: ECON
Amendment 1099 #

2023/0138(COD)

Proposal for a regulation
Annex I – paragraph 1 – point f
(f) national net expenditure growth remains below medium-term output growth, on average, as a rule over the horizon of the plan.deleted
2023/10/26
Committee: ECON
Amendment 1105 #

2023/0138(COD)

Proposal for a regulation
Annex II – paragraph 1 – point c
(c) The projected path of the public debt ratio as well as of the development of the interest rate burden from the public debt measured as a percentage of GDP and the structure of the bondholders with particular attention to the percentage of bondholders outside of the euro area.
2023/10/26
Committee: ECON
Amendment 1113 #

2023/0138(COD)

Proposal for a regulation
Annex II – paragraph 1 – point f a (new)
(f a) An overview of all direct and indirect subsidies, benefiting economic activities under Annex VIa as well as a plan to phase out such subsidies at the latest by the end of the adjustment period.
2023/10/26
Committee: ECON
Amendment 1120 #

2023/0138(COD)

Proposal for a regulation
Annex II – paragraph 1 – point j
(j) Total public investment expenditure, as well as reforms and public investment expenditure addressing the common priorities of the Union referred to in Annex VI, as well as the public and private investment gap for the implementation of these common priorities.
2023/10/26
Committee: ECON
Amendment 1146 #

2023/0138(COD)

Proposal for a regulation
Annex III – paragraph 1 – point g a (new)
(g a) Progress on the phase out of all direct and indirect subsidies, benefiting economic activities under Annex VIa.
2023/10/26
Committee: ECON
Amendment 1158 #

2023/0138(COD)

Proposal for a regulation
Annex IV – paragraph 1 a (new)
This debit shall be halved by 50 % for all the additional expenditure which arises due to public investment in line with the priorities set out in Annex VI.
2023/10/26
Committee: ECON
Amendment 1160 #

2023/0138(COD)

Proposal for a regulation
Annex V
Methodology to assess plausibility by the Commission The methodology for the assessment of plausibility pursuant to Article 8 is based on the following conditions: — public debt ratio should be declining, or stay at prudent levels, under the deterministic scenarios of the Commission’s medium-term public debt projection framework described in the Debt Sustainability Monitor 2022; — the risk of the public debt ratio not decreasing in the 5 years following the adjustment period of the national medium-term fiscal-structural plan is sufficiently low. The risk is assessed with the help of the Commission’s stochastic analysis.deleted
2023/10/26
Committee: ECON
Amendment 1169 #

2023/0138(COD)

Proposal for a regulation
Annex VI – paragraph 1 – point a
(a) The European Green Deal34 , including the reduction of greenhouse gas emissions by 55% by 2030, the transition to climate neutrality by 205035 and the translation at national level through the National Energy and Climate Plans; _________________ 34 Communication COM(2019) 640 final of 11 December 2019 from the Commission ‘The European Green Deal’ and Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General Union Environment Action Programme to 2030 (OJ L 114, 12.4.2022, p.22). 35 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’).
2023/10/26
Committee: ECON
Amendment 1175 #

2023/0138(COD)

Proposal for a regulation
Annex VI a (new)
Annex VIa Investments and reforms leading to an extension of the adjustment period under Article 13 or qualifying for the treatment under Article 11(1b) shall not relate to any of the following: (a) the exploration, production, processing, distribution, storage or combustion of fossil fuels; (b) the disposal of waste in landfill; (c) installations for the combustion of waste; (d) the decommissioning, operation, adaptation or lifetime extension of nuclear power stations, or the management or storage of nuclear waste; (e) airport infrastructure, except for outermost regions; (f) vehicles equipped with internal combustion engines.
2023/10/26
Committee: ECON
Amendment 1178 #

2023/0138(COD)

Proposal for a regulation
Annex VII – point 2 – paragraph 2 – point 2.1 – introductory part
2.1 The set of reform and investment commitments are growth-resilience enhancing;
2023/10/26
Committee: ECON
Amendment 1179 #

2023/0138(COD)

Proposal for a regulation
Annex VII – point 2 – paragraph 2 – point 2.1 – indent 1
– The set of reform and investment commitments are expected to entailable the Member State, based on credible, well documented and prudent assumptions, a significant boost to the growth potential of the economy of the Member State concerned in a sustainable mannerto withstand economic, social and environmental shocks or persistent structural changes;
2023/10/26
Committee: ECON
Amendment 1180 #

2023/0138(COD)

Proposal for a regulation
Annex VII – point 2 – paragraph 2 – point 2.2 – introductory part
2.2 The set of reform and investment commitments, taken alltogether, support fiscal sustainability;
2023/10/26
Committee: ECON
Amendment 1181 #

2023/0138(COD)

Proposal for a regulation
Annex VII – point 2 – paragraph 2 – point 2.3 – introductory part
2.3 The set of reform and investment commitments address prioritiesat least one of the Union priorities referred to in Annex VI;
2023/10/26
Committee: ECON
Amendment 1182 #

2023/0138(COD)

Proposal for a regulation
Annex VII – point 2 – paragraph 2 – point 2.3 a (new)
2.3 a The set of reform and investment commitments do not cause significant harm to any of the environmental objectives under the Taxonomy Regulation; - The set of reform and investments do not cause significant harm to any of the environmental objectives set out in Article 9 of Regulation (EU) 2020/852 in accordance with Article 17 and the delegated acts adopted pursuant to Article 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of that Regulation and do not relate to economic activities listed in Annex VIa;
2023/10/26
Committee: ECON
Amendment 1184 #

2023/0138(COD)

Proposal for a regulation
Annex VII – point 2 – paragraph 2 – point 2.5
2.5 The set of reform and investment commitments ensure that the overall level of nationally financed public investment over the lifetime of the national medium- term fiscal-structural plan is higher than the medium-term level before to the period of that plan — Whether the planned level of nationally financed public investment over the lifetime of the plan is higher than the medium-term level before to the period of the plan. In addition, each of the reform and investment commitments made by Member States underpinning an extension of the adjustment period should be sufficiently detailed, frontloaded, time- bound, and verifiable. — the description of the reform and investment commitments is clear and sets out the detailed elements of each reform and investment, that allows the Commission to assess the criteria in points 2.1-2.5, including regarding their implementation, and monitoring; — the reforms will be implemented within the plan period; — the investments will be implemented at the latest by the end of the adjustment period; — the national medium-term fiscal- structural plan includes clear and realistic, relevant, and robust indicators allowing to verify progress with effective implementation of the reform and investment commitments.deleted
2023/10/26
Committee: ECON
Amendment 13 #

2023/0137(CNS)

Proposal for a regulation
Recital 5
(5) The economic governance framework of the Union should be adapted to better take into account the growing heterogeneity of fiscal positions, sustainability risks and other vulnerabilities across Member States. The strong policy response to the COVID-19 pandemic proved effective in mitigating the economic and social damage of the crisis, but resulted in a significant increase in public- and private-sector debt ratios, underscoring the importance of reducing debt ratios to prudent levels in a gradual, sustained, resilience-enhancing and growth-friendly manner and addressing macroeconomic imbalances, while paying due attention to employment and social objectives. At the same time, the economic governance framework of the Union should be adapted to help address the medium- and long-term challenges facing the Union, including achieving a fair digital and green transition, including the Climate Law22 , ensuring energy security, open strategic autonomy, addressing demographic change, strengthening social and economic resilience, and implementing the strategic compass for security and defence, all of which requires reforms and sustained high levels of investment in the years to come. __________________ 22 The European Climate Law sets a Union-wide climate neutrality objective by 2050 and requires Union institutions and Member States to progress in enhancing adaptive capacity, requiring significant public investment to reduce the negative socio-economic impacts of climate change on the EU and its Member States, including negative impacts on growth and fiscal sustainability.
2023/10/25
Committee: ECON
Amendment 16 #

2023/0137(CNS)

Proposal for a regulation
Recital 6
(6) The economic governance framework of the Union should put debt sustainability and, sustainable growth and resilience at its core and therefore differentiate between Member States by taking into account their public debt challenges and allowing country-specific fiscal trajectories.
2023/10/25
Committee: ECON
Amendment 30 #

2023/0137(CNS)

Proposal for a regulation
Recital 11
(11) On the basis of Article 126(2) TFEU, the deficit criterion is also fulfilled where the excess over the reference value of 3 % of GDP is only exceptional and temporary and the ratio remains close to the reference value. Therefore, a temporary breach that remains close to the reference value should not lead to the opening of a deficit-based EDP if it results from exceptional circumstances outside the control of the government with a majorr cyclical conditions that adversely impact on the public finances of the Member State concerned, which includes a severe economic downturn in the Member State concerned.
2023/10/25
Committee: ECON
Amendment 34 #

2023/0137(CNS)

Proposal for a regulation
Recital 13
(13) In accordance with Articles 24 and 25 of Regulation (EU) [on the preventive arm], the Council, following a recommendation from the Commission, can allow Member States to deviate from the net expenditure path set by the Council under that Regulation in the event of a severe economic downturn in the euro area or the Union as a whole, or in the event of exceptional circumstances outside the control of the government with a majorr cyclical conditions that adversely impact on the public finances of the Member State concerned, provided that it does not endanger fiscal sustainability in the medium term. As a consequence, such a deviation should not lead to the opening of a debt-based EDP.
2023/10/25
Committee: ECON
Amendment 39 #

2023/0137(CNS)

Proposal for a regulation
Recital 14
(14) When assessing the existence of an excessive deficit in accordance with Article 126(3) TFEU, the Commission should take into account, as a key relevant factor, the degree of debt challenge in the Member State concerned. A substantial public debt challenge established according to the most recent Debt Sustainability Monitor shouldmay be considered a key factor leading to the opening of an EDP as a rule. Since, in accordance with Article 126(3) TFEU, the Commission is to take into account all other relevant factors, in so far as they significantly affect the assessment of compliance with the deficit and debt criteria by the Member State concerned, that should include in particular the efforts in addressing climate related fiscal risks and green investment needs, in line with the EU Green Deal and the Union’s climate targets to reduce net greenhouse gas emissions by at least 55% by 2030 and achieve climate neutrality by 2050 at the latest, developments in the medium-term economic position and the developments in the medium-term budgetary position, and the implementation of structural reforms and investment. In order to increase national ownership, the independent fiscal institutions referred to in Article 8 of Council Directive [on the national budgetary frameworks]24 , should provide an opinion on the relevant factors. __________________ 24 Council Directive […] of […] [amending Council Directive 2011/85/EU on requirements for budgetary frameworks of the Member States] (OJ L …, …, p….).
2023/10/25
Committee: ECON
Amendment 45 #

2023/0137(CNS)

Proposal for a regulation
Recital 16
(16) The corrective net expenditure path under the EDP should bring or keep the general government deficit durably below the reference value of 3 % of GDP referred to in Article 126(2) TFEU and Protocol No 12 by the deadline established by the Councilor put the general government deficit on a plausibly downward path towards the 3% of GDP reference value. The corrective net expenditure path under the EDP should also ensure sufficient progress during the period covered by the recommendation regarding putting the projected debt ratio on a plausibly downward path or remaining at a prudenta sustainable level. When setting the corrective net expenditure path under the EDP, the Council should also ensure that there is no back-loading of the required fiscal adjustment effort. The corrective net expenditure path under the EDP would in principle be the one originally set by the Council, while taking into account the need to correct the deviation from that path. In case the original path is no longer feasible, due to objective circumstances, the Council should be able to set a different path under the EDP.
2023/10/25
Committee: ECON
Amendment 55 #

2023/0137(CNS)

Proposal for a regulation
Recital 20
(20) Clear conditions should be laid down for aAbrogation of excessive deficit procedures. Abrogation should require should in particular take place when the deficit to remains credibly below the reference value of 3 % of GDP referred to in Article 126(2) TFEU and Protocol No 12 and, for a debt-based EDP, thatwhen the Member State demonstrates compliance with the net expenditure path under the EDP.
2023/10/25
Committee: ECON
Amendment 60 #

2023/0137(CNS)

Proposal for a regulation
Recital 23
(23) This Regulation is part of a package together with Regulation (EU) [on the preventive arm] and Directive (EU) […] amending 2011/85/EU on requirements for budgetary frameworks of the Member States. Together, they establish a reformed Union economic governance framework that incorporates into Union law the substance of Title III ‘Fiscal Compact’ of the Treaty on Stability, Coordination and Governance (TSCG) in the Economic and Monetary Union25 , in accordance with Article 16 thereof. By building on the experience with the implementation of the TSCG by the Member States, the package retains the Fiscal Compact’s medium- term orientation as a tool to achieve budgetary discipline and growth promotion. The package includes a strengthened country-specific dimension aimed at enhancing national ownership, including by means of a stronger role for independent fiscal institutions, which draws on the Fiscal Compact’s common principles proposed by the Commission26 in accordance with Article 3(2) of the TSCG. The analysis of expenditure net of discretionary revenue measures for the overall assessment of compliance required by the Fiscal Compact is set out in Regulation (EU) [on the preventive arm]. As in the Fiscal Compact, temporary deviations from the medium-term plan are allowed only in exceptional circumstances in Regulation (EU) [on the preventive arm]. Similarly, in case of significant deviations from the medium-term plan, measures should be implemented to correct the deviations over a defined period of time. The package strengthens fiscal surveillance and enforcement procedures to deliver on the commitment of promoting sound and sustainable public finances and sustainable growth. The economic governance framework reform, thus, retains the fundamental objectives of budgetary discipline and debt sustainability set out in the TSCG. __________________ 25 Treaty on Stability, Coordination and Governance in the Economic and Monetary Union of 2 March 2012. 26 Communication COM(2012) 342 final of 20 June 2012 from the Commission ‘Common principles on national fiscal correction mechanisms’.
2023/10/25
Committee: ECON
Amendment 74 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 1 – paragraph 2 – point b
(b) ‘net expenditure’ means government expenditure net of interest expenditure, discretionary revenue measures and other budgetary variables outside the control of the government, as defined in Annex II, point (a) of Regulation (EU) of the European Parliament and of the Council [on the preventive arm]*;
2023/10/25
Committee: ECON
Amendment 79 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 1 – paragraph 2 – point d a (new)
(da) 'corrective net expenditure path' means the multi-annual trajectory for net expenditure as requested by the Council under Articles 3 and 5 of this Regulation following a decision on the existence of excessive deficit and defined in accordance with Regulation (EU) [on the preventive arm] ;
2023/10/25
Committee: ECON
Amendment 82 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 2 – paragraph 1
The excess of a government deficit over the reference value shall be considered exceptional, in accordance with Article 126(2), second indent, point (a), of the Treaty on the Functioning of the European Union (TFEU), where the Council has established the existence of a severe economic downturn in the euro area or the Union as a whole in accordance with Article 24 of Regulation (EU) [on the preventive arm] or of exceptional circumstances outside the control of the government with a majorr cyclical conditions that adversely impact on the public finances of the Member State concerned, in accordance with Article 25 of Regulation (EU) [on the preventive arm].
2023/10/25
Committee: ECON
Amendment 86 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 2 – paragraph 1 – subparagraph 2
In addition, the excess over the reference value shall be considered temporary where budgetary forecasts as provided by the Commission indicate that the deficit will fall below the reference value following the end of the severe economic downturn or the exceptional circumstances or cyclical conditions referred to in the first subparagraph.
2023/10/25
Committee: ECON
Amendment 100 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 2 – paragraph 2
2. The Commission and the Council, when assessing and deciding upon the existence of an excessive deficit in accordance with Article 126(3) to (6) TFEU, may consider an excess over the reference value resulting from a severe economic downturn as exceptional in the sense of Article 126(2), second indent, point (a), TFEU where the Council establishes the existence of exceptional circumstances or cyclical conditions in accordance with Article 25 of Regulation (EU) [on the preventive arm].
2023/10/25
Committee: ECON
Amendment 110 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 2 – paragraph 3 – subparagraph 1
The Commission, when preparing a report under Article 126(3) TFEU, shall take into account as a key relevant factor the degree of debt challenges in the Member State concerned. In particular, where the Member State faces substantial public debt challenges according to the most recent Debt Sustainability Monitor, it shall be considered a key factor that may leading to the opening of an excessive deficit procedure as a rule.
2023/10/25
Committee: ECON
Amendment 116 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 2 – paragraph 3 – subparagraph 1 a (new)
The Commission shall equally take into account as a key relevant factor progress by the Member State in addressing climate related fiscal risks and green investments needs, in line with the EU Green Deal and the Union’s climate targets.
2023/10/25
Committee: ECON
Amendment 131 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 2 – paragraph 3 – subparagraph 3 – point c
(c) the evolution of the government debt position andwith a focus on its financing, andnotably interest rate expenditure as a share of GDP, the related risk factors, in particular the maturity structure, the currency denomination of the debt and contingent liabilities, as well as the share of creditors domestic to the euro area;
2023/10/25
Committee: ECON
Amendment 138 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 2 – paragraph 3 – subparagraph 3 – point d
(d) the implementation of reforms and investments including, in particular policies to prevent and correct excessive macroeconomic imbalances, and policies to implement the common growth and employment strategy of the Union, the EU Green Deal, including those supported by NextGenerationEU, measures to be taken in case of insufficient progress towards achieving applicable targets in line with Member States reporting on the performance of their budgetary frameworks under Regulation (EU) [on the preventive arm] and the overall quality of public finances, in particular the effectiveness of national budgetary frameworks.
2023/10/25
Committee: ECON
Amendment 143 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 2 – paragraph 3 – subparagraph 3 – point d a (new)
(da) the quality of investment expenditure in line with the common key policy priorities of the Union in line with Annex VI of Regulation (EU) [on the preventive arm].
2023/10/25
Committee: ECON
Amendment 162 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 2 – paragraph 4 – subparagraph 2
When assessing compliance on the basis of the deficit criterion, if the ratio of the government debt to GDP exceeds the reference value, those factors shall be taken into account in the steps leading to the decision on the existence of an excessive deficit provided for in Article 126(4), (5) and (6) TFEU only if the double condition of the overarching principle — that, before these relevant factors are taken into account, the general government deficit remains close to the reference value and its excess over the reference value is temporary — is fully met.
2023/10/25
Committee: ECON
Amendment 168 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 2 – paragraph 5
5. Where Member States are allowed to deviate from their net expenditure path in the event of a severe economic downturn in the euro area or in the Union as a whole pursuant to Article 24 of Regulation (EU) [on the preventive arm], the Commission and the Council, in their assessment, mayshall decide not to conclude on the existence of an excessive deficit.
2023/10/25
Committee: ECON
Amendment 174 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 2 – paragraph 6
If the Council, acting under Article 126(6) TFEU, decides that an excessive deficit exists in a Member State, the Council and the Commission shall, in the subsequent procedural steps of that Article of the TFEU, take into account the relevant factors referred to in paragraph 3 of this Article, as they affect the situation of the Member State concerned, including as specified in Article 5(2) of this Regulation, in particular in establishing a deadline for the correction of the excessive deficit and eventually extending that deadline. However, those relevant factors shall not be taken into account for the decision of the Council under Article 126(12) TFEU on the abrogation of some or all of its decisions under Article 126(6) to (9) and (11) TFEU.’;
2023/10/25
Committee: ECON
Amendment 177 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1467/97
Article 2a
(1a) Article 2a is replaced by the following: Article 2a 1. In order to enhance the dialogue between the institutions of the Union, in particular the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability, the competent committee of the European Parliament may invite the President of the Council, the Commission and, where appropriate, the President of the European Council or the President of the Eurogroup, to appear before the committee to discuss Council decisions under Article 126(6) TFEU, Council recommendations under Article 126(7) TFEU, notices under Article 126(9) TFEU, or Council decisions under Article 126(11) TFEU. The Council is1a. Where the Council considers to take action under Article 126(6) TFEU, Council recommendations under Article 126(7) TFEU, notices under Article 126(9) TFEU, or Council considers taking decisions under Article 126(11) TFEU, it shall not do so without first obtaining a vote of consent by the competent committee of the European Parliament. The Council and European Parliament are, as a rule, expected to follow the recommendations and proposals of the Commission or explain itstheir position in a publicly hearing. The competent committee of the European Parliament may offer the opportunity to the Member State concerned by such decisions, recommendations or notices to participate in an exchange of views. 2. The Council and the Commission shall regularly inform the European Parliament of the application of this Regulation.
2023/10/25
Committee: ECON
Amendment 184 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 1467/97
Article 3 – paragraph 4 – subparagraph 1
The Council recommendation made in accordance with Article 126(7) TFEU shall establish a maximum deadline of six months for effective action to be taken by the Member State concerned. When warranted by the seriousness of the situation, the deadline for effective action may be three months. The Council recommendation shall also establish a deadline for the correction of the excessive deficit. In its recommendation, the Council shall also request that the Member State implements a corrective net expenditure path, which ensures that the general government deficit remains or is brought and maintained below the reference value within the deadline set in the recommendation. For the years when the general government deficit is expected to exceed the reference value, the corrective net expenditure path shall be consistent with a minimum annual adjustment of at least 0,5% of GDP as a benchmarkbrought below the reference value or is put on a plausibly downward path towards the reference value at the end of the adjustment period.
2023/10/25
Committee: ECON
Amendment 196 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 1467/97
Article 3 – paragraph 4 – subparagraph 2
The corrective net expenditure path shall also put the debt ratio on a plausibly downward path or keep it at a prudenta sustainable level having regard to the criteria established in Annex I of Regulation (EU) [on the preventive arm]. The corrective net expenditure path shall ensure that the average annual fiscal adjustment effort in the first three years is at least as high as the average annual fiscal effortdjustment effort is not postponed towards the final years of the total adjustment period.
2023/10/25
Committee: ECON
Amendment 206 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EC) No 1467/97
Article 3 – paragraph 6
6. Where effective action has been taken in compliance with a recommendation under Article 126(7) TFEU or where exceptional circumstances outside the control of the government with a majorr cyclical conditions that adversely impact on the public finances of the Member State concerned, including on the respect of the corrective net expenditure path recommended by the Council pursuant to paragraph 4 of this Article, occur after the adoption of that recommendation, the Council mayshall decide, on a recommendation from the Commission, to adopt a revised recommendation under Article 126(7) TFEU. The revised recommendation, taking into account the relevant factors referred to in Article 2(3) of this Regulation may, in particular, extend the deadline for the correction of the excessive deficit by one year as a ruleat least one year. In case the Council has established the existence of a severe economic downturn in the euro area or in the Union as a whole in accordance with Article 24 of Regulation (EU) [on the preventive arm], the Council may also decideshall, on a recommendation from the Commission, to adopt a revised recommendation under Article 126(7) TFEU provided that this does not endanger fiscal sustainability in the medium term. The revised recommendation may, in particular, extend the deadline for the correction of the excessive deficit by one year as a rule.at least one year;
2023/10/25
Committee: ECON
Amendment 213 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a
Regulation (EC) No 1467/97
Article 5 – paragraph 1 – subparagraph 1
Any Council decision to give notice to the participating Member State concerned to take measures for the deficit reduction in accordance with Article 126(9) TFEU shall be taken within two months of the Council decision under Article 126(8) TFEU establishing that no effective action has been taken. In the notice, the Council shall request that the Member State implements a corrective net expenditure path which ensures that the general government deficit remains or is brought and maintained below the reference value within the deadline set in the notice. For the years where the general government deficit is expected to exceed the reference value, the corrective net expenditure path shall be consistent with a minimum annual adjustment of at least 0,5% of GDP as a benchmarkis brought below the reference value or is put on a plausibly downward path towards the reference value at the end of the adjustment period.
2023/10/25
Committee: ECON
Amendment 233 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Regulation (EC) No 1467/97
Article 5 – paragraph 2
2. Where effective action has been taken in compliance with a notice under Article 126(9) TFEU or where exceptional circumstances outside the control of the government with majorr cyclical conditions adversely impact on the public finances of the Member State concerned, including on the respect of the corrective net expenditure path referred to in paragraph 1 of this Article, occur after the adoption of that notice, the Council may decide, on a recommendation from the Commission, toshall adopt a revised notice under Article 126(9) TFEU. The revised notice, taking into account the relevant factors referred to in Article 2(3) of this Regulation may, in particular, extend the deadline for the correction of the excessive deficit by one year as a ruleat least one year. In case the Council has established the existence of a severe economic downturn in the euro area or in the Union as a whole in accordance with Article 24 of Regulation (EU) [on the preventive arm], the Council may also decide, on a recommendation from the Commission, to adopt a revised notice under Article 126(9) TFEU, on condition that it does not endanger fiscal sustainability in the medium term. The revised notice may, in particular, extend the deadline for the correction of the excessive deficit by one year as a rule.;
2023/10/25
Committee: ECON
Amendment 240 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1467/97
Article 8 – paragraph 3
3. A Council decision shall only be taken pursuant to Article 126(12) TFEU in particular where budgetary forecasts as provided by the Commission indicate that the deficit has been brought durably below the reference value and, where the excessive deficit procedure was opened on the basis of the debt criterion, the Member State concerned respected the corrective net expenditure path set by the Council in accordance with Article 3(4) or Article 5(1) of this Regulation over the previous 2 years and is projected to continue to do so in the current year on the basis of the Commission forecast.;
2023/10/25
Committee: ECON
Amendment 256 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b a (new)
Regulation (EC) No 1467/97
Article 10a – paragraph 3
3. The Commission may invite representatives of the European Central Bank, if appropriate, to participate in surveillance missions in a Member State whose currency is the euro or which is participating in the Agreement of 16 March 2006 between the European Central Bank and the national central banks of the Member States outside the euro area laying down the operating procedures for an exchange rate mechanism in stage three of Economic and Monetary Union6 (ERM II). __________________ 6. OJ C 73, 25.3.2006, p. 21. (ba) paragraph 3 is deleted. " "
2023/10/25
Committee: ECON
Amendment 259 #

2023/0137(CNS)

Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
(9a) Article 11 is replaced by the following: "Article 11 1. Whenever the Council decides under Article 126(11) TFEU to impose sanctions on a participating Member State, a fine shall, as a rule, be requiredmay be taken where necessary and proportionate. The Council may decide to supplement such a fine by the other measures provided for in Article 126(11) TFEU.Article 12 2. The Council may not take decisions under Article 126(11) TFEU without first obtaining a vote of consent by the competent committee of the European Parliament. 3. Fines or other measures provided for in Article 126(11) TFEU shall not be taken or otherwise shall be suspended as long as the Commission establishes the existence of a severe economic downturn in the euro area or the Union as a whole in accordance with Article 24 of Regulation (EU) [on the preventive arm] or exceptional circumstances or cyclical conditions adversely impacting the public finances of the Member State concerned, in accordance with Article 25 of Regulation (EU) [on the preventive arm]. "
2023/10/25
Committee: ECON
Amendment 8 #

2023/0136(NLE)

Proposal for a directive
Recital 5 a (new)
(5 a) Green budgeting practices pertain to the design, implementation and evaluation of national budgetary frameworks. They involve the collection of reporting data on how revenues integrate the “polluter-pays” principle, and in turn on how expenditures impact both favourably and unfavourably green priorities. Member States should publish the information on how the relevant elements of their budgets contribute to achieving climate and environmental objectives and the methodology used. The latter should rely on relevant targets in line with legal commitments as well as output and impact indicators that measure progress towards these targets. Such practices should be extended to other EU policy objectives including employment, social and distributional aspects and can build on the ongoing work by the European Commission on the performance framework for the EU budget. Member States should publish data and descriptive information separately for expenditure, tax expenditure and revenue items.
2023/10/24
Committee: ECON
Amendment 9 #

2023/0136(NLE)

Proposal for a directive
Recital 7
(7) In order to enhance compliance with the provisions of the TFEU, and to avoid in particular the procedure for excessive government deficit laid down in Article 126 TFEU, there should be specific provisions in the law of the Member States to strengthen national ownership, in accordance with the Commission Communication of 9 November 2022 on orientations for a reform of the EU economic governance framework, beyond those currently required by Directive 2011/85/EU. Building on the evidence of implementation of that Directive, amendments should also cover provisions on transparency and statistics, forecasts and medium-term budgeting to address weaknesses identified during implementationCommission Communication of 9 November 2022 on orientations for a reform of the EU economic governance framework highlighted the need to strengthen debt sustainability and reduce high public debt ratios while promoting through investments sustainable and inclusive growth in all Member States. The key objectives of the orientations are to improve national ownership, simplify the framework and move towards a greater medium-term focus, combined with stronger and more coherent enforcement.
2023/10/24
Committee: ECON
Amendment 10 #

2023/0136(NLE)

Proposal for a directive
Recital 8
(8) This Directive is part of a package together with Regulation (EU) [XXX]22 of the Parliament and of the Council replacing Regulation (EC) No 1466/9723 (the preventive arm of the Stability and Growth Pact) and Council Regulation [XXX]24 amending Council Regulation (EC) No 1467/9725 (the corrective arm of the Stability and Growth Pact). Together, they establish a reformed Union economic governance framework that incorporates into Union law the substance of Title III ‘Fiscal Compact’ of the inter- governmental Treaty on Stability, Coordination and Governance (TSCG) in the Economic and Monetary Union26 , in accordance with Article 16 thereof. Title III is binding on the Member States whose currency is the euro and, on a voluntary basis, on Bulgaria, Denmark and Romania. By building on the experience with the implementation of the TSCG by the Member States, the package retains the Fiscal Compact’s medium- term orientation as a tool to achieve budgetary discipline and growth promotion. The package includes a strengthened country-specific dimension aimed at enhancing national ownership, including by means of a stronger role for independent fiscal institutions, which draws on the Fiscal Compact’s common principles proposed by the Commission27 in accordance with Article 3(2) of the TSCG. The analysis of expenditure net of discretionary revenue measures for the overall assessment of compliance required by the Fiscal Compact is set out in Regulation [XXX] replacing Regulation (EC) No 1466/97. As in the Fiscal Compact, temporary deviations from the medium-term plan are allowed only in exceptional circumstances in Regulation [XXX]replacing Regulation (EC) No 1466/97. Similarly, in case of significant deviations from the medium-term plan, measures should be implemented to correct the deviations over a defined period of time. The package strengthens fiscal surveillance and enforcement procedures to deliver on the commitment of promoting sound and sustainable public finances and sustainable growth. The economic governance framework reform, thus, retains the fundamental objectives of budgetary discipline and debt sustainability set out in the TSCG. __________________ 22 Regulation (EU) of the European Parliament and of the Council of [insert date] [insert full title] (OJ L ..). 23 Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (OJ L 209, 2.8.1997, p. 1). 24 Regulation (EU) of the Council of [insert date] [insert full title] (OJ L ..). 25 Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (OJ L 209, 2.8.1997, p. 6). 26 Treaty on Stability, Coordination and Governance in the Economic and Monetary Union of 2 March 2012. 27 Communication COM(2012) 342 final of 20 June 2012 from the Commission ‘Common principles on national fiscal correction mechanisms’.
2023/10/24
Committee: ECON
Amendment 23 #

2023/0136(NLE)

Proposal for a directive
Recital 14
(14) In order to achieve strengthened responsibility in fiscal policy, fiscal institutions should be composed of members reflecting the diversity of views of various schools of economic thought, have a high degree of operational independence, the necessary resources to perform their tasks and extensive and timely access to necessary information.
2023/10/24
Committee: ECON
Amendment 26 #

2023/0136(NLE)

Proposal for a directive
Recital 15
(15) To improve budgetary planning, due attention should be paid to the macrofiscal risks from climate change and, to the implicationpositive impacts of climate-related policies and conversely to the fiscal costs of climate inaction on public finance over the medium and long term. Understanding the channels through which climate-related shocks affect the economy and public finance is key to national strategies to limit and manage the fiscal risk stemming from climate change and from related disasters.
2023/10/24
Committee: ECON
Amendment 42 #

2023/0136(NLE)

Proposal for a directive Sole Article – Paragraph 1 – point 3 – point a Directive 2011/85/EU
Article 4 – paragraph 1
1. Member States shall ensure that annual and multiannual fiscal planning is based on realistic macroeconomic and budgetary forecasts using the most up-to- date information. Budgetary planning shall be based on the most likely macrofiscal scenario or on a more prudent scenario. The macroeconomic and budgetary forecasts shall be either produced or endorsproduced by independent fiscal institutions established in accordance with Article 8. They shall be compared with the most updated forecasts of the Commission. Significant differences between the macroeconomic and budgetary forecasts of the Member State and the Commission’s forecasts shall be explained, including where the level or growth of variables in external assumptions departs significantly from the values contained in the Commission’s forecasts.
2023/10/24
Committee: ECON
Amendment 58 #

2023/0136(NLE)

Proposal for a directive Sole Article – Paragraph 1 – point 8 Directive 2011/85/EU
Article 8 – paragraph 1
1. Member States shall ensure that independent fiscal institutions, such as structurally independent bodies or bodies endowed with functional autonomy as regards the budgetary authorities of the Member States, or as a unit in the administration of the national parliament, are established by national laws, regulations or binding administrative provisions, and adequately staffed and funded, with resources at least equivalent to the 20% best funded national independent fiscal institutions in the period 2017-2022.
2023/10/24
Committee: ECON
Amendment 59 #

2023/0136(NLE)

Proposal for a directive Sole Article – Paragraph 1 – point 8 Directive 2011/85/EU
Article 8 – paragraph 2
2. The institutions referred to in paragraph 1 shall be composed of members nominated and appointed on the basis of their experience and competence in public finances, macroeconomics or budgetary management, and by means of transparent procedureby national parliaments, ensuring that minority political groups can contribute a significant share of appointments, with members chosen on the basis of their experience and competence in public finances, macroeconomics or budgetary management and areas related to the common priorities set out in annex VI of Regulation (EU) [on the preventive arm], and by means of transparent procedures that involve consultations with social partners, civil society organisations and other relevant stakeholders. Social partners shall also nominate members.
2023/10/24
Committee: ECON
Amendment 62 #

2023/0136(NLE)

Proposal for a directive Sole Article – Paragraph 1 – point 8 Directive 2011/85/EU
Article 8 – paragraph 3 – point b a (new)
(b a) allow for the disclosure of minority and divergent positions in such assessments and opinions;
2023/10/24
Committee: ECON
Amendment 63 #

2023/0136(NLE)

(c) have adequate and stable own resources and staff to carry out their mandate in an effective manner, including any type of analysis within their mandate;
2023/10/24
Committee: ECON
Amendment 64 #

2023/0136(NLE)

Proposal for a directive Sole Article – Paragraph 1 – point 8 Directive 2011/85/EU
Article 8 – paragraph 3 – point e a (new)
(e a) regularly exchange best practices among each other coordinated by the European Advisory Fiscal Board (EFB)
2023/10/24
Committee: ECON
Amendment 67 #

2023/0136(NLE)

Proposal for a directive Sole Article – Paragraph 1 – point 8 Directive 2011/85/EU
Article 8 – paragraph 4 – point a
(a) producing the annual and multiannual macroeconomic and budgetary forecasts underlying the government’s medium-term planning or endorsing those used by the budgetary authorities;
2023/10/24
Committee: ECON
Amendment 74 #

2023/0136(NLE)

Proposal for a directive Sole Article – Paragraph 1 – point 8 Directive 2011/85/EU
Article 8 – paragraph 4 – point b
(b) producing debt sustainability assessments underlying the government’s medium-term planning or endorsing those provided by the budgetary authorities;
2023/10/24
Committee: ECON
Amendment 76 #

2023/0136(NLE)

Proposal for a directive Sole Article – Paragraph 1 – point 8 Directive 2011/85/EU
Article 8 – paragraph 4 – point c
(c) producing assessments on the impacts of policies, including reform and investment commitments under the national medium term fiscal-structural plans, on fiscal sustainability and sustainable and inclusive growth or endorsing those provided by the budgetary authorities;
2023/10/24
Committee: ECON
Amendment 78 #

2023/0136(NLE)

Proposal for a directive Sole Article – Paragraph 1 – point 8 Directive 2011/85/EU
Article 8 – paragraph 4 – point c a (new)
(c a) producing assessments of the public investment needs in order to align fiscal policy with the EU Green Deal and the National Energy and Climate Plans, as well as estimates of the fiscal costs of climate inaction;
2023/10/24
Committee: ECON
Amendment 83 #

2023/0136(NLE)

Proposal for a directive Sole Article – Paragraph 1 – point 8 Directive 2011/85/EU
Article 8 – paragraph 4 – point g
(g) participate in regular hearings and discussions at the national Parliament and be available to provide technical analysis and advice to the national Parliament upon request.
2023/10/24
Committee: ECON
Amendment 87 #

2023/0136(NLE)

Proposal for a directive Sole Article – Paragraph 1 – point 8 Directive 2011/85/EU
Article 8 – paragraph 5
Member States shall ensure that when the budgetary authorities of the Member State concerned comply withdo not follow the assessments or opinions issued by the institutions in the context of the tasks referred to in paragraph 4. Where such budgetary authorities do not comply with those assessments or opinions, they shall publicly justify their decision not to comply within a month from the issuance of such assessments or opinions.
2023/10/24
Committee: ECON
Amendment 92 #

2023/0136(NLE)

Proposal for a directive Sole Article – Paragraph 1 – point 9 – point b – point ii Directive 2011/85/EU
Article 9 – paragraph 2 – point c
(c) a description of medium-term policies, including investment and reforms, envisaged with an impact on general government finances, resilience and sustainable and inclusive growth, broken down by major revenue and expenditure item, showing how the adjustment towards the national budgetary objectives over the medium term as referred to in Article 2, point (e), is achieved compared to projections under unchanged policies.;
2023/10/24
Committee: ECON
Amendment 93 #

2023/0136(NLE)

Proposal for a directive Sole Article – Paragraph 1 – point 9 – point b – point iii Directive 2011/85/EU
Article 9 – paragraph 2 – point d
(d) an assessment as to how in the light of their direct medium-term and long-term impact on general government finances, the policies envisaged are likely to affect the medium-term and long-term sustainability of the public finances, resilience and sustainable and inclusive growth. The assessment shall specify, to the extent possible, the macrofiscal risks from climate change and their environmental and distributional impacts, and the implications on public finance under different scenarios. In particular, it shall duly account for the impact of climate- related mitigation and adaptation policiublic expenditures on public finances over the medium-term and long- term.; The expected economic losses incurred in case climate related adaptation and mitigation expenditures do not materialise or materialise at an insufficiently quick pace shall be equally assessed.
2023/10/24
Committee: ECON
Amendment 97 #

2023/0136(NLE)

Proposal for a directive Sole Article – Paragraph 1 – point 9 – point b – point iii a (new) Directive 2011/85/EU
Article 9 – paragraph 2 – point d a (new)
(iii a) the following point (d a) is inserted: (d a) targets and reporting on the following EU policy objectives in line with EU, international and national legal requirements: (i) combating climate change; (ii) halting and reversing the decline of biodiversity; (iii) promoting the digital transition; (iv) promoting equality between women and men as well as rights and equal opportunities for all; (v) implementing the United Nations Sustainable Development Goals; The reporting shall measure the performance of national budgetary frameworks towards set targets, identify relevant expenditure and revenue items and rely on output, results and impact indicators. Indicators shall be duly aligned with the ‘do no significant harm’ and ‘digital by default’ principles.
2023/10/24
Committee: ECON
Amendment 105 #

2023/0136(NLE)

Proposal for a directive Sole Article – Paragraph 1 – point 13 Directive 2011/85/EU
Article 14 – paragraph 3
3. For all subsectors of general government, Member States shall publish relevant information on contingent liabilities with potentially large impact on public budgets, including government guarantees, non-performing loans, and liabilities stemming from the operation of public corporations, potential expenses and obligations arising from court cases, including the extent thereof. Member States shall also publish information on disaster and climate-related contingent liabilities to the extent possible. Member States shall publish information on past calls on one-off guarantees and expenditure recorded for standardised guarantees. Published information shall include information on economic losses incurred due to disasters and climate-related shocks, including the fiscal costs borne by the public sector and the instruments used to mitigate or cover them as well as the methodology and results of the assessments under Article 9(2)(d) based on forward-looking scenarios. Member states shall also publish the targets as well as indicators that measure the performance of their budgetary frameworks towards EU public policy objectives. Member States shall publish information on the participation of general government in the capital of private and public corporations in respect of economically significant amounts.
2023/10/24
Committee: ECON
Amendment 2 #

2022/2142(INI)

Draft opinion
Paragraph 1
1. Highlights that taxation is one of the few areas that remain subject to unanimity voting in Council; stresses that it has become increasingly evident over recent years that stronger coordination in the field of taxation is needed at EU and global levels in the light of economic developments and the new challenges created by digitalisation and globalisation; regrets, in this regard, Hungary’s misuse of its veto right to block the Council negotiations on the Commission proposal of 22 December 2021 for a Council directive on ensuring a global minimum level of taxation for multinational groups in the Union (COM(2021)0823);emphasises that a strong Union, from a labour, capital and fiscal perspective amongst others, cannot be reached without much needed tax coordination and harmonisation; emphasises further that tax coordination is essential to ensure the sustainable and future-proof tax systems in Member States; notes that stronger tax coordination in the Union has been sought since the landmark 1992 Ruding committee report1a; _________________ 1a http://aei.pitt.edu/8702/1/8702.pdf
2023/01/25
Committee: ECON
Amendment 10 #

2022/2142(INI)

Draft opinion
Paragraph 1 – point 1 (new)
(1) Deplores the growing misuse of the veto right to block Council decision- making in tax matters; regrets most particularly the Polish and Hungarian vetoes during the Council negotiations on the Commission proposal of 22 December 2021 for a Council directive on ensuring a global minimum level of taxation for multinational groups in the Union (COM(2021)0823) delaying the adoption for several months;
2023/01/25
Committee: ECON
Amendment 18 #

2022/2142(INI)

Draft opinion
Paragraph 2
2. Regrets the fact that the current situation often leads to delays and a lack of progress in the harmonisation and coordination of tax rules across the Union, even though such harmonisation and coordination would benefit everyone; notes that some legislative proposals, such as the debt-equity bias reduction allowance (DEBRA) or thwarns that the lack of better coordination and harmonisation of tax rules harms the single market and the performance of the Union in reaching its economic, green, social and digital objectives; notes that some legislative proposals, such as the directive on preventing shell companies from misusing their structure for tax purposes (UNSHELL), the upcoming withholding tax framework and the future Business in Europe: Framework for Income Taxation (BEFIT), will be key to supporting the fairness of our tax system, the competitiveness of European companies, while the revision of the energy taxation directive will be key to supporting the EU’s climate goals;
2023/01/25
Committee: ECON
Amendment 32 #

2022/2142(INI)

Draft opinion
Paragraph 3
3. Recalls that Article 48(7) of the Treaty on European Union provides for two general passerelle clauses that allow the decision-making procedures to be changed in order to adopt measures in Council through qualified majority voting (QMV) in areas that are currently subject to unanimity; regrets the fact that these passerelle clauses have never been used; recalls that activating the passerelle clauses would in any case require unanimity in the European Council and Parliament’s consent; supports the revision of these passerelle clauses in the framework of a future reform of the Treaties, including a strengthened role for the Parliament;
2023/01/25
Committee: ECON
Amendment 40 #

2022/2142(INI)

Draft opinion
Paragraph 4
4. Recommends usingCalls the Council to use the two general passerelle clauses for selected Treaty articles concerning the EU’s competences in the area of taxation; recalls that such as article 113 and 115 TFEU; supports the Commission communication of 15 January 2019 entitled ‘Towards a more efficient and democratic decision making in EU tax policy’ (COM(2019)0008) and the conclusions of the Conference on the Future of Europe both recommended moving from unanimity voting to QMV on tax matters.; highlights the need for stronger Parliamentary involvement in tax decision-making in the EU;
2023/01/25
Committee: ECON
Amendment 48 #

2022/2142(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Urges to move from unanimity to QMV through the ordinary legislative procedure in tax matters;
2023/01/25
Committee: ECON
Amendment 4 #

2022/2046(INI)

Motion for a resolution
Citation 25 a (new)
— having regard to the Intergovernmental Panel on Climate Change’s (IPCC) special report on global warming of 1,5 °C, its special report on climate change and land, and its special report on the ocean and cryosphere in a changing climate,
2022/10/14
Committee: BUDG
Amendment 5 #

2022/2046(INI)

Motion for a resolution
Citation 25 b (new)
— having regard to the Communication from the Commission of 11 December 2019, on “The European Green Deal” (COM(2019)0640),
2022/10/14
Committee: BUDG
Amendment 6 #

2022/2046(INI)

Motion for a resolution
Citation 25 c (new)
— having regard to Regulation (EU) 2021/1119 establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law),
2022/10/14
Committee: BUDG
Amendment 7 #

2022/2046(INI)

Motion for a resolution
Citation 25 d (new)
— having regard to the Global Assessment Report on Biodiversity and Ecosystem Services by the United Nations' Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services,
2022/10/14
Committee: BUDG
Amendment 8 #

2022/2046(INI)

Motion for a resolution
Citation 25 e (new)
— having regard to the special report 22/2021 of the European Court of Auditors 'Sustainable finance: more consistent EU action needed to redirect finance towards sustainable investment', 2021,
2022/10/14
Committee: BUDG
Amendment 9 #

2022/2046(INI)

Motion for a resolution
Citation 25 f (new)
— having regard to the special report 09/2022 of the European Court of Auditors 'Climate spending in the 2014- 2020 EU budget: not as high as reported', May 2022,
2022/10/14
Committee: BUDG
Amendment 10 #

2022/2046(INI)

Motion for a resolution
Citation 25 g (new)
— having regard to special report 10/2021 of the European Court of Auditors 'Gender mainstreaming in the EU budget: time to turn words into action',
2022/10/14
Committee: BUDG
Amendment 11 #

2022/2046(INI)

Motion for a resolution
Citation 25 h (new)
— having regard to the UN Sustainable Development Goals,
2022/10/14
Committee: BUDG
Amendment 16 #

2022/2046(INI)

Motion for a resolution
Recital C
C. whereas Russia’s unprovoked and unjustified invasion of Ukraine has led to a major humanitarian crisis, and has triggered an economic and social shock of uncertain duration and magnitude worldwide; whereas the Heads of State or Government have described the war as a ‘tectonic shift in European history’ and the Commission has stated that the ‘unforeseen needs created by war in Europe are well beyond the means available in the current multiannual financial framework’, necessitating new financing sources in an urgent manner;
2022/10/14
Committee: BUDG
Amendment 17 #

2022/2046(INI)

Motion for a resolution
Recital C a (new)
C a. whereas there are currently 96.5 million people in the EU at risk of poverty and social exclusion, which represents 21.9 % of the population. whereas about 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6.9 % of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey; whereas overall, the Energy Poverty Observatory estimates that more than 50 million households in the European Union experience energy poverty; whereas energy poverty is therefore a major challenge for the Union1a whereas these numbers are certain to increase as a consequence of the war in Ukraine, Russia’s decision not to deliver gas to Poland and Bulgaria, and to heavily reduce the gas supply for other countries and the impact of the necessary sanctions against the Russian Federation; _________________ 1a Recital 12 of the Commission proposal of 14July 2021 for a regulation of the European Parliament and of the Council establishing a Social Climate Fund (COM(2021)0568); Data from 2018. Eurostat, EU Statistics on Income and Living Conditions, 2018
2022/10/14
Committee: BUDG
Amendment 28 #

2022/2046(INI)

Motion for a resolution
Recital E
E. whereas the combined effect of multiple crises and low MFF ceilings has given rise to a galaxy’ of ad hoc instruments beyond the EU budget, as well as greater use of external assigned revenue not subject to the budgetary procedure, most notably in the case of NextGenerationEU; whereas, as oneboth arms of the budgetary authority, should have equal roles as set out in the Treaties; whereas Parliament should play a full role in this new budgetary environment in order to ensure democratic accountability and transparency;
2022/10/14
Committee: BUDG
Amendment 34 #

2022/2046(INI)

Motion for a resolution
Recital G a (new)
G a. whereas Parliament’s position on element on Treaty change linked to budgetary matters inter alia has been set out and will be set out in other resolutions;
2022/10/14
Committee: BUDG
Amendment 38 #

2022/2046(INI)

Motion for a resolution
Paragraph 1
1. URecalls that the MFF sets out Union budgetary priorities for seven years and provides financial resources for the implementation of long term policy objectives; reminds that the subsequent crisis have shown that the lack of resilience and flexibility backed with democratic control is lacking in the current rigid structure; underlines the central role that the EU budget plays in delivering on the Union’s political priorities, including making a success of the green and digital transitions for all, fostering an inclusive and social recovery, promoting growth, innovation, strategic autonomy and energy independence, providing support for small and medium- sized enterprises, fostering sustainable development that leaves no one behind and ensures cohesion and upward convergence, ensuring a more robust European Health Union in the aftermath of the COVID-19 crisis, promoting the rule of law, EU values and fundamental rights within the EU and beyond, contributing to greater opportunities for all and to our shared global responsibilities, and ensuring a stronger Union for its people and in the world;
2022/10/14
Committee: BUDG
Amendment 53 #

2022/2046(INI)

Motion for a resolution
Paragraph 2
2. Underscores that there is a clear consensus among the institutions that, in the wake of the unprovoked and unjustified invasion of Ukraine, the EU should provide the strongest possible social, economic and financial assistance to Ukraine, while addressing the economic and socialsocial and economic consequences of the crisiswar within the Union and delivering the necessary support to its citizensfor all affected; underlines, in this context, the shared Union goals of delivering on the European Green Deal and the digital transition and the need to upscale and speed up implementation in the new geopolitical context, scaling up defence cooperation and coordination, improving its strategic autonomy and energy independence and security, ensuring food security, and addressing the challenges caused by high inflation and the cost-of living crisis stemming from it;
2022/10/14
Committee: BUDG
Amendment 60 #

2022/2046(INI)

Motion for a resolution
Paragraph 3
3. HighlightStresses that, in the short and medium term, large-scale humanitarian aid in Ukraine and financial support to Member States receiving and helping to settle people fleeing the conflict are needed to address the impact of the war against Ukraine; reminds that the relevant programmes have not been budgeted with the resources this unprecedented situation requires;
2022/10/14
Committee: BUDG
Amendment 66 #

2022/2046(INI)

Motion for a resolution
Paragraph 4
4. Welcomes the decision to grant Ukraine and Moldova candidate country status; emphasises that this decision entails a long-term financial and budgetary commitment to supporting the necessary reforms specific to each country, as has been the case with other candidate countries, as well as to reconstruction and recovery; insists on policy cohesion across the two goals;
2022/10/14
Committee: BUDG
Amendment 74 #

2022/2046(INI)

Motion for a resolution
Paragraph 5
5. Points out that essential new policy initiatives put forward since the adoption of the current MFF have come with proposals to shift money away from key EU policies and objectives and clearly deviate from the agreement reached by the two arms of the Budgetary Authority;
2022/10/14
Committee: BUDG
Amendment 82 #

2022/2046(INI)

Motion for a resolution
Paragraph 7
7. Highlights that the Solidarity and Emergency Aid Reserve (SEAR) was almost exhausted in 2021 and is projected to be fully exhausted in 2022 after having provided a combination of humanitarian aid and support to Member States for tackling natural and man-made disasters; points out that the extension of the scope of the European Union Solidarity Fund (EUSF) to include public health emergencies, coupled with the increased scale and frequency of natural disasters, the humanitarian crisis in Ukraine and the resulting arrival of large numbers of refugees in the EU, has placed the SEAR under extreme strain; expects, further, that the dramatic consequences of the unprecedented wildfires in the summer of 2022 that follow on to the major floods and wildfires from the summer of 2021 will require significant financial support, including from the SEAR;
2022/10/14
Committee: BUDG
Amendment 89 #

2022/2046(INI)

Motion for a resolution
Paragraph 8
8. Emphasises, therefore, that the 2021-2027 MFF ihas already beingen pushed to its limits less than two years after its adoption, a situation aggravated by the unforeseeable events of 2022; points out that it is simply not equipped, in terms of size, structure or rules, to respond to a multitude of crises of this scale, nor to adequately finance new shared EU policy ambitions and the swift implementation of the requisitered EU-wide solutions;
2022/10/14
Committee: BUDG
Amendment 95 #

2022/2046(INI)

Motion for a resolution
Paragraph 9
9. Recalls that the MFF is increased annually on the basis of a 2 % deflator applied to 2018 prices; underlines that spiralling energy prices and extreme energy market volatility caused mainly by Russia’s decision to cut gas supply have been feeding soaring inflation, with severe impacts on citizenspeople, businesses and consumers; is deeply concerned that such unexpectedly high levels of inflation are placing the MFF under severe strain and reducing its purchasing power further, in a context where its overall level is already lower than previous MFFs; stresses that, in practice, this means that fewer Union projects and actions can be funded, thereby negatively impacting beneficiariethe implementation of our shared policy goals;
2022/10/14
Committee: BUDG
Amendment 101 #

2022/2046(INI)

Motion for a resolution
Paragraph 11
11. Observes the continuing demand for the EU budget to serve as a guarantee for additional macro-financial assistance (MFA); notes, however, that the higher risks of default and the large amount at stake entail significant and unpredictable contingent liabilities;
2022/10/14
Committee: BUDG
Amendment 108 #

2022/2046(INI)

Motion for a resolution
Paragraph 12
12. Concludes that, in this context, the need for an urgent review and revision of the MFF is beyond any doubt and that a ‘business as usual’ approach will not remotely suffice to tackle the array of challenges posed and could thereby undermine confidence in the Union in the long term;
2022/10/14
Committee: BUDG
Amendment 137 #

2022/2046(INI)

Motion for a resolution
Paragraph 16
16. Insists that the principle of unity, whereby all items of the Union’s revenue and expenditure are shown in the budget, is both a Treaty requirement and a basic precondition for accountability, democratic legitimacy and the transparency of the EU’s public finances; stresses the need for an upscaled MFF to ensure a stronger and more agile EU budget which meets the highest standards of transparency and democratic accountability; requests, therefore, an increase in the MFF ceilings, as well as an increase in and redesign of budgetary flexibility and significantly greater parliamentary control over all EU spending, includingboth the revenue and the expenditure side, meaning all financial activities below the Own Resources ceiling and, in particular off-budget instruments, and funds and common borrowing and lending programmactivities;
2022/10/14
Committee: BUDG
Amendment 144 #

2022/2046(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Underlines that the revision of the MFF 2021-2027 must keep its commitment to obtaining an equitable, resilient, sustainable and socially fair recovery for all through the 2024-2027 Union budget concluding and, later on, implementing the revised 2030 framework for Union climate, energy and environmental targets with the objective of making the EU climate neutral by 2050 at the latest and be based on the ‘Do No Significant Harm’ principle, within the meaning of Article 17 of the Taxonomy Regulation;
2022/10/14
Committee: BUDG
Amendment 153 #

2022/2046(INI)

Motion for a resolution
Paragraph 17
17. Reaffirms its long-standing position that new political initiatives must be financed with additional fresh money and not to the detriment of well-established, pre-existing Union programmes or policies that have been agreed by Co-Decision;
2022/10/14
Committee: BUDG
Amendment 160 #

2022/2046(INI)

Motion for a resolution
Paragraph 18
18. Highlights that many of the policy ambitions recently stated – notably in the fields of energy and strategic and industrial autonomy – and the new policy initiatives since January 2021 (Chips Act, Secure Connectivity, Health Emergency Preparedness and Response Authority) imply spending under Heading 1; recalls the key role Horizon and CEF play in the Green transition, in particular by fostering innovation and implementing cross-border projects; opposes the use of agreed programme envelopes to finance new initiatives and believes that the margins are insufficient to accommodate the greater long-term needs; calls, therefore, for an increase in the ceiling of Heading 1;
2022/10/14
Committee: BUDG
Amendment 166 #

2022/2046(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Recalls that ESF+ is expected to contribute to the implementation of the EPSR Action Plan and to the relevant country specific recommendations adopted in the framework of the Semester to ensure equal opportunities, to catalyse the fight against poverty and provide equal access to the labour market, fair and quality working conditions, social protection and inclusion; reminds that programs decided and their envelops should be respected and calls for fresh money to fulfil the new tasks stemming from Action Plan; calls therefore for a reinforced ESF+ with significantly increased public support for existing instruments aimed at the poorest in our society, in particular actions aimed at the most deprived (continuation of FEAD);
2022/10/14
Committee: BUDG
Amendment 171 #

2022/2046(INI)

Motion for a resolution
Paragraph 19
19. Regrets that, contrary to Parliament’s position, it was decided that the costs of EURI borrowing and the repayment of debt be included as a budget line under Heading 2b, alongside flagship programmes such as Erasmus+, EU4Health, and Citizens, Equality, Rights and Values; stresses that interest costs and debt repayment depend on market developments, are not discretionary spending, do not follow the logic of caps on spending and should never compete with programmes under the same ceiling; recalls that any activation of the Emergency Support Instrument also depends on the availability of an unallocated margin under the ceiling of this heading; insists, therefore, that the status quo presents significant risks to programme spending and that the repayment line be removed from Heading 2b andmust be counted over and above the MFF ceilings;
2022/10/14
Committee: BUDG
Amendment 172 #

2022/2046(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Recalls the importance of taking due account of the lessons learned from the COVID-19 pandemic regarding public health and affordable and accessible health and care services; in this regard reiterates its call for increasing the level of support to the European Health Union in addition to the EU4Health Programme for year 2024-2027, particularly in light of the enlarged mandates of the European Medicines Agency (EMA), the European Center for Disease Prevention and Control (ECDC) and especially considering that a substantial part of EU4Health is already committed to HERA; stresses that new emerging strains of SARS-CoV-2 pose a challenge to public health in the Union and therefore, sufficient resources should be allocated to prevention, preparedness, and protection; stresses the importance of a longterm, coherent and coordinated strategy for pandemics, including SARS-CoV- 2variants of concern, comprising from both medical and non-medical countermeasures; stresses that sufficient resources should be allocated for increasing investments in research and development in the area of health;
2022/10/14
Committee: BUDG
Amendment 187 #

2022/2046(INI)

Motion for a resolution
Paragraph 20 a (new)
20 a. Requests the Commission to carry out an assessment and, where appropriate, present a legislative proposal for the integration of the Climate Investment Fund and the Modernisation Fund in the Union budget that could be submitted in the context of the proposals for the next MFF in order to achieve greater coherence and efficiency in the management and use of Union funds and resources with the relevant quasi- automatic adjustment of ceilings;
2022/10/14
Committee: BUDG
Amendment 188 #

2022/2046(INI)

Motion for a resolution
Paragraph 21
21. EmphasiseHighlights that the war againstin Ukraine has placed unexpected demands onrequired the unexpected reinforcement and mobilisation of the Asylum, Migration and Integration Fund, and of the Border Management and Visa Instrument (BMVI), and called for additional responsibilities for the decentralised agencies in Heading 4; expresses further concern, furthermore, that successive Commission proposals for agency mandate extensions are eroding the BMVI’s financial envelope; calls for the ceiling of Heading 4 to be increased to reflect the current reality and the real financing needs of the Union’s migration and border managementpolicies in the area of migration and asylum, visa and border management; calls for an increase of the budget of AMIF, the implementation of the Temporary Protection Directive and the solidarity and responsibility sharing under the Common European Asylum System, with targeted funds for inclusion and integration, as well as for resettlement and relocation;
2022/10/14
Committee: BUDG
Amendment 199 #

2022/2046(INI)

Motion for a resolution
Paragraph 23
23. Deplores the fact that, even prior to the war against Ukraine, funds available under Heading 6 were woefully inadequate and that pressure has since increased substantially; underlines that the continued funding for the needs of refugees from Syria, Iraq and other countries was not factored into the MFF or NDICI-Global Europe negotiationbudgets and should therefore have been financed by fresh appropriations with a corresponding increase in the ceiling of Heading 6; highlights that, owing to the risk of default on MFA loans provided to Ukraine, a far higher rate of provisioning than the standard 9 % is likely to be required as further loans are rolled out; underlines that additional needs in Ukraine must not lead to money being diverted away from other geographic regions in need neither thematic priorities; insists, therefore, on an increase in the ceiling for Heading 6 to fully cover the current and projected future needs of the Union’s external action, which have dramatically increased both in neighbouring countries and worldwide as a result of the food, energy and economic crises;
2022/10/14
Committee: BUDG
Amendment 201 #

2022/2046(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Expects that Union resources financing reconstruction of Ukraine are used to build back better: reconstruction of critical and other infrastructure needs to be done in view of reaching climate neutrality by 2050and focusing on proper mitigation of environmental impact of the war (e.g. energy neutral building stock, upgrading renewables, integration with EU energy networks) underpinned by proper support for the rule of law, democracy, fundamental rights, the fight against corruption;
2022/10/14
Committee: BUDG
Amendment 203 #

2022/2046(INI)

Motion for a resolution
Paragraph 23 b (new)
23 b. Expect funding to the Eastern and Southern Neighbourhood tobe increased, given the pressing and frequently overlooked problems in those regions like the effects of climate change, food crisis, conflict, migration as well as the consequences of the war.
2022/10/14
Committee: BUDG
Amendment 204 #

2022/2046(INI)

Motion for a resolution
Paragraph 23 c (new)
23 c. Calls on the Commission to ensure the Union lives up to its international climate commitments and in particular to provide funding in the 2024 - 2027 period of the current MFF to international climate finance and the relevant geographic programmes and the thematic programme Global Challenges of the Neighbourhood, Development and International Cooperation Instrument 2a at least corresponding to the level of revenues generated by the sale of CBAM certificates; _________________ 2a Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amendingand repealing Decision No 466/2014/EU of the European Parliament and of the Council and repealing Regulation (EU) 2017/1601 of the European Parliament and of the Council and Council Regulation (EC, Euratom) No 480/2009 (OJ L 209, 14.6.2021, p. 1)
2022/10/14
Committee: BUDG
Amendment 205 #

2022/2046(INI)

Motion for a resolution
Paragraph 23 d (new)
23 d. Calls on the Commission to evaluate the effectiveness and efficiency of the 10 % migration spending target of the NDICI against the Official Development Aid principles and applicable Development Assistance Committee codes, as well as applicable international standards, to see whether projects funded actually ameliorate asylum systems in developing countries, foster integration and support to host communities in protracted displacement situations, generate regional mobility and benefit persons on the move;
2022/10/14
Committee: BUDG
Amendment 206 #

2022/2046(INI)

Motion for a resolution
Paragraph 23 e (new)
23 e. Calls on the Commission to increase the overall envelope of EU humanitarian aid (HUMA) by at least 40% and ensure flexibility further in particular through additional funds to the rapid response pillar of the NDICI-GE, bridging the humanitarian and development funds to ensure continued support for communities and regions in need;
2022/10/14
Committee: BUDG
Amendment 207 #

2022/2046(INI)

Motion for a resolution
Paragraph 23 f (new)
23 f. Calls for the inclusion of all existing Trust Funds with the relevant raise in ceilings for already committed amounts quasi-automatically; expects the Commission not to create any new trust funds;
2022/10/14
Committee: BUDG
Amendment 208 #

2022/2046(INI)

Motion for a resolution
Paragraph 23 g (new)
23 g. In line with the principle of fresh money for new tasks insists that no cuts are made for current IPA III beneficiaries (Ukraine, Moldova, and eventually Georgia) and calls for sufficient and substantial increase with the addition of new beneficiaries, reminds that only major infrastructure projects contributing to the Green New Deal and respecting DNSH are eligible for funding and calls for applying the RRF DNSH guidance, and calls for legally binding guidelines on modulation/conditionality for major projects;
2022/10/14
Committee: BUDG
Amendment 214 #

2022/2046(INI)

Motion for a resolution
Paragraph 24
24. Underlines that Heading 7 spending must be set at a level that guarantees that the EU has an effective and efficient administration; calls for the swift adoption of the targeted revision of the Financial Regulation proposed by the Commission in relation to the handling of default interest for the late repayment of cancelled or reduced competition fines, so as to avoid pressure on spending under Heading 7;
2022/10/14
Committee: BUDG
Amendment 216 #

2022/2046(INI)

Motion for a resolution
Paragraph 25
25. Stresses that the MFF revision must not lead to any downwards revision of the pre-allocated national envelopprogrammes; emphasises the fact that the late agreement on the MFF for 2021-2027 and on the cohesion policy package, coupled with the COVID-19 crisis, led to a slow start to the programming process for cohesion policy, but not because of the policy itself; underlines that the delayed start does not in any way call into question the pivotal role and added value of cohesion policy as the essential Union investment policy and convergence instrument;
2022/10/14
Committee: BUDG
Amendment 230 #

2022/2046(INI)

Motion for a resolution
Paragraph 27
27. Points out that MFF and own resources are interlinked; emphasises, in this context, the need for sustainable and resilient revenue for the EU budget; recalls that, in the IIA, Parliament, the Council and the Commission committed to introducing sufficient new own resources to at least cover the repayment of EURI debt and already made political commitments;
2022/10/14
Committee: BUDG
Amendment 233 #

2022/2046(INI)

Motion for a resolution
Paragraph 27 a (new)
27 a. Calls on the Commission to integrate Article 16 points d-f of the IIA into the revised MFF regulation with an specific annex including shares of expenditures that will contribute to both biodiversity and climate targets per programme;
2022/10/14
Committee: BUDG
Amendment 235 #

2022/2046(INI)

Motion for a resolution
Paragraph 27 b (new)
27 b. Reminds the Commission of its engagement and obligation according to the IIA to take stock of the progress of the climate mainstreaming efforts at mid- course and examine if the targets are reached or are on track to being reached; asks the Commission, in case of not reaching these targets, to make corresponding proposals in line with the requirements laid down in Article16 of the IIA;
2022/10/14
Committee: BUDG
Amendment 237 #

2022/2046(INI)

Motion for a resolution
Paragraph 27 c (new)
27 c. Highlights that the biodiversity financing gap over the period 2021 and 2030 is around €18.69 billion per year3a; urges the Commission to develop and complete the tracking methodology for biodiversity spending as fast as possible; calls on the Commission to ensure in the revision that the 2026 and 2027 mainstreaming targets of related expenditure contributing to halting and reversing the decline of biodiversity are reached; _________________ 3a https://op.europa.eu/en/publication- detail/-/publication/793eb6ec-dbd6-11ec- a534-01aa75ed71a1/language-en/format- PDF/source-258471562(pg 14)
2022/10/14
Committee: BUDG
Amendment 238 #

2022/2046(INI)

Motion for a resolution
Paragraph 27 d (new)
27 d. Stresses the need to ensure consistency between climate and biodiversity funding and the respect of the ‘Do No Significant Harm’ principle through the entire budget in all the six dimensions; stresses the need for a significant improvement and tightening of climate and biodiversity mainstreaming ("tagging") methodologies in the 2021- 2027 MFF to avoid greenwashing and ensure a genuine climate and biodiversity additionally of resources dedicated to respective minimum spending targets, in line with the concrete proposals of the European Court of Auditors4a and the European Parliament;5a _________________ 4a https://www.eca.europa.eu/Lists/ECADoc uments/SR22_09/SR_Climate- mainstreaming_EN.pdf 5a https://www.europarl.europa.eu/RegData/ etudes/STUD/2022/732007/IPOL_STU(20 22)732007_EN.pdf
2022/10/14
Committee: BUDG
Amendment 239 #

2022/2046(INI)

Motion for a resolution
Paragraph 27 e (new)
27 e. Calls for the climate objectives in the increase of commitments for 2024 to 2027, corresponding to at least 50 % of the total amount by which the ceilings were raised;
2022/10/14
Committee: BUDG
Amendment 240 #

2022/2046(INI)

Motion for a resolution
Paragraph 27 f (new)
27 f. Welcomes the gender-budgeting classification undertaken by the Commission and calls on the Commission to focus on ensuring that an effective methodology for gender focuses on an accurate and comprehensive representation of the impact of programmes on gender equality and to achieve ensuring that we get the best gender equality impact from programmes in the course of their implementation that are currently categorized as zero(star) and to take lessons learned for the design of programs; expects all gender relevant reporting to be done based on volumes and not number of actions;
2022/10/14
Committee: BUDG
Amendment 248 #

2022/2046(INI)

Motion for a resolution
Paragraph 29
29. Stresses that, while crisis response measures are necessary and useful, cohesion policy is not a crisis response tool; is concerned that cohesion policy is increasingly being used to reinforce other policies and to make up for shortcomings in budgetary flexibility or crisis response mechanisms in the MFF; emphasises that cohesion policy is one of the priorities of the Union, has long-term investment objectives linked to the EU’s strategic agenda, in particular the European Green Deal and the Digital Agenda, and should not be used to replenish funding for other policies; calls, therefore, for cohesfunding levels to be readjusted, and in particular for additional funding levels to be preserved in the budget; for cohesion policy amount to around at least 30% of the investment gap for energy efficiency investments until 2030 for a spending targeted at enhancing energy efficiency of the worst performing residential buildings for upfront investments with a special attention on technical assistance to allow for the bundling of projects to ensure timely and efficient uptake in response to the sharp rise in energy prices putting low income households in a difficult position;
2022/10/14
Committee: BUDG
Amendment 258 #

2022/2046(INI)

Motion for a resolution
Paragraph 31
31. Considers that the special instruments are constrained both by scarcity of resources and rigidity of design, hampering their ability to serve as effective crisis response tools; stresses, therefore, that the revision is imperative in broadening the potential of the existing flexibility provisions; criticises in particular the Council’s decision, despite Parliament’s warnings, to merge the Emergency Aid Reserve (EAR) and the EUSF in the current MFF, while reducing the overall funding available by about half;
2022/10/14
Committee: BUDG
Amendment 260 #

2022/2046(INI)

Motion for a resolution
Paragraph 32
32. Calls for annual appropriations for the Flexibility Instrument to be increased from EUR 915 million to EUR 2 billion; reminds the increasing need to tackle emergencies and crises related to natural disasters and extreme weather internally and externally to the EU and its associated costs; calls, in addition, for the SEAR to be split into two strands – the EAR and the EUSF – and for annual appropriations to be increased from EUR 1.2 billion for the SEAR to EUR 1 billion for each strand in 2018 prices; considers that this will provide vital additional resources to respond to current and emerging needs, in particular, the expected increase in unforeseen weather events linked to climate change; furthermore, for the EUSF calls for an increase in the level of advanced payments to at least 50% and to at least half the average time for advanced payments and at the same time ensuring the protection of the EU budget;
2022/10/14
Committee: BUDG
Amendment 262 #

2022/2046(INI)

Motion for a resolution
Paragraph 32 a (new)
32 a. Calls for appropriate and obligatory margins per heading automatically restored through each annual budgetary procedure, financed first by surpluses linked to the heading, by decommitments in the heading, then based on revenue surpluses proportionately distributed across the relevant headings, then any leftover decommitments proportionately distributed across the relevant headings, then by national contributions once the first two have been depleted;
2022/10/14
Committee: BUDG
Amendment 265 #

2022/2046(INI)

Motion for a resolution
Paragraph 34
34. Emphasises further that the various special instruments are subject to different carry-over rules and calls for the harmonisation of these rules so that amounts may be used up to year n+3 for all special instruments, thereby creating additional flexibility; insists that lapsed amounts after year n+3 be made available once more under the Flexibility InstrumentSMI;
2022/10/14
Committee: BUDG
Amendment 271 #

2022/2046(INI)

Motion for a resolution
Paragraph 35
35. Insists that, beyond a reinforcement of flexibilities in the MFF and the existing special instruments, it is necessary to establish a permanent fiscal capacity and common crisis instrument as an additional special instrument over and above the MFF ceilings so that the EU budget can better adapt and quickly react to crises and their social and economic effects;
2022/10/14
Committee: BUDG
Amendment 282 #

2022/2046(INI)

Motion for a resolution
Paragraph 36
36. Insists that all decommitted appropriations should remain in the budget so as to provide additional budgetary flexibility; underlines the need for corresponding changes to the Financial Regulation;
2022/10/14
Committee: BUDG
Amendment 288 #

2022/2046(INI)

Motion for a resolution
Paragraph 37 a (new)
37 a. Calls for the long overdue phase- out of harmful subsidies and for coherence between all EU funds and programmes in the MFF post 2027; insists that projects and programmes which are inconsistent with the objective of limiting global warming to under 1.5°C, or with the objective of halting and reversing biodiversity loss, should not be eligible for support in the next MFF; recalls that the 8th Environment Action Programme lays down the enabling condition of phasing out of environmentally harmful subsidies, including through setting a deadline for the phasing out of fossil fuel subsidies consistent with the ambition of limiting global warming to 1,5°C as well as a binding Union framework to monitor and report on Member States’ progress towards phasing out fossil fuel subsidies, based on an agreed methodology;
2022/10/14
Committee: BUDG
Amendment 291 #

2022/2046(INI)

Motion for a resolution
Paragraph 37 b (new)
37 b. Calls for at least 50% of the EU budget to positively contribute to one or more of the following priorities: climate change mitigation, climate change adaptation, sustainable use & protection of water & marine resources, circular economy, pollution prevention & control and/or protection and restoration of biodiversity & ecosystems and with at least10% contributing to protection and restoration of biodiversity; each Euro contributing to more than one aspect is only counted once;
2022/10/14
Committee: BUDG
Amendment 293 #

2022/2046(INI)

Motion for a resolution
Paragraph 37 c (new)
37 c. Expects more ambitious financial commitments in line with the EU’s global commitment in terms of addressing climate change and halting biodiversity loss and as a minimum to fully plan all commitments and pledges in international climate financing in line with the global negotiations;
2022/10/14
Committee: BUDG
Amendment 294 #

2022/2046(INI)

Motion for a resolution
Paragraph 37 d (new)
37 d. Calls for a thorough assessment of lessons learned from the current MFF and to better target and calibrate the budget and programmes to ensure the EU budget substantially contributes to enhancing gender equality, in particular, all relevant programmes after 2027 should have the obligation to collect gender disaggregated data and ex ante and ex-post reporting obligations on their gender impact;
2022/10/14
Committee: BUDG
Amendment 295 #

2022/2046(INI)

Motion for a resolution
Paragraph 37 e (new)
37 e. A reference to the obligation to respect for fundamental rights (including non-discrimination) and comply with the Charter of Fundamental Rights of the European Union in the implementation of the EU budget should be inserted as well as a reference to the rule of law conditionality regulation;
2022/10/14
Committee: BUDG
Amendment 296 #

2022/2046(INI)

Motion for a resolution
Paragraph 37 f (new)
37 f. Calls for a generalisation of the partnership principle in the implementation of the EU budget and in particular for upscaling the involvement of civil society organisations in the implementation of the EU budget and focusing the budget on protecting and promoting rights and values, in particular by supporting civil society organizations;
2022/10/14
Committee: BUDG
Amendment 297 #

2022/2046(INI)

Motion for a resolution
Paragraph 38
38. Points out that many of the recent spending needs, in areas such as economic and social recovery, climate change-related policy reform and funding linked to the Ukraine crisis, do not follow the traditional logic of medium-term investment predictability; considers Social Climate Fund, defence, crisis response and emergency intervention spending to be cases in point where there is a clear-cut rationale for EU action; expects this trend towards a more diversified expenditure landscape to continue as the scope and depth of EU cooperation progresses; underlines, therefore, the need for a properly constructed and adaptable MFF so that the design of the EU budget does not prevent the EU from taking on new tasks and functions during the forthcoming MFFs and ensure that new priorities are not implemented to the detriment of already agreed programmes;
2022/10/14
Committee: BUDG
Amendment 300 #

2022/2046(INI)

Motion for a resolution
Paragraph 39
39. DeploresExpresses concern , however, the repeated use of off-budget instruments, in particular under Article 122 TFEU, which runs counter to citizens’ interests, as this frustrates oversighimpeding proper oversight if the European Parliament and the transparency of public spending; considers, in that regard, than an annual plenary debate in Parliament on all EU finances, including off-budget instruments, will be an important step towards enhancing transparency and accountability; calls, therefore, for enhanced reporting on the “galaxy”, in particular the introduction of an annex attached to the EU budget with detailed estimates of the amounts of external assigned revenues used for particular budgetary lines, streamlined reporting on borrowing and lending activities linked to the annual budgetary cycle and regular reporting on the outstanding guarantees, and considers that a regular inter-institutional dialogue on off-budget instruments linked to the annual budgetary procedure is needed;
2022/10/14
Committee: BUDG
Amendment 302 #

2022/2046(INI)

40. Stresses, in this context, that the trend towards increased use of external assigned revenue is not a satisfactory solution as it weakens the role of the budgetary authority (Parliament and the Council), thereby negatively impacting democratic scrutiny and reducing the transparency of the EU’s finances; demands legally sound solutions that allow for targeted, one-off or needs-based top- ups that display the same advantages as earmarked revenue (i.e. not counted against the ceilings), but that are at the same time subject to full control of the budgetary authority; calls, in this regard, on the Commission to explore the use of hybrid instruments(funds with mix funding: budget and assigned revenue) beyond research and external action (combined financing from EU budget and externally assigned revenue(EARs)s 6a as long as Parliament’s role is secured and empower the budgetary authority to adopt annual commitments and payments when EARs are used to supplement EU programmes with contributions from Member States (article 21(2a) of the Financial Regulation) or when they come from joint EU borrowing, and making possible for Member States to the use of voluntary ‘ad hoc’ contributions from Member States to reinforce all types of Union programmes; _________________ 6a External assigned revenues are not processed through the budgetary procedure laid down in Article 314 TFEU, but are contributed directly to the Union budget by the member state or other contributor for a specified purpose. They are incorporated into the Union budget, as managed by the Commission, and are subject to the discharge procedure. Traditionally, this technique has been employed by member states wishing to contribute additional amounts to certain research programmes or external aid initiatives.
2022/10/14
Committee: BUDG
Amendment 312 #

2022/2046(INI)

Motion for a resolution
Paragraph 43 a (new)
43 a. Recalls the successful implementation of the SURE instrument at the outbreak of the COVID-19 pandemic, which helped Member States cover the costs related to the creation or extension of national short-time work schemes; calls on the Commission to re- establish such an instrument in the context of the current social crisis in order to protect people in work and jobs and make it permanent as long as needed in times of crisis;
2022/10/14
Committee: BUDG
Amendment 41 #

2022/2037(INI)

Motion for a resolution
Recital D
D. whereas acting within its mandate, the ECB has committed to contributing to the objectives of the Paris Agreement; whereas climate change can hamper the effectiveness of monetary policy, affect growth, and increase price and macroeconomic instability; whereas, without strong measures, the negative impact on the EU GDP could be severe;
2022/10/14
Committee: ECON
Amendment 77 #

2022/2037(INI)

Motion for a resolution
Paragraph 4
4. NotWelcomes that fiscal and monetary policies have reinforced each other during the pandemic, preventing a repetition of the experience of the global financial crisis, when inadequate support for demand resulted in low growth, high unemployment, and financial instability; agrees with Vice President De Guindos’ statements on 4 July 2022 that fiscal policy should do its part by delivering targeted support to vulnerable groups in the current context; notes that higher taxes on higher earners or on industries and firms that are highly profitable in spite of the energy shock constitute less inflationary pressure compared to higher deficits; stresses that maintaining price stability today requires even closer coordination between fiscal, monetary and structural policies, as addressing supply- side shocks requires greater supply-chain resilience and a shift away from fossil fuels; recognises the limit of what inflation targeting regimes can achieve at the current juncture;
2022/10/14
Committee: ECON
Amendment 94 #

2022/2037(INI)

Motion for a resolution
Paragraph 5
5. Welcomes President Lagarde’s statement that the current geopolitical crisis requires us to progress on EU fiscal integration; recalls that the Economic and Monetary Union cannot function smoothly without a fiscal capacity at European level to respond to external shocks; stresses that completion of its institutional architecture is a prerequisite to strengthening the international role of the euro; recalls that a centralised fiscal capacity could help to address the imbalances in the current economic and monetary union, in which a single monetary policy coexists with a fiscal policy that is fragmented along national lines;
2022/10/14
Committee: ECON
Amendment 108 #

2022/2037(INI)

Motion for a resolution
Paragraph 6
6. Echoes President Lagarde’s call for a swift revision and simplification of the Stability and Growth Pact; calls for the new framework to consider the extensive public investment needed for the energy transition, also to avoid the extreme price volatility deriving from Europe’s dependence on fossil fuels;
2022/10/14
Committee: ECON
Amendment 115 #

2022/2037(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Recalls that fossil fuels are responsible for much of the recent strong increase in prices, with headline inflation reflecting the sharp rise in oil and gas prices; emphasises that the current bout of inflation is widely recognised as a supply-side phenomenon, making monetary policy tools unsuited to drive down inflation; welcomes repeated acknowledgements by the ECB that raising interest rates will not bring down energy prices nor will it impact inflation in the short term;
2022/10/14
Committee: ECON
Amendment 120 #

2022/2037(INI)

Motion for a resolution
Paragraph 7 b (new)
7 b. Is concerned that profits in the energy and food sectors have markedly risen as a key contributor to inflation, with the average quarterly contribution of profits to inflation standing at 15% in 2022, compared with 2.5% in 2018, 5% in 2019 and 4% in 2020; calls on the ECB to regularly publish the data on the contribution of profits to inflation, as is done with wages; questions whether any monetary policy response could address the market powers of such price-setters, unlike tax and competition policy;
2022/10/14
Committee: ECON
Amendment 129 #

2022/2037(INI)

Motion for a resolution
Paragraph 8
8. Takes note of recent ECB monetary policy decisions to raise rates by 50 and 75 basis points in July and September 2022; is concerned about the implications of such policy decisions for growth and employment; notes that earlier policy tightening by the ECB would not have been likely to prevent an energy price driven inflationary episode;
2022/10/14
Committee: ECON
Amendment 145 #

2022/2037(INI)

Motion for a resolution
Paragraph 9
9. Observes that there is little evidence that rising inflation is spurring a wage-price spiral, not least given the extent of wage restraint in recent years; notes that for the second quarter on 2022, the growth of negotiated wage settlements came in at only 2.1 per cent;
2022/10/14
Committee: ECON
Amendment 146 #

2022/2037(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Notes the lack of empirical evidence for the role of inflation expectations in inflation outcomes, let alone self-fulfilling spiral; notes that influencing inflation expectations is given as one of the main reasons for the rate hikes by the ECB; calls on the ECB to further look into the role of inflation expectations and how they are influenced by ECB’s announcements and action;
2022/10/14
Committee: ECON
Amendment 152 #

2022/2037(INI)

Motion for a resolution
Paragraph 10
10. Recalls that the ECB strategy review reconfirmed the medium-term orientation of inflation targeting; calls on the ECB to faithfully target this medium- term horizon; is concerned that following a long and careful debate on the ECB’s new monetary policy strategy, in this moment of crisis the goalposts risk shifting rather rapidly, with a sudden shift to targeting current inflation rather than the medium-term horizon that inflation targeting is thought to influence;
2022/10/14
Committee: ECON
Amendment 156 #

2022/2037(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Is concerned about the ECB’s continued reliance on third party sovereign bond ratings in its collateral framework, in spite of repeated calls to end this risky practice; calls on the ECB to change collateral eligibility requirements so as to remove this power from private credit rating agencies;
2022/10/14
Committee: ECON
Amendment 164 #

2022/2037(INI)

Motion for a resolution
Paragraph 11
11. Welcomes the ECB’s decision not to engage in quantitative tightening; calls on the ECB to keep this line to avoid putting further pressure on sovereign bond markets;
2022/10/14
Committee: ECON
Amendment 174 #

2022/2037(INI)

Motion for a resolution
Paragraph 12
12. Stresses that an even transmission of monetary policy is vital to the achievement of the ECB’s price stability mandate; notunderlines that excessive divergence in sovereign yields makes credit conditions inconsistent with the uniform transmission of monetary policy and could cause financial instability; welcomes the ECB’s decision on 15 June 2022 to apply flexibility in reinvesting redemptions that are due under the pandemic emergency purchase programme; welcomes the launch of the Transmission Protection Instrument to support the effective transmission of monetary policy across the euro area;
2022/10/14
Committee: ECON
Amendment 181 #

2022/2037(INI)

Motion for a resolution
Paragraph 13
13. Notes with concern that the combination of cheap targeted longer-term refinancing operations (TLTROs) and higher interest rates allow European banks to earn billions in extra profit; regrets the fact that the ECB has not yet addressed this issue and urges the ECB to do so as a matter of urgency; stresses that it is unacceptable for the ECB to provide banks with a taxpayer-backed profit while it is raising borrowing costs for households and businesses and most commercial lenders are paying bonuses to staff and distributing dividends to investors;
2022/10/14
Committee: ECON
Amendment 186 #

2022/2037(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Worries about lack of monetary policy coordination among central banks around the world and a resulting global over-reaction to inflation as simultaneous rate hikes add up to unprecedented tightening; warns that monetary tightening during a worldwide stagflation can result in a beggar-thy-neighbour policy, as it may export inflation to trade partners, pushing foreign central banks to further tighten; calls on the ECB to initiate international coordination with other central banks to prevent excessive aggregate tightening of global monetary conditions;
2022/10/14
Committee: ECON
Amendment 212 #

2022/2037(INI)

Motion for a resolution
Paragraph 15
15. Calls on the ECB to coordinate with the European Parliament to specify the secondary objectives; suggests taking advantage of this resolution to specify and prioritise the policy areas where the ECB is expected to deliver on its secondary objectives, as suggested by President Lagarde in November 2021;
2022/10/14
Committee: ECON
Amendment 234 #

2022/2037(INI)

Motion for a resolution
Paragraph 18
18. Reaffirms that achieving the Union’s climate goals and ensuring a just transition are the top priorities of the EU’s general economic policies, which the ECB is expected to support; welcomes that the ECB is committed to supporting the green transition; recalls that this requires massive investments, a goal the ECB is well placed to support;
2022/10/14
Committee: ECON
Amendment 240 #

2022/2037(INI)

Motion for a resolution
Paragraph 19
19. Considers that the ECB should contribute to reducing inequality; calls on the ECB to ensure that the costs of its monetary policy operations are not disproportionately borne by lower income strata, also considering that wealth and income inequality negatively affect the effectiveness of monetary policy transmission; invites the ECB to assess the effects of its monetary policy decisions on employment;
2022/10/14
Committee: ECON
Amendment 242 #

2022/2037(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Calls on the ECB to better integrate the secondary mandate considerations when implementing, executing and explaining its monetary policy, increasing transparency by reporting on its interpretation and incorporation of its secondary mandate during press conferences and in its annual report to Parliament; and by systematically offering proportionality analysis of the side effects on areas of economic policy that pertain to the ECB's secondary objective;
2022/10/14
Committee: ECON
Amendment 249 #

2022/2037(INI)

Motion for a resolution
Paragraph 20
20. Stresses that addressing the climate emergency and the euro area’s dependence on fossil fuels touches not only upon the ECB’s secondary mandate, but also its primary mandate, given the serious threat these issues pose to price stability; underlines that high fossil fuel prices are the major responsible for the recent strong increase in euro area inflation, reflecting “the legacy cost of the dependency on fossil energy sources, which has not been reduced forcefully enough over the past decades”;
2022/10/14
Committee: ECON
Amendment 252 #

2022/2037(INI)

Motion for a resolution
Paragraph 20 a (new)
20 a. Recalls that the ECB, as an EU institution, is bound by the EU’s commitments under the Paris Agreement; emphasises that this requires an integrated approach reflected in all its policies, decisions and operations, in line with its mandate of supporting the general economic policies of the Union, in this case, the achievement of a climate-neutral economy by 2050, as outlined in the European Climate Law;
2022/10/14
Committee: ECON
Amendment 258 #

2022/2037(INI)

Motion for a resolution
Paragraph 21
21. Welcomes the Governing Council’s decision to take further steps to include climate change considerations in the Eurosystem’s monetary policy framework, and specifically the decision to overcome the market neutrality principle while embracing carbon neutrality;
2022/10/14
Committee: ECON
Amendment 266 #

2022/2037(INI)

Motion for a resolution
Paragraph 22
22. Highlights the ECB’s acknowledgement of the carbon bias in its portfolio and the accumulation of climate risks in its balance sheet; underlines that according to available data, 62.7 % of ECB corporate bond purchases take place in the sectors that are responsible for 54.8 % of euro area greenhouse gas emissions; Welcomes the ECB’s announcement to decarbonise its corporate bond holdings; calls for the ‘tilting’ of the ECB’s portfolio to be swift rather than gradual, especially considering that it will apply only to reinvestment of maturing corporate bonds, accounting to around 10% of corporate bond holdings;
2022/10/14
Committee: ECON
Amendment 272 #

2022/2037(INI)

Motion for a resolution
Paragraph 23
23. Welcomes, furthermore, the announcement on the greening of the ECB’s collateral framework; regrets, however, that this will be limited to instruments issued by non-financial corporations, which represent only a small fraction of the instruments that banks pledge as collateral; stresses that the lack of climate disclosure requirements for covered bonds in EU legislation represents an obstacle for the ECB to further green its collateral framework; calls on the ECB to require climate disclosure for covered bonds in its eligibility framework pending legislative change;
2022/10/14
Committee: ECON
Amendment 273 #

2022/2037(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Warns against the Eurosystem over-reliance on external credit rating agencies for climate and environmental risk assessment; Welcomes the ECB’s announcement to further enhance the Eurosystem’s risk assessment tools and capabilities to better include climate and environment related risks, such as through their in-house credit assessment systems; welcomes in particular the ECB’s engagement with rating agencies to increase transparency on how they incorporate climate risks into their ratings and their ambition on disclosure requirements on climate risks;
2022/10/14
Committee: ECON
Amendment 280 #

2022/2037(INI)

Motion for a resolution
Paragraph 24
24. Regrets that the climate roadmap does not include greening of the ECB’s targeted long-term refinancing operations; stresses that providing cheap liquidity to financial institutions investing in brown activities works against the fight against inflation and is not consistent with the objectives of the Paris Agreement, while offering reduced rates to refinancing operations benefiting renewable energy and energy efficiency would contribute to price stability by reducing risks of a slow and disorderly transition;
2022/10/14
Committee: ECON
Amendment 293 #

2022/2037(INI)

Motion for a resolution
Paragraph 25
25. Is concerned about the implications of higher interest rates for green investments; stresses that rate rises will likely dis-incentivise new green investments that have large upfront costs and thus face higher funding costs, when compared to fossil fuel alternatives with relatively low upfront costs; calls on the ECB to assess the possibility of applying differentiated rates to support green investments and disincentivise brown investments;
2022/10/14
Committee: ECON
Amendment 294 #

2022/2037(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Welcomes the inclusion of climate change and environmental degradation risks in the supervisory priorities for 2022-2024;
2022/10/14
Committee: ECON
Amendment 298 #

2022/2037(INI)

Motion for a resolution
Paragraph 26
26. Welcomes the ECB climate risk stress test aimed at assessing the climate risk preparedness of the European banking sector; is concerned that the results published on 8 July 2022 show that banks do not have robust climate risk stress- testing frameworks and lack the relevant data; underlines that banks’ losses are lower in an orderly transition scenario than after delayed action; is worried that the estimated credit and market losses in a disorderly transition scenario dangerously underestimate the actual climate-related risk; underlines that two-thirds of banks’ income from non-financial corporate customers stems from greenhouse gas- intensive industries; stresses that risk concentration in the largest systemically essential banks means we could end up at the too-big-to-fail scenario once climate risks start materialising; calls on banks to urgently step up their efforts to measure and manage climate risk; calls on the ECB to use all its available tools to ensure that banks take climate risk seriously;
2022/10/14
Committee: ECON
Amendment 303 #

2022/2037(INI)

Motion for a resolution
Paragraph 27
27. Stresses the need to further enhance the ECB’s accountability and transparency arrangements; notes that while the ECB has enlarged its toolbox and objectives taken into account alongside inflation, its accountability practices have not evolved; insists on its call for the ECB to take swift action by codifying existing practices and strengthening its accountability framework vis-a-vis the European Parliament, thus ensuring that its independence goes hand in hand with its accountability; suggests that the new accountability framework includes (1) enhanced self-evaluation by the ECB through the conduct of Impact Assessments of different policy options in the annual report, as well as an independent evaluation office modelled after that of the IMF, (2) better involvement of the EP in Governing Council meetings through attendance of the ECON chair, (3) improve access of MEPs to non-public information that inform the decisions of the Governing Council;
2022/10/14
Committee: ECON
Amendment 307 #

2022/2037(INI)

Motion for a resolution
Paragraph 27 a (new)
27 a. Calls on the ECB to publish all of its decisions, in particular decisions on Emergency Liquidity Assistance in distressed member states, as well as positions taken by the ECB in the Basel Committee of Banking Supervision;
2022/10/14
Committee: ECON
Amendment 315 #

2022/2037(INI)

Motion for a resolution
Paragraph 28
28. Regrets that only two members of the ECB’s Executive Board and Governing Council are women; reiterates that the nominations to the Executive Board should be gender-balanced, with shortlists submitted to Parliament; recalls that Parliament is committed not to consider shortlists that do not respect the gender balance principle, in accordance with its resolution on gender balance in EU economic and monetary affairs nominations; calls on the euro area member states to do their part and fully incorporate the principle of gender equality in their appointment processes for the position of governor of national central banks;
2022/10/14
Committee: ECON
Amendment 316 #

2022/2037(INI)

Motion for a resolution
Paragraph 29
29. Regrets that the gender imbalance also persists across the organisational structure of the ECB, notably in the share of women in senior management positions, with the share of women in ECB management at 30,3% in 2019, welcomes, the ECB’s new strategy to improve gender balance, including the objective of increasing the share of women to between 40 % and 51 % by 2026;
2022/10/14
Committee: ECON
Amendment 318 #

2022/2037(INI)

Motion for a resolution
Paragraph 30
30. Takes note of ECB staff rules on potential conflicts of interest and encourages the ambitious application thereof; underlines that the European Ombudsman has opened a case into “revolving doors” at the ECB, after a recent case of a senior economist’s move to an American investment bank; calls on the ECB to extend the cooling-off period foreseen for senior salary tiers also to employees in lower salary bands; calls on the ECB to develop a strategy on how to deal with lobbyists and increase transparency of staff level contacts beyond the Governing Council;
2022/10/14
Committee: ECON
Amendment 323 #

2022/2037(INI)

Motion for a resolution
Paragraph 31
31. Welcomes the ECB’s progress on the digital euro project, as well as the dialogue with Parliament in this regard; looks forward to the Governing Council reaching a decision on launching the digital euro; is concerned that the ECB has selected Amazon to collaborate in the sensitive phase of developing a prototype and test its integration with the Amazon interface and infrastructure, a company subject to steep EU fines due to data protection violations; regrets that the ECB has not revised its decision despite the concerns expressed by the civil society as well as in the ECON committee during Mr Panetta’s appearance before it on 29 September 2022;
2022/10/14
Committee: ECON
Amendment 330 #

2022/2037(INI)

Motion for a resolution
Paragraph 31 a (new)
31 a. Welcomes the ECB’s support to complete banking union with a European Deposit Insurance Scheme, as a necessary complement to a single monetary policy to ensure financial stability in the euro area;
2022/10/14
Committee: ECON
Amendment 27 #

2022/0398(COD)

Proposal for a directive
Recital 6
(6) Persons, entities and bodies, which are designated individually in Union restrictive measures and subject to those Union restrictive measures, may often be involved as instigators and accomplices. For instance, the practice by designated persons and entities of transferring funds, property or economic resources to a third party with a view to circumvent Union restrictive measures is increasingly widespread and needs to be addressed. Therefore, this conduct is covered by the circumvention offence approximated by this Directive.
2023/05/16
Committee: BUDG
Amendment 29 #

2022/0398(COD)

Proposal for a directive
Recital 6 a (new)
(6a) Violation of the Union restrictive measures is often linked to other criminal activites and motivated by considerations of financial gain. While generating profits, the circumvention of restrictive measures enables the continued use of assets. This undermines the objectives of those restrictive measures and hence needs to be addressed.
2023/05/16
Committee: BUDG
Amendment 33 #

2022/0398(COD)

Proposal for a directive
Recital 23
(23) The objectives of this Directive, namely to ensure common definitions of offences related to the violation of Union restrictive measures and the availability of effective, dissuasive and proportionate criminal penalties for serious offences related to the violation of Union restrictive measures cannot be sufficiently achieved by Member States but can rather, by reason of the scale and effects of this Directive, be better achieved at Union level including through the active involvment of EPPO within the scope of its mandate, taking into account the inherent cross-border nature of the violation of Union restrictive measures and their potential to undermine the achievement of the Union objectives to safeguard international peace and security as well as to uphold Union common values. Therefore the Union may adopt measures, in accordance with the principle of subsidiarity as set out in accordance with 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 to achieve that objective.
2023/05/16
Committee: BUDG
Amendment 36 #

2022/0398(COD)

Proposal for a directive
Recital 25 a (new)
(25a) The monetary value of such confiscated assets should be reintroduced into legal economy. Where the confiscated assets stem from the crime of Russian aggression against Ukraine and other crimes associated with this aggression, the monetary value of the assets should serve the goal of building and rebuilding of the infrastructure in Ukraine including through the use of financial instruments, as well as the compensation for the victim population.
2023/05/16
Committee: BUDG
Amendment 37 #

2022/0398(COD)

Proposal for a directive
Article 2 – paragraph 2 – point b
(b) ‘designated person, entity or body’, means those natural or legal persons, entities or bodies subject to Union restrictive measures consisting in the freezing of funds and economic resources and the prohibition to make funds and economic resources available, as well as Union travel restrinctions;
2023/05/16
Committee: BUDG
Amendment 46 #

2022/0398(COD)

-1 Member States shall ensure that funds or economic resources subject to Union restrictive measures in respect of which the designated person, entity or body, listed in Council Regulation (EU) No 269/2014and Council Regulation (EU) No 833/2014, commits or participates in an offence referred to in Article 3(2) shall be frozen and confiscated. In addition, Member States shall ensure that regarding party closely related to suspected, accused or convicted person as defined in [ Directive on asset recovery and confiscation ] Article 13 of [ Directive on asset recovery and confiscation] shall fully be implemented and without undue delay.
2023/05/16
Committee: BUDG
Amendment 47 #

2022/0398(COD)

Proposal for a directive
Article 10 – paragraph 1
Member States shall take the necessary measures to ensure that funds or economic resources subject to Union restrictive measures in respect of which the designated person, entity or body commits or participates in an offence referred to in Article 3(2), points (h)(i) or (ii), are considered as ‘proceeds’ of crime for the purposes of Directive (EU) […/…] [Directive on asset recovery and confiscation]. The proceeds shall be used for public interest or social purposes, with a particular focus on the victims wherever possible. Member States shall decide for which areas of public interest and social purposes the proceeds or the monetary value may be used except for those established as an own resource in accordance with Article 311(3) TFEU and those related to the Russian aggression against Ukraine, which shall constitute external assigned revenue in accordance with Article 21(5) of the Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council1a (‘the Financial Regulation’) until the establishment of the relevant own resource in accordance with Article 311(3) TFEU and without prejudice to restitution, compensation, to the victims and public concerned and Member States’ capacity to implement the Directive.
2023/05/16
Committee: BUDG
Amendment 9 #

2022/0219(COD)

Proposal for a regulation
Title 1
Proposal for aREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon establishing the European defence industry Reinforcementinstrument for the strengthening of the Defence Technological and Industrial Base (EDTIB) through common Pprocurement Act
2023/02/16
Committee: BUDG
Amendment 11 #

2022/0219(COD)

Proposal for a regulation
Recital 2 a (new)
(2 a) Data shows that Member States are not meeting the 35% European collaborative defence equipment procurement benchmark. Despite incentives that use EU budget co-funding such as PADR, EDIDP (2019-2020) and EDF (since 2021), rates of collaborative investments have not changed significantly from 13% in 2019, to 11% in 2020 and 18% in 2021 which suggests that EU budget co-funding had no strong impact on the mobilisation of political will in Member States in the past.
2023/02/16
Committee: BUDG
Amendment 12 #

2022/0219(COD)

Proposal for a regulation
Recital 2 b (new)
(2 b) In response to this situation and in light of the positive experience with the new European Peace Facility, the European Parliament, in its resolution of 8 June 2022 on ‘The EU’s Foreign, Security and Defence Policy after the Russian war of aggression against Ukraine’, called to urgently launch a discussion with a view to establishing another off-budget financial facility which would address the entire life-cycle of military capabilities at EU level from collaborative R&D and joint procurement, to joint maintenance, training and security of supply.
2023/02/16
Committee: BUDG
Amendment 15 #

2022/0219(COD)

Proposal for a regulation
Recital 7
(7) In the current defence market context, marked by an increased security threat and the realistic perspective of a high intensity conflict, Member States are rapidly increasing their defence budgets and aiming at similar purchases. This results in an amount of demand which exceeds European Defence Technological and Industrial Base manufacturing capacities, currently tailored for peace time. The lack of coordination and cooperation regarding procurement risks contributing to rising prices, which could have the effect that increasing national defence budgets would not lead to stronger military capabilities.
2023/02/16
Committee: BUDG
Amendment 24 #

2022/0219(COD)

Proposal for a regulation
Recital 19
(19) Grants under the Instrument may take the form of financing not linked to cost based on the achievement of results by reference to work packages, milestones or targets of the common procurement process, in order to create the necessary incentive effect. provided that the Union does not co-finance the defence product itself which would be non-compliant with the Instrument’s legal base and primary law.
2023/02/16
Committee: BUDG
Amendment 30 #

2022/0219(COD)

Proposal for a regulation
Recital 27 a (new)
(27 a) Deepening cooperation among Member States at Union level in defence- related areas should go hand-in-hand with the strengthening of parliamentary oversight and control by both the European Parliament and national parliaments.
2023/02/16
Committee: BUDG
Amendment 31 #

2022/0219(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) to foster the competitiveness and efficiency of the European Defence Technological and Industrial Base (EDTIB) for a more resilient Union, in particular by speeding up, in a collaborative manner, the adjustment of industry to structural changes, including ramp-up of its manufacturing capacities and the opening of the supply chains throughout the Union;
2023/02/16
Committee: BUDG
Amendment 36 #

2022/0219(COD)

Proposal for a regulation
Article 4 – paragraph 2 a (new)
2 a. The amount referred to in paragraph 1 shall not be used to co- finance the defence product.
2023/02/16
Committee: BUDG
Amendment 39 #

2022/0219(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. The EU funding shall incentivize the cooperation between Member States to fulfil the objectives referred to in Article 3. The financial contribution shall be set up taking into consideration the collaborative nature of the common procurement plus an appropriate amount to create the incentive effect necessary to induce cooperation without directly co-financing the defence product.
2023/02/16
Committee: BUDG
Amendment 44 #

2022/0219(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The Commission shall, by means of an implemen delegating act, adopt the work programme referred to in paragraph 1. The implemendelegating act shall be adopted in accordance with the examination procedure referred to in Article 14 paragraph 3a.
2023/02/16
Committee: BUDG
Amendment 45 #

2022/0219(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. The work programme shall set out: (a) the minimum financial size of the joint procurement actions and determine; (b) the indicative amount of financial support for actions carried out by the minimum number of Member States as referred to in point c) of Article 7 paragraph 1 as well as; (c) incentives for procurement of higher value and inclusion of additional Member States or associated countries; (d) the funding priorities in line with the needs referred to in Article 3 paragraph 2; (e) a description of actions involving cooperation for common procurement; (f) the estimated value of the common procurement; (g) the procedure for evaluation and selection of the proposals.
2023/02/16
Committee: BUDG
Amendment 46 #

2022/0219(COD)

Proposal for a regulation
Article 11 – paragraph 4 a (new)
4 a. The work programme shall set out the overall amount of Union contribution for each funding, precise description of milestones needed to measure progress in implementing the respective action or results as well as associated amounts for disbursement, procedure for evaluation and selection of the proposals and the arrangements for the verification of milestones and disbursement process throughout the implementation of the respective action.
2023/02/16
Committee: BUDG
Amendment 47 #

2022/0219(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. The report shall build on consultations of Member States and key stakeholders and shall, in particular, assess the progress made towards the achievement of the objectives set out in Article 3 and be based on a set of key performance indicators that the Commission must adopt by delegated act, no later than 3 months after the entry into force of this Regulation.
2023/02/16
Committee: BUDG
Amendment 48 #

2022/0219(COD)

Proposal for a regulation
Article 13 a (new)
Article 13 a Exercise of Delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 11 and 12 shall be conferred on the Commission for a period of two years from [date of entry into force]. 3. The delegation of power referred to in Articles 11 and 12 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
2023/02/16
Committee: BUDG
Amendment 1 #

2022/0212(BUD)

Draft opinion
Paragraph 1
1. Recalls that the Union Budget for 2023 should address the consequences of Russia’s aggression against Ukraine, by direct support for Ukraine and strengthening the Union’s strategic autonomy, energy independence from fossil fuels and nuclear, and defence capabilities, as well as the secondary consequences such as the all-time high energy prices; stresses that the Union budget for 2023 should ensure that adequate support is provided to the most vulnerable citizens and business that are most effected by the energy crisis and its social and economic consequences, including via dedicated energy efficiency and renewable deployment measures;
2022/09/12
Committee: ITRE
Amendment 4 #

2022/0212(BUD)

Draft opinion
Paragraph 1
1. Calls for the 2023 EU budget to contribute to achieving the priorities set byof the green and digital transition as outlined in the Recovery and Resilience Facility and reflected in the European Semester;
2022/07/25
Committee: ECON
Amendment 6 #

2022/0212(BUD)

Draft opinion
Paragraph 1 a (new)
1 a. Calls for the 2023 Union budget to deliver the ambitions of the European Green Deal and be in line with the Union's climate commitments under the Paris Agreement;
2022/07/25
Committee: ECON
Amendment 10 #

2022/0212(BUD)

Draft opinion
Paragraph 2
2. Considers that the budget should continue to support the post-pandemic recovery, building on the lessons learned from the implementation of the Recovery and Resilience Facility (RRF), in line with the objectives of the European Green Deal and the Sustainable Development Goals;
2022/07/25
Committee: ECON
Amendment 12 #

2022/0212(BUD)

Draft opinion
Paragraph 2
2. Deplores the cuts to the HEU proposed by the Council in its position on the 2023 budget; strongly believes that the Council is undermining the credibility of the Union by cutting the HEU budget while also approving ambitiousch is needed for the implementation of Union climate and digital legislation which will heavily depend on research and innovation delivering new technologiescal and non-technological innovation;
2022/09/12
Committee: ITRE
Amendment 23 #

2022/0212(BUD)

Draft opinion
Paragraph 5 a (new)
5 a. Reiterates its call for the phase-out of harmful subsidies and for coherence between all Union funds and programmes; insists that projects and programmes which are inconsistent with the objective of limiting global warming to under 1.5°C, or with the objective of halting and reversing biodiversity loss, should not be eligible for support under the Union budget;
2022/09/12
Committee: ITRE
Amendment 26 #

2022/0212(BUD)

Draft opinion
Paragraph 4
4. Calls for the provision of adequate resources for the coordination and surveillance of macroeconomic policies, for the fight against financial crime, money laundering and tax evasion, for the implementation of the OECD agreement on corporate taxation, for the enforcement of competition law, and for compliance with the economic governance framework and the European Green Deal;
2022/07/25
Committee: ECON
Amendment 26 #

2022/0212(BUD)

Draft opinion
Paragraph 5 b (new)
5 b. Demands that all energy and infrastructure investments are in line with the Energy Efficiency First Principle and resilient to adverse climate change impacts and as well as the objective of limiting global warming to under 1.5°C; calls for the integration of GHG emissions in the mandatory cost-benefit analysis over the lifecycle of the project against the most likely baseline and the explicit consideration of related additional investments and lock-in effects to avoid stranded assets;
2022/09/12
Committee: ITRE
Amendment 28 #

2022/0212(BUD)

Draft opinion
Paragraph 5 c (new)
5 c. Expects climate and biodiversity mainstreaming targets to be achieved in line with Article 15 of the Inter- institutional Agreement on Budgetary transparency in the Union budget and the European Union Recovery Instrument expenditures; in this regard welcomes the efforts for a more transparent and comprehensive reporting, in particular the clarifications to Climate Mainstreaming in Working Document 1, the relevant chapter in the Statement of Estimates Commission Staff Working Document on Climate Mainstreaming Architecture and emphasises the need carry out sufficient ex-post evaluations and to work on the granularity of the date available; calls on the Commission to address the conclusions of the Court of Auditors regarding overstated climate spending1a; welcomes the reporting on biodiversity- related expenditure and welcomes the publication of the study that will underpin the biodiversity tracking methodology and the shift towards outcome indicators and the forecast for reaching the mainstreaming targets as agreed in the IIA, expresses concern about the possibility that the 2026 and 2027 targets might not be reached and calls on the Commission to enhance its efforts to reach the targets; _________________ 1a Special report of the European Court of Auditors: Climate spending in the 2014- 2020 EU budget (https://op.europa.eu/webpub/eca/special- reports/climate-mainstreaming-09- 2022/en/)
2022/09/12
Committee: ITRE
Amendment 29 #

2022/0212(BUD)

Draft opinion
Paragraph 5 d (new)
5 d. Highlights the need to ensure that the do-no-significant-harm principle is mainstreamed in all Union activities through the budgetary implementation as agreed in the IIA and welcomes the Commission proposal for amending the Financial Regulation to include the do- no-significant-harm principle in line with the Union’s commitment to sustainable financing and the green transition; calls on the Commission to monitor the proper implementation of the do-no-significant- harm principle and to take immediate corrective measures if and when needed;
2022/09/12
Committee: ITRE
Amendment 30 #

2022/0212(BUD)

Draft opinion
Paragraph 5 e (new)
5 e. Welcomes the gender-budgeting classification undertaken by the Commission and expresses the need to work further on the analysis of the 0*programs as well as the methodology to track the implementation of the third gender action plan.
2022/09/12
Committee: ITRE
Amendment 43 #

2022/0212(BUD)

Draft opinion
Paragraph 7 a (new)
7 a. Underlines the need for adequate resources for producing and disseminating high-quality statistics in Europe; stresses that, despite some progress, there are still significant weaknesses and gaps in the usability, coverage and accessibility of statistics and urgent action is needed; considers therefore that part of the budget should be kept in reserve until Eurostat presents an ambitious action plan to sustainably increase the user-friendliness of its website, to ensure the accessibility to data and information in all EU official languages and to develop new statistics and indicators contributing to the implementation of Union policies and priorities;
2022/07/25
Committee: ECON
Amendment 44 #

2022/0212(BUD)

Draft opinion
Paragraph 7 b (new)
7 b. Underlines the importance of adequate resources to support the development of robust and reliable financial and non-financial reporting and auditing standards globally and across the Union; however, believes that part of the allocated budget should be suspended until the IFRS Foundation and the International Accounting Standards Board have properly followed up on the relevant long-standing demands outlined in the European Parliament's own initiative report (2016/2006(INI) - Rapporteur MEP Stolojan);
2022/07/25
Committee: ECON
Amendment 46 #

2022/0212(BUD)

Draft opinion
Paragraph 7 a (new)
7 a. Stresses the need to ensure adequate public funding for EFRAG for its upcoming work on developing EU sustainability reporting standards, which should account for 75% of the total budget related to sustainability matters; highlights that, in order to ensure high quality standards and independence, additional funding should only be released on the condition that EFRAG adopts a clear work plan outlining measures to ensure a proper transparent due process and public oversight, with independence and balanced representation for civil society organisations and trade unions;
2022/07/25
Committee: ECON
Amendment 14 #

2022/0085(COD)

Proposal for a regulation
Recital 8
(8) In order to avoid imposing a disproportionate financial and administrative burden on Union institutions, bodies and agencies, the cybersecurity risk management requirements should be proportionate to the risk presented by the network and information system concerned, taking into account the state of the art of such measures. Each Union institution, body and agency should aim to allocate an adequate percentage ofresources from its IT budget to improve its level of cybersecurity; in the longer term a target in the order of 10% should be pursued and to ensure at least a minimum level of cybersecurity corresponding to the risk assessment. The cost of ensuring cybersecurity is dependent on several factors such as size of the entity, need to ensure specific protections, surface of attacks and threat profile, and include fixed costs and a variable portion. Due to the ever increasing threats, in the longer term up to of 10% of an entity budget could be necessary to ensure an appropriate security level.
2022/06/24
Committee: BUDG
Amendment 18 #

2022/0085(COD)

Proposal for a regulation
Recital 8 a (new)
(8 a) Prior to the allocation of additional staff resources, the Commission should conduct an analysis of the needs, including with regards to the long-term perspective.
2022/06/24
Committee: BUDG
Amendment 21 #

2022/0085(COD)

Proposal for a regulation
Recital 14
(14) In addition to giving CERT-EU more tasks and an expanded role, an Interinstitutional Cybersecurity Board (IICB) should be established, which should facilitate a high common level of cybersecurity among Union institutions, bodies and agencies by monitoring the implementation of this Regulation by the Union institutions, bodies and agencies and by supervising implementation of general priorities and objectives by CERT-EU and providing strategic direction to CERT-EU. The IICB should ensure representation of the institutions and include representatives of agencies and bodies through the Union Agencies Network and enforce a gender balanced appointment procedure. The IICB should require that all its members nominate a gender balanced representation.
2022/06/24
Committee: BUDG
Amendment 22 #

2022/0085(COD)

Proposal for a regulation
Recital 24 a (new)
(24 a) The gender equality and gender balance principles should be applied by all Union institutions, bodies and agencies in their appointment to the CERT-EU as well as in the allocation of their human resources concerning the IT sector and cybersecurity. Targeted training and adequate resources shall be devoted to promoting the employment of women in the area of cybersecurity within all Union institutions, bodies and agencies in order to help to close the digital gender gap.
2022/06/24
Committee: BUDG
Amendment 24 #

2022/0085(COD)

Proposal for a regulation
Article 4 – paragraph 4
4. Each Union institution, body and agency shall have effective mechanisms in place to ensure that an adequate percentage ofresources from the IT budget isare spent on cybersecurity.
2022/06/24
Committee: BUDG
Amendment 25 #

2022/0085(COD)

Proposal for a regulation
Article 4 – paragraph 4 a (new)
4 a. Each Union institution, body and agency shall ensure that the gender equality and gender balance principles apply in their appointments to the CERT- EU as well as in the allocation of their human resources for cyber security. Targeted training and adequate resources shall be devoted to promoting the employment of women in the area of cybersecurity within all Union institutions, bodies and agencies in order to help to close the digital gender gap.
2022/06/24
Committee: BUDG
Amendment 26 #

2022/0085(COD)

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Members may be assisted by an alternate. Other representatives of the organisations listed above or of other Union institutions, bodies and agencies may be invited by the chair to attend IICB meetings without voting power. The nominations of Members shall be made under the application of the principle of gender balance.
2022/06/24
Committee: BUDG
Amendment 27 #

2022/0085(COD)

Proposal for a regulation
Article 12 – paragraph 7 a (new)
7 a. If the demand for chargeable services is higher than CERT-EU’s available resources to provide for these services, CERT-EU shall prioritise demands based on a risk analysis and the risk profile of the institutions, bodies and agencies.
2022/06/24
Committee: BUDG
Amendment 31 #

2022/0085(COD)

Proposal for a regulation
Article 23 – paragraph 1
The Commission shall propose the reallocation of staff and financial resources from relevant Union institutions, bodies and agencies to the Commission budget. Theis reallocation shall be effective at the same time as the first budget adopted following the entry into force of this Regulation. The reallocations shall be made under due consideration of the principle of gender balance.
2022/06/24
Committee: BUDG
Amendment 2 #

2021/2251(INI)

Motion for a resolution
Citation 4 a (new)
— having regard to its resolution of 17 September 2020 on the cultural recovery of Europe (2020/2708(RSP)) and to its resolution of 20 October 2021 on the situation of artists and the cultural recovery in the EU (2020/2261(INI)),
2022/03/21
Committee: BUDGECON
Amendment 96 #

2021/2251(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Underlines the importance of culture for our identity, democracy, society and economy; is concerned that the European cultural and creative sectors, which account for between 4 and 7 % of the EU’s GDP and for about 8.7 million jobs in the EU, were among those hit first and the hardest by the pandemic and will be the last to recover;
2022/03/21
Committee: BUDGECON
Amendment 97 #

2021/2251(INI)

Motion for a resolution
Paragraph 6 b (new)
6 b. Notes the Commission’s approach to incorporate interventions that are not strictly cultural, such as tourism on cultural heritage sites and energy efficiency of cultural buildings, in the calculations of the overall RRF spending on culture; considers that in order to have accurate statistical information and thus a good representation on the Recovery and Resilience Scoreboard website, a swift, detailed and transparent assessment of the data available to clearly indicate the amounts destined to culture;
2022/03/21
Committee: BUDGECON
Amendment 245 #

2021/2251(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Regrets that only 16 Member States have included culture in their NRRPs; fears that this heterogeneity of public investments leads to recovery at different speeds, causing increased disparities within the EU’s cultural ecosystem and thus threatening Europe’s cultural diversity; recalls repeated previous requests by the Parliament and by stakeholders from the cultural and creative sectors, urging the Member States to dedicate at least 2 % of the budget of each national NRRP to culture;
2022/03/21
Committee: BUDGECON
Amendment 250 #

2021/2251(INI)

Motion for a resolution
Paragraph 25 b (new)
25 b. Urges the Member States to put the recovery and resilience of the cultural and creative sectors at the core of their investments into culture, with a particular focus on improving the overall situation and working conditions of authors, performers, artists and all other cultural creators who are the ones to create the cultural works that our democracy, society and economy benefit from;
2022/03/21
Committee: BUDGECON
Amendment 3 #

2021/2162(INI)

Motion for a resolution
Citation 16 a (new)
— having regard to the decision of the European Ombudsman in joint inquiry 853/2020/KR on the European Commission’s decision to award a contract to BlackRock Investment Management to carry out a study on integrating environmental, social and governance (ESG) objectives into EU banking rules,
2021/10/06
Committee: BUDGCONT
Amendment 16 #

2021/2162(INI)

Motion for a resolution
Paragraph 1
1. Notes that the upcoming revision of the Financial Regulation is needed as a consequence of the entry into force of the MFF 2021-2027 package, including NGEU, as well as to ensure the proper implementation of the Inter-Institutional Agreement on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap for the introduction of new own resources, which not only updates legal provisions but also contains significant innovations within the budgetary system;
2021/10/06
Committee: BUDGCONT
Amendment 20 #

2021/2162(INI)

Motion for a resolution
Paragraph 2
2. Believes that the revision should seek to modernise the rules applicable to the EU budget in line with its latest evolutions and in line with the budgetary principles, and to increase parliamentary oversight, transparency, democratic accountability, civic engagement and the ability to respond to citizens’ needs;
2021/10/06
Committee: BUDGCONT
Amendment 24 #

2021/2162(INI)

Motion for a resolution
Paragraph 3
3. Is of the opinion that, while a global overhaul of the rules applicable to the budget is not needed at this time, the Financial Regulation must be subject to targeted improvements and simplifications, in particular where they increase transparency and democratic scrutiny as well as provide for a better implementation of the EU budget;
2021/10/06
Committee: BUDGCONT
Amendment 35 #

2021/2162(INI)

Motion for a resolution
Paragraph 4
4. Notes that the number and scope of off-budget instruments have grown significantly in the past decade, and that NGEU has taken this practice to the next level, by greatly, if temporarily, increasing the magnitude of the EU budget in the form of external assigned revenue, and creating liabilities until 2058 through borrowing for lending and borrowing for direct EU expenditure; warns that these developments put at risk central budgetary principles such as unity and budgetary accuracy, equilibrium and universality;
2021/10/06
Committee: BUDGCONT
Amendment 43 #

2021/2162(INI)

Motion for a resolution
Paragraph 5
5. Is concerned that these mechanismusing externally assigned revenues pose a serious challenge to the ability of the Parliament to fulfil its decision-making, scrutiny and discharge functions; strongly believes thatreminds of the Joint Declaration and reaffirms that it expects EU financial rules musto be updated as regards the role of the budgetary authority in relation to these mechanisms, in order to bring them closer to the principles and responsibilities set out in the Treaties;
2021/10/06
Committee: BUDGCONT
Amendment 50 #

2021/2162(INI)

Motion for a resolution
Paragraph 6
6. Believes that Parliament, as one arm of the budgetary authority, should be able to scrutinise and authorise as appropriate the Commission’s plans with respect to the management of external assigned revenue and of its borrowing and lending operations; suggests that relevant articles of the Financial Regulation, including Articles 7, 46 and 56, be revised to clarify that assets and liabilities linked to borrowing and lending operations are included in the EU budget, thus fully under the control and reporting of the European Court of Auditors;
2021/10/06
Committee: BUDGCONT
Amendment 66 #

2021/2162(INI)

Motion for a resolution
Paragraph 9
9. Emphasises the clear linkrelationship between respect for the rule of law and the efficient implementation of the Union budget in accordance with the principles of sound financial management: economy, efficiency and effectiveness, as laid down in the Financial Regulation; highlights in this regard that fraudulent and corrupt practices by definition violate sound financial management as defined in Article 33 (1) of the Financial Regulation with regard to economy and efficiency given that such practices are directly at odds with assuring the best quantity, quality at the best price, and with achieving the optimal relationship between resources employed and objectives achieved; recalls that, upon adoption of the Conditionality Regulation, Parliament, the Council and the Commission agreed to consider including the content of the Conditionality Regulation into the Financial Regulation upon its next revision, and calls on the Commission to include this in the revision linked to the 2021-2027 MFF; calls on the Commission to examine possibilities to further strengthen coherence between the two instruments in particular, to ensure sound financial management; believes that the Commission should pay particular attention to the effects of Member States not fulfilling their duties as laid down in Article 63(2) with a particular focus on preventive ex-ante measures;
2021/10/06
Committee: BUDGCONT
Amendment 73 #

2021/2162(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Stresses the need to protect the EU budget and the EU tax payers' money from any form of conflict of interests; encourages the Commission to further strengthen the conflict of interests provisions under article 61 of the Financial Regulation in particular with regards to the preparation of the budget, e.g. by listing the institutions participating in the preparation of the budget, in order to determine more precisely which public officers can effectively influence financial flows from the EU budget; calls on the Commission to provide for procedural solutions capable of dealing with situations where the public officer does not have a hierarchical superior, in particular by obliging the institution in which the public officer has the possibility of influencing financial flows from the EU budget, to exclude such public person from the activities of the institution relating to the EU budget;
2021/10/06
Committee: BUDGCONT
Amendment 76 #

2021/2162(INI)

Motion for a resolution
Paragraph 10
10. Stresses that it is important to know whow EU funds are spent and who truly benefits from EU funds in order to protect the financial interests of the EU and to detect fraud, corruption and conflicts of interest in particular; notes that data for identifying economic operators and their beneficial owners is not easily, or not at all, accessible12 ; considers that the centralisation of the information in a single, interoperable and user friendly public EU database with information on direct and ultimate beneficiaries, with data accessible in a machine readable format, would overcome the identified fragmentation and lack of transparency as well as enhance public scrutiny and trust in EU public spending; stresses the urgency in establishing transparency for beneficial owners in light of the Pandora Papers; _________________ 12Study on the largest 50 beneficiaries in each EU Member State of CAP and Cohesion Funds, requested by the CONT Committee, PE 679.107 - May 2021.
2021/10/06
Committee: BUDGCONT
Amendment 85 #

2021/2162(INI)

Motion for a resolution
Paragraph 11
11. Emphasises that the Financial Regulation should include provisions that require the responsible actors to gather and keep uniform records of economic operators and beneficial owners in order to allow identification across EU programmes, regardless of who implements these programmes and of management mode; considers that these requirements should be balanced to reflect strictly relevant information items; underlines that data may only be published in line with data protection requirements and the standing jurisprudereflect all relevant information items to enhance of the Court of Justice of the European Union; considers that compulsory information items collected for audit and control purposes need to include as a minimum the registration number of legal entities, national identification number for natural persons, an indication of the type of beneficiary, sub-contractors, beneficial owners, whether the beneficiary also receives State aid and contact information; underlines that the system needs to facilitate the aggregation of individual amounts concerning the same direct or ultimate beneficiary; considers that publicly accessible systems should facilitate both individual searches through a web-based tool and systemic analysis through bulk downloadsmmission’s capability and capacity to detect fraud;
2021/10/06
Committee: BUDGCONT
Amendment 89 #

2021/2162(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Underlines that data should be published openly as a general principle, while respecting data protection requirements and the standing jurisprudence of the Court of Justice of the European Union; considers that compulsory information items collected for audit and control purposes need to include as a minimum the registration number of legal entities, national identification number for natural persons, the relevant code or uniquely identifying specific EU funding program, an indication of the type of beneficiary, sub- contractors, beneficial owners, whether the beneficiary also receives State aid and contact information; stresses that the database should not be exclusively self- regulated but datasets should be created by the Commission or an external authority in order to ensure coherent and high-quality data;
2021/10/06
Committee: BUDGCONT
Amendment 91 #

2021/2162(INI)

Motion for a resolution
Paragraph 11 b (new)
11 b. Underlines that the system needs to facilitate the aggregation of individual amounts concerning the same direct or ultimate beneficiary; considers that publicly accessible systems should facilitate both individual searches through a web-based tool and systemic analysis through bulk downloads in machine readable and interoperable format; Stresses that standardised, open data across the full cycle of all procurements including the ultimate beneficiaries of contracted companies, will provide civil society and nongovernmental actors with the complement of tools and required information to monitor the integrity, fairness and efficiency of public procurement markets;
2021/10/06
Committee: BUDGCONT
Amendment 94 #

2021/2162(INI)

Motion for a resolution
Paragraph 12
12. Considers that Article 63 of the Financial Regulation should be modified to include ARACHNE as a compulsory risk scoring tool made available by the Commission to Member States and other implementing partners and to oblige implementing partners to feed information into it; considers that the Financial Regulation should also indicate which indicators ARACHNE uses to determine the risk score of economic operators; considers that any additional administrative burden, from inserting information multiple times in various IT systems, including ARACHNE, must be avoidedalls for maximum interoperability between ARACHNE and the different implementing software used; stresses the importance of the full ownership and operational rights of ARACHNE tool and calls on the Commission to consider moving the tool’s management fully in-house;
2021/10/06
Committee: BUDGCONT
Amendment 95 #

2021/2162(INI)

Motion for a resolution
Paragraph 13
13. CallRecalls that a high-level panel has been established to assess this in 2018 and calls for its findings to be presented to the Parliament before the Commission makes a proposal to update the Financial Regulation; insists for the use of the Early Detection and Exclusion System (EDES) to be made compulsory also under shared management; further notes that EDES does not distinguish between subsidiaries of larger corporations; calls on the Commission to make this distinction and to specify in the rules for early detection and for exclusion which entity of a multi- national or multi-company corporation is registered for early detection or exclusion; calls for the obligation to update EDES once fraud or other relevant facts have been established by actors involved in the implementation; believes that legal entities or natural persons disqualified through EDES could no longer be a final recipient or beneficiary to whom any payments from the EU budget are owned; further calls on the Commission to encourage the Member States that these entities or natural persons are also excluded from any contributions from national-budgets;
2021/10/06
Committee: BUDGCONT
Amendment 101 #

2021/2162(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Calls for the inclusion of the obligatory publication of all tenders in the scope of the Financial Regulation in machine readable open formats to improve tracking and delivery of public contracts, adding automated indicators of risks to identify areas where increased control is needed and the publication of comprehensive and standardised information across the public procurement cycle in open data formats by including public procurement information into the list of "High-Value datasets" under the Directive on open data and the re-use of public sector information;
2021/10/06
Committee: BUDGCONT
Amendment 112 #

2021/2162(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Calls for the inclusion of the implementation of the do no harm principle in the Financial Regulation; stresses that the guidance published for the RRF should be seen as the standard for all other expenditure of the same nature; reminds that the implementation of the principle as regards biodiversity must go beyond the full respect of relevant EU acquis;
2021/10/06
Committee: BUDGCONT
Amendment 118 #

2021/2162(INI)

Motion for a resolution
Paragraph 15
15. Suggests that the re-use of decommitted appropriations as a result of full or partial non-implementation of projects pursuant to Article 15(3) of the Financial Regulation should be extended beyond research and innovation, to include all appropriations that support social policies, youth and humanitarian aid; believes that decommitted appropriations should be made available in their entirety the year following that of their decommitment;
2021/10/06
Committee: BUDGCONT
Amendment 125 #

2021/2162(INI)

Motion for a resolution
Paragraph 16
16. Suggests that the Financial Regulation be revised to guarantee the appropriate role of Parliament in the setting up and scrutiny of any new trust funds, including in the drawing up of the constitutive agreement and the mobilisation of the Union’s contribution, the implementation, continuation and possible liquidation;
2021/10/06
Committee: BUDGCONT
Amendment 129 #

2021/2162(INI)

Motion for a resolution
Paragraph 17
17. Notes that the Commission’s Vademecum on public procurement was last updated in January 2020; notes that the current definition of ‘professional conflict of interest’ is limited to a conflicting interest that affects the capacity of an economic operator to perform a contract; calls on the Commission to provide for a more explicit definition and to ensure that its implementation rules on public procurement do not permit the awarding of policy-related service contracts to undertakings that are under the economic control of a parent company or a group that owns shares related to activities that are not in line with the EU’s environmental, social and Green Deal objectives; calls for including the safeguards in public procurement to reject companies whose activities contradict social and environmental objectives of the European Union;
2021/10/06
Committee: BUDGCONT
Amendment 132 #

2021/2162(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Recalls the European Ombudsman’s decision1a in the case of the European Commission's decision to award a contract for a study on integrating environmental, social and governance objectives into EU banking rules to BlackRock Investment Management; stresses the need to ensure that similar conflicts of interest do not arise in the future; encourages the Commission to make proposals to update and strengthen the applicable rules in the EU Financial Regulation in order to address this type of possible conflicts of interest and to further increase the transparency of the tender procedures; _________________ 1a https://www.ombudsman.europa.eu/en/de cision/en/135363
2021/10/06
Committee: BUDGCONT
Amendment 135 #

2021/2162(INI)

Motion for a resolution
Paragraph 17 b (new)
17 b. Insists that the Commission follow the suggestion made by the European Ombudsman1b to amend recital 104 and article 167 of the Financial Regulation to provide a definition of ‘professional conflicting interest’ so as to ensure that EU institutions, including the European Commission, exclude bidders with a direct or indirect financial interest in a policy- related service contract. In the same vein, the Commission should provide corresponding and clear guidelines on possible conflicts of interests to assist its staff dealing with public procurement procedures for policy-related service contracts; _________________ 1bIn her decision in joint inquiry 853/2020/KR on the European Commission’s decision to award a contract to BlackRock Investment Management to carry out a study on integrating environmental, social and governance (ESG) objectives into EU banking rules
2021/10/06
Committee: BUDGCONT
Amendment 136 #

2021/2162(INI)

Motion for a resolution
Paragraph 17 c (new)
17 c. Calls for a clear definition of professional conflicting interests that would include a conflict on the ground of a direct or indirect financial interest; stresses the need of assessing indirect financial or economic interests in policy related service contracts; calls for a revision of the Vademecum to reject bidders with a direct or indirect financial stake in the policy area concerned;
2021/10/06
Committee: BUDGCONT
Amendment 144 #

2021/2162(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Recalls that the three institutions acknowledge that the existing rules on audits and discharge procedure apply to assigned revenue and calls for this to be properly reflected in the Financial Regulation;
2021/10/06
Committee: BUDGCONT
Amendment 145 #

2021/2162(INI)

Motion for a resolution
Paragraph 19 b (new)
19 b. Recalls that according to Article 118(9) of the Financial Regulation, reports and findings of the internal auditor shall be accessible to the public only after validation by the internal auditor of the action taken for their implementation; regrets that in practice, this results in (Parliament’s) audit reports only being published several years after their finalisation; calls for the respective provision in the Financial Regulation to be reformulated in a way that would see the institutions publish its internal audit reports without any limitations due to any later validation process that in fact represents a follow-up to the original report;
2021/10/06
Committee: BUDGCONT
Amendment 146 #

2021/2162(INI)

Motion for a resolution
Paragraph 19 c (new)
19 c. Considers it regrettable that audit and contradictory procedures, as well as procedures on the application of financial correction, currently stretch out over several years; urges the Commission to revise the rules of audit and financial correction procedures to allow for more timely conclusions and recovery of unduly paid out EU funds;
2021/10/06
Committee: BUDGCONT
Amendment 152 #

2021/2162(INI)

Motion for a resolution
Paragraph 23
23. Encourages the Commission and Member States to exploit the opportunities for simplified cost options to their full potential; considers that the focus of checks should be on ex ante verification of the calculations of the simplified cost options, while ex post verifications should be used to improve the system of calculation, except in cases of suspected fraud;
2021/10/06
Committee: BUDGCONT
Amendment 2 #

2021/2010(INI)

Draft opinion
Paragraph 1
1. Welcomes the Interinstitutional Agreement on budgetary cooperation 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 of 16 December 2020 (IIA) and; recalls the European Commission’s legally binding commitment towards the introduction of an EU present a legal proposal concerning a digital levy as an new own resources by June 2021;stresses the Parliament, Council and European Commission’s legally binding commitment to introduce it at the latest by 1 January 2023;
2021/03/01
Committee: BUDG
Amendment 8 #

2021/2010(INI)

Draft opinion
Paragraph 2
2. Regrets the OECD’s failure to find consensus on digital taxation by the end of 2020 as planned; stresses that in the absence of a fair taxation in the digital economy at global level, the EU must lead the way and ensure that such a taxation is implemented at the EU level; recalls that on average, digital businesses face an effective tax rate of only 9.5%, compared to 23.2% for traditional business models1a; _________________ 1a Computations from the Impact Assessment of the European Commission, based on ZEW (2016, 2017) and ZEW et al.(2017).
2021/03/01
Committee: BUDG
Amendment 17 #

2021/2010(INI)

Draft opinion
Paragraph 3
3. Stresses that the IIA binds the Council, Parliament and the Commission to irreversibly move forward withcreate and implement an EU digital levy that will entirely enter the long-term EU budget as an own resource; underlines that, irrespective of whether the ground rules will be determined at OECD or EU level, revenues generated by digital taxation in the Member States will entirely become an own resource;
2021/03/01
Committee: BUDG
Amendment 23 #

2021/2010(INI)

Draft opinion
Paragraph 4
4. Reiterates that the EU digital levy will counter tax base erosion, ensure a level playing field and improve tax fairness by capturing mobile bases; considers that its revenues would be intricately linked to the open borders of the single market and the ‘digital UnStresses that the digital sector multinational enterprises do not currently pay the level of tax that they should owe, and that on average they pay less than non-digital companies, while both benefit from local non-economic factors (infrastructure, education level...); Reiterates that the EU digital levy will counter tax base erosion, ensure a level playing field, secure a fair contribution from a sector which benefited from theCovid-19 outbreak and ensure tax fairness by capturing mobile bases and putting an end to double non-taxation;
2021/03/01
Committee: BUDG
Amendment 32 #

2021/2010(INI)

Draft opinion
Paragraph 5
5. Maintains that the EU digital levy will be part of a basket of new own resources whose proceeds will be sufficient to cover, at least, and through the long- term EU budget, the repayment costs of the EU Recovery Instrument’s grants component, expected to be around EUR 15 billion per year on average and EUR 29.25 billion maximum per year from 2028 until 2058, while avoiding a reduction in expenditure for EU programmes and possibly reduce the GNI-based contribution and/or allow for a bigger EU budget in the forthcoming Multiannual Financial Frameworks; notes that the revenue is estimated to be in the range of several billion euros to several tens of billions of euros depending on, among other factors, the taxable revenues, the taxable entity, the place of taxation, the calculation and the rate of tax; warns against to a narrow definition of the problems at stake and as a result designing targeted rules for certain businesses only;
2021/03/01
Committee: BUDG
Amendment 39 #

2021/2010(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Welcomes the OECD approach to go beyond the “arm’s length principle”, and towards a unitary enterprise principle by focusing on the global profits of multinational enterprises; expects this approach to be firmly stated and to set a minimum tax rate at 25% in order to match the effective tax rate for traditional businesses in EU Member states2b and to avoid a fiscal race to the bottom; _________________ 2b https://ec.europa.eu/taxation_customs/site s/taxation/files/communication_taxation_ digital_single_market_en.pdf
2021/03/01
Committee: BUDG
Amendment 44 #

2021/2010(INI)

Draft opinion
Paragraph 5 b (new)
5 b. Recalls that digital businesses are among companies that registered excess profits during the COVID-19 pandemic compared with previous years; highlights that the EU need to recover from the COVID-19 crisis and repay the NGEU and the mobilisation of revenues from under-taxed sectors is therefore much needed;
2021/03/01
Committee: BUDG
Amendment 48 #

2021/2010(INI)

Draft opinion
Paragraph 5 c (new)
5 c. Insist on the fact that introducing a EU-wide digital tax would help on fighting against tax avoidance and tax fraud and therefore protect the financial interest of the EU;
2021/03/01
Committee: BUDG
Amendment 49 #

2021/2010(INI)

Draft opinion
Paragraph 5 d (new)
5 d. Firmly insists on the fact that introducing the digital tax should not in any way come at the detriment of the fulfilment of the objectives as set out in the IIA and the adoption of the other own resources included in it; believes that a harmonised minimum corporate tax system, through the introduction of the CCCTB, would benefit all businesses and especially SMEs by ensuring a level- playing field; calls for the introduction of the CCCTB even before the current envisaged date of 2026;
2021/03/01
Committee: BUDG
Amendment 5 #

2021/0429R(APP)

Proposal for a regulation
Recital 3
(3) The introduction of EU emissions trading for the buildings and road transport sectors, as set out in Directive 2003/87/EC of the European Parliament and of the Council2, may give rise to short term social impacts. To address this challenge, Regulation (EU) [XXX] final of the European Parliament and of the Council established3 a Social Climate Fund, to be financed by the general budget of the Union under the multiannual financial framework. The ceiling for commitment appropriations of heading 3, ‘Natural Resources and Environment’, and the ceiling for payment appropriations should therefore be adapted for the years 2024, 2025, 2026 and 2027. In the event of a higher carbon price above EUR 48/tonne3a , an additional allocation should be made available for the Social Climate Fund on an annual basis commensurately with the increase of the carbon price, in order to further support vulnerable households and users of transport in the transition towards climate neutrality. Such annual reinforcements should be accommodated within the MFF by means of an automatic carbon price fluctuation adjustment of the ceiling for commitment appropriations of heading 3, ‘Natural Resources and Environment’, and the ceiling for payment appropriations. ____________________ 2 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32). 3 OJ […], […], p. […]. 3a SWD(2021) 601 final PART 1/4 p. 121
2022/07/20
Committee: BUDG
Amendment 6 #

2021/0429R(APP)

Proposal for a regulation
Article 1 – paragraph 2 a (new)
(2a) the following Article 4b is inserted: ‘Article 4b Specific annual adjustment based on carbon price fluctuation 1. Starting in 2025, an annual upward adjustment to the expenditure ceiling for the commitment appropriations of heading 3 and to the ceiling for payment appropriations for the current year shall be made in the event that the average carbon price calculated in year n- 1 is higher than 48 EUR/tonne based on the average price. 2. The annual upward adjustment referred to in paragraph 1 of this Article shall be equivalent to the amount calculated by multiplying the annual allocation deriving from the financial envelope set out in Article 9 of Regulation (EU) [XXX] of the European Parliament and of the Council establishing a Social Climate Fund by the percentage by which the average carbon price calculated in year n-1 exceeded 48 EUR/tonne.’
2022/07/13
Committee: BUDG
Amendment 1 #

2021/0227(BUD)

Draft opinion
Paragraph 1
1. Welcomes the draft budget for 2022 as the first general budget with full implementation of the MFF Agreement, with the highest including the relative share of climate- relevant EU expenditure to date and a significantand the contribution to the EU’s digital transition; considersstresses again that theis budget should be fully aligned with the Paris Agreement and the European Green Deal, ultimately contributing to achieve the revised 2030 EU climate, energy and environmental targets and the objective of making the EU climate-neutral by 2050 at the latest and, in turn, prompting the updated New Industrial Strategy; stresses that 2022 should be a year for boosting a rapid recovery for a socially, environmentally and economically resilient Europe;
2021/09/06
Committee: ITRE
Amendment 4 #

2021/0227(BUD)

Draft opinion
Paragraph 1 a (new)
1 a. Urges, in light of the climate emergency and the alarming findings of the 6th IPCC Assessment Report, for a substantial increase of the climate expenditure in the 2022 budget and to use available margins and flexibility instruments to strengthen the Union’s programmes supporting the ecological, energy and resource-efficient transition; believes, moreover, that the Union funds spent for harmful projects or false climate solutions, such as ITER, which has accumulated substantial technological delays and costs overruns, should be redirected into the development and deployment of energy- and resource- efficiency measures and sustainable renewable energy solutions that are already available or will be available in the near future in order to deliver the EU climate and energy goals;
2021/09/06
Committee: ITRE
Amendment 7 #

2021/0227(BUD)

Draft opinion
Paragraph 1 b (new)
1 b. Reiterates its call for the phase-out of harmful subsidies and for coherence between all Union funds and programmes; insists that projects and programmes which are inconsistent with the objective of limiting global warming to under 1.5oC, or with the objective of halting and reversing biodiversity loss, should not be eligible for support under the Union budget;
2021/09/06
Committee: ITRE
Amendment 10 #

2021/0227(BUD)

Draft opinion
Paragraph 1 c (new)
1 c. Demands that all infrastructure investments are in line with the ‘energy efficiency first’ principle and resilient to adverse climate change impacts, and that they contribute to the objective of limiting global warming to under 1.5 C; calls for the integration of GHG emissions in the mandatory cost-benefit analysis over the lifecycle of the project against the most likely baseline and the explicit consideration of related additional investments and lock-in effects to avoid stranded assets;
2021/09/06
Committee: ITRE
Amendment 12 #

2021/0227(BUD)

Draft opinion
Paragraph 1 d (new)
1 d. Welcomes the dedicated focus in the Commission's performance reporting on climate and biodiversity mainstreaming and calls on the Commission to refine and develop it further; reminds the Commission to fully involve the Parliament; emphasizes that the Commission needs to establish the effective methodology, in particular for tracking halting and reversing biodiversity loss, before the presentation of the draft budget for 2023 in order to ensure that the target set out in the IIA of 16 December 2020 for 2024 can be met effectively; reminds that the implementation of the principle as regards biodiversity must go beyond the full respect of relevant Union acquis; calls on the Commission to assess whether the national recovery and resilience plans collectively put the Union on track towards achieving the 7,5% biodiversity spending target by 2024 (and 10% in 2026 and 2027) and to report the assessment to Parliament;
2021/09/06
Committee: ITRE
Amendment 14 #

2021/0227(BUD)

Draft opinion
Paragraph 1 e (new)
1 e. Reminds that the implementation of the Green New Deal requires the MFF and NGEU funding to be awarded exclusively to activities in line with the 'do no significant harm' principle and consistent with the Paris Agreement goal to limit the temperature rise to under 1.5oC; expects that the next performance report includes details on how the Union budget contributes to the Green New Deal, in particular though the implementation of the 'do no significant harm principle'; stresses that the guidance published for the RRF should be seen as the standard for all other expenditures of the same nature, in particular must serve as a basis for the partnership agreements;
2021/09/06
Committee: ITRE
Amendment 17 #

2021/0227(BUD)

Draft opinion
Paragraph 1 f (new)
1 f. Underlines the importance of enhancing the protection of the Union budget and NGEU against fraud and irregularities; welcomes the introduction of standardised measures to collect, compare and aggregate information and figures on the final beneficiaries of Union funding, including on beneficial owners of the recipients and contractors; calls on the Commission to ensure full application of these new measures on all levels of budget implementation and to monitor closely their effectiveness in view of detecting fraud;
2021/09/06
Committee: ITRE
Amendment 22 #

2021/0227(BUD)

Draft opinion
Paragraph 2
2. Highlights the need to further support research and innovation in the context ofas a driver for prosperity in the context of the recovery from the current pandemic and the EU’s green and digital ambitions; Calls for making available to Horizon Europe Programme the research decommitments from 2020 in line with Article 15(3) of the Financial Regulation; calls for the expenditure on health research from the Union budget to be at least equal to that in the 2021 general budget, given the evolving pandemic situation; calls for allocation of Next Generation EU funds to sectors hard hit by the crisis and to instruments that can contribute directly to the recovery of the European economy; while spurring the ecological and sustainable digital transition of the European economy; believes that the digital transition should itself facilitate and contribute to the green transition and highlights the importance of further greening of the ICT sector;
2021/09/06
Committee: ITRE
Amendment 33 #

2021/0227(BUD)

Draft opinion
Paragraph 3
3. Regrets the lack of ambition of draft budget for 2022 in regards to SME policy; underlines that withoute need for additional support it will not be possible to address adequately the severe, long-term consequences of the crisis on SMEs.and to enable SMEs and micro-enterprises in particular to take full advantage of the opportunities arising from the Green Deal and to successfully and swiftly take up green practices, products, processes and services;
2021/09/06
Committee: ITRE
Amendment 38 #

2021/0227(BUD)

Draft opinion
Paragraph 4
4. Calls for sufficient staffing for all agencies in line with their tasks and responsibilities; underlines in particular the need to substantially reinforce ACER, EUSPA and the EIT which have been understaffed for many years while more tasks were conferred to them through recent legislation; welcomes the addition of new establishment plan posts in the EUSPA, but calls for a gradual reduction of external personnel in order to prevent disruptions in security related activities.
2021/09/06
Committee: ITRE
Amendment 39 #

2021/0227(BUD)

Draft opinion
Paragraph 4 a (new)
4 a. Recalls its plea for promoting gender equality and equal rights and opportunities for all in the Union budget; highlights that special efforts are needed to ensure that the Union budget catalyses gender-equal ecological and sustainable digital transitions; stresses the importance of targeting, in particular, the field of science, technology, engineering and mathematics (STEM) and the field of ICT and space sectors; expects the commission to swiftly come up with its methodology to measure the contribution of each relevant programme to gender equality, in line with the inter-institutional Agreement accompanying the 2021-2027 MFF, taking on board the European Court of Auditors' recommendations1a; _________________ 1aSpecial report N10/2021:"Gender mainstreaming in the EU budget:time to turn words into action. https://www.eca.europa.eu/Lists/ECADoc uments/SR21_10/SR_Gender_mainstream ing_EN.pdf
2021/09/06
Committee: ITRE
Amendment 37 #

2021/0211(COD)

Proposal for a directive
Recital 52
(52) The introduction of the carbon price in road transport and buildings should be accompanied by effective social compensation, especially in view of the already existing levels of energy poverty. About 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6,9 % of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey60 . To achieve an effective social and distributional compensation, Member States should be required to spend the auction revenues on the climate and energy-related purposes already specified for the existing emissions trading, but also for measures added specifically to address related concerns for the new sectors of road transport and buildings, including related policy measures under Directive 2012/27/EU of the European Parliament and of the Council61 . Auction revenues should be used to address social aspects of the emission trading for the new sectors with a specific emphasis in vulnerable households, micro-enterprises and transport users. In this spirit, a new Social Climate Fund will provide dedicated funding to Member States to support the European citizens most affected or at risk of energy or mobility poverty. The Social Climate Fund should be an integral part of the Union budget in order to preserve the unity of the budget and the coherence with Union policies, and to ensure that there is effective control by the budgetary authority, composed of the Parliament and the Council. This Fund will promote fairness and solidarity between and within Member States while mitigating the risk of energy and mobility poverty during the transition. It will build on and complement existing solidarity mechanisms. The resources of the new Fund will in principle correspond to 25 % of the expected revenues from new emission trading in the period 2026-2032, and will be implemented on the basis of the Social Climate Plans that Member States should put forward under Regulation (EU) 20…/nn of the European Parliament and the Council62 . The Social Climate Fund should be frontloaded for the period of MFF 2021-2027 and use 100% of the ETS revenues for its financing. In addition, each Member State should use their auction revenues inter alia to finance a part of the costs of their Social Climate Plans. _________________ 60 Data from 2018. Eurostat, SILC [ilc_mdes01]. 61 Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1–56). 62 [Add ref to the Regulation establishing the Social Climate Fund].
2022/02/22
Committee: BUDG
Amendment 179 #

2021/0210(COD)

Proposal for a regulation
Recital 2 a (new)
(2 a) Methane is a powerful greenhouse gas, over 80 times more potent than CO2 over a 20-year period, making it the second most important greenhouse gas, as well as a precursor pollutant to ground- level ozone (O3) contributing to about a quarter of the global warming experienced today. Pathways modelled by the 1,5°C Special Report of the Intergovernmental Panel on Climate Change (IPCC), the IPCC Sixth Assessment Report and the 2021 Global Methane Assessment of the UN Environment Programme (UNEP) that limit global warming to 1,5°C with no or limited overshoot involve deep reductions in methane emissions. Therefore in order to adequately capture the short-term climate forcing effects of methane, and thus accurately account for the climate impact of the use of fossil liquified natural gas in the shipping sector over the envisaged timeframe of implementation of this Regulation, the use of a Global Warming Potential (GWP) value of methane over a 20-year time horizon (GWP20) is considered more appropriate than over a 100-year time. Therefore the total GHG intensity of LNG should be calculated using GWP20 value = 82.5, as defined in the IPCC 6th Assessment Report.
2022/02/18
Committee: ITRE
Amendment 227 #

2021/0210(COD)

Proposal for a regulation
Recital 18
(18) A comprehensive approach on all the most relevant GHG emissions (CO2, BC,CH4 and N2O) is necessary to promote the use of energy sources providing a lower GHG footprint overall. In order to reflect the global warming potential of black carbon, methane and nitrous oxides, the reference value and the limits set by this Regulation should therefore be expressed in terms of ‘CO2 equivalent’. The reference value should be published by the European Commission no later than December 2022 and should correspond to the fleet average greenhouse gas intensity of the energy used on-board by ships in 2020determined on the basis of data monitored and reported in the framework of Regulation (EU) 2015/757 and using the methodology and default values laid down in Annex I and Annex II to this Regulation.
2022/02/18
Committee: ITRE
Amendment 307 #

2021/0210(COD)

Proposal for a regulation
Article 4 – paragraph 2 – indent 1
— -2 4.4 % from 1 January 2025;
2022/02/18
Committee: ITRE
Amendment 309 #

2021/0210(COD)

Proposal for a regulation
Article 4 – paragraph 2 – indent 2
— -6 22.4 % from 1 January 2030;
2022/02/18
Committee: ITRE
Amendment 311 #

2021/0210(COD)

Proposal for a regulation
Article 4 – paragraph 2 – indent 3
— -13 75.4 % from 1 January 2035;
2022/02/18
Committee: ITRE
Amendment 322 #

2021/0210(COD)

2 a. From 1 January 2030, ships that do not have any other more energy efficient renewable-based solutions to decarbonise their operations, shall meet at least 14% of their yearly average energy used on-board during a reporting period with RFNBOs .
2022/02/18
Committee: ITRE
Amendment 25 #

2021/0206(COD)

Proposal for a regulation
Recital 8
(8) Those amendments have differing economic and social impacts on the different sectors of the economy, on the citizens, and the Member States. In particular, the inclusion of greenhouse gas emissions from buildEradicating energy and mobility poverty across the Union is an essential part of the EU Green Deal’s objective of ensurings and road transport into the scope of Directive 2003/87/EC of the European Parliament and the Council31 should provide an additional economic incentive just transition where no one is left behind. A wide range of EU funding instruments, including the Cohesion Funds, the Recovery and Resilience Facility, and revenues currently generated by the EU ETS, are available for Member States to invest into the reduction of fossil fuel consumption and thereby accelerate the reduction of greenhouse gas emissions. Combined with other measures, this should, in the medium to long term, reduce the costs for buildings and road transport, and provide new opportunities for job creation and investment. _________________ 31 Directive 2003/87/EC of the European Parliament and ofdeep renovation of buildings, the creation of quality green jobs as well as the development of the necessary skills for the green and digital transition, the decarbonisation of the transport sector and in greater access to public, shared soft mobility. A particular attention is required for the most disadvantaged groups as well as the Chouncil of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union (OJ L 275, 25.10.2003, p. 32)seholds in situation of mobility and energy poverty to ensure that they actually benefit from the implementation of those funding instruments.
2022/03/02
Committee: BUDG
Amendment 29 #

2021/0206(COD)

Proposal for a regulation
Recital 9
(9) However, resources are needed to finance those investments. In addition, before they have taken place, the cost supported by households and transport users for heating, cooling and cooking, as well as for road transport, is likely to increase as fuel suppliers subject to the obligations under the emission trading for buildings and road transport pass on costs on carbon to the consumers.igh fossil gas prices causing extreme price spikes in certain Member States in the 2021/2022 heating season, aggravated by import dependencies and war, have exposed once more the EU dependence on imported fossil gas for its industries and households, especially felt by the poorest of society. Investments in energy efficiency measures, as well as renewable energy based heating systems, including with electric heat pumps, heating and cooling at district level and participation in renewable energy communities, are hence the most cost- effective method of reducing import dependency and emissions while increasing EU resilience. Notably in the group of poorest households explicit funding schemes are necessary to ensure compliances with the afore-mentioned principles
2022/03/02
Committee: BUDG
Amendment 34 #

2021/0206(COD)

Proposal for a regulation
Recital 11
(11) Therefore, a part of the revenues generated by the inclusion of building and road transport into the scope of Directive 2003/87/EC should be used to address the social impacts arising from that inclusion, for the transition to be just and inclusive, leaving no one behind.deleted
2022/03/02
Committee: BUDG
Amendment 38 #

2021/0206(COD)

Proposal for a regulation
Recital 13
(13) A Social Climate (‘the Fund’) should therefore be established to provide funds to the Member States to support their policies to address the social impacts of the emissions trading for buildings and road transport on vulnerable houseThe Union and its Member States will not be able to meet their climate and environmental objectives without properly addressing energy and mobility poverty. Yet there is currently no standard Union- level definitions of energy and mobility poverty across the Union, and only one third of Member States have adopted a national definition of energy poverty. As a result, no transparent and comparable data on energy and mobility poverty in the Union is currently available, hindering the possibility to effectively monitor progress at national level to eradicate energy and mobility poverty. A Social Climate Fund (‘the Fund’) shoulds, vulnerable micro-enterprises and vulnerable transport users therefore be established to support Member States in their efforts to eradicate energy and mobility poverty. This should be achieved notably through temporary income support andadaptive measures and investments with lasting impact intended to reduce reliance on fossil fuels through increased energy efficiency of buildings, decarbonisation of heating and coolfocusing particularly on those living in the worst performing of buildings, including the integration of energy from renewable so and in social housing, increased access to renewable energy for heating and cooling, as well as measurces, and granting improved access to zero- and low-emissionemission sustainable mobility and public transport to the benefit of vulnerable households, vulnerable micro-enterpin particular for those living in rural, insular and less accessible areas for the less developed regions and territorises and vulnerable transport user, including less developed peri- urban areas.
2022/03/02
Committee: BUDG
Amendment 55 #

2021/0206(COD)

Proposal for a regulation
Recital 17 a (new)
(17a) Respect for fundamental rights and compliance with the Charter of Fundamental Rights of the European Union, should be ensured throughout the preparation, evaluation, implementation and monitoring of eligible projects under the Fund. The Fund should contribute to eliminating inequalities, promoting gender equality and integrating the gender perspective, as well as combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation as set out in Article 2 of the Treaty on European Union (TEU), Article 10 TFEU and Article 21 of the Charter of Fundamental Rights of the European Union. All stakeholders involved at all stages of implementation of the Facility should commit to promote equality, and in particular, ensure that the impact on women is taken into account, given that women are disproportionately impacted by the transition process.
2022/03/02
Committee: BUDG
Amendment 56 #

2021/0206(COD)

Proposal for a regulation
Recital 18
(18) Taking into account the importance of tackling climate changeand environmental emergency in line with Paris Agreement commitments, and the commitment to the United Nations Sustainable Development Goals, the actions under this Regulation should contribute to the achievement ofbe additional to the target that at least 30% of all expenditure under the 2021- 2027 multiannual financial framework should be spent on mainstreaming climate objectives and should contributebe additional to the ambition of providing 10% of annual spending to biodiversity objectives in 2026 and 2027, while considering the existing overlaps between climate and biodiversity goals. For this purpose, the methodology set out in Annex II of Regulation (EU) 2021/1060 of the European Parliament and of the Council33 should be used to tag the expenditures of the Fund. The Fund should support activities that fully respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning ofechnical screening criteria established by the Commission in accordance with Article 170(3) of Regulation (EU) 2020/852 of the European Parliament and of the Council34 . Only such measures for the relevandt investments should be included in the Plans. Direct income support measures should as a rule be considered as having an insignificant foreseeable impact on environmental objectives, and as such be considered compliant with the principle of ‘do no significant harm’. The Commission intends to issue technical guidance to the Member States well ahead of the preparation of the Plans. The guidance will explain how the measures and investments must comply with the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/852. The Commission intends to present in 2021 a proposal for a Council Recommendation on how to address the social aspects of the green transitioneligible under the Fund. Only such measures and investments should be included in the Plans. The Commission shall adopt a delegated act to specify eligibility criteria for those activities for which technical screening criteria have not yet been developed under Regulation (EU) 2020/852. _________________ 33 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159). 34 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
2022/03/02
Committee: BUDG
Amendment 61 #

2021/0206(COD)

Proposal for a regulation
Recital 19
(19) Women are particularly affected by carbon pricing as they represent 85% of single parent families. Single parent familiesdisproportionately affected by energy and mobility poverty. Single parent families of which 85% are women have a particularly high risk of child poverty, energy poverty and mobility poverty. Gender equality and equal opportunities for all, and the mainstreaming of those objectives, as well as questions of accessibility for persons with disabilities should be taken into account and promoted throughout the preparation and implementation of Plans to ensure no one is left behind.
2022/03/02
Committee: BUDG
Amendment 69 #

2021/0206(COD)

Proposal for a regulation
Recital 22 a (new)
(22a) The adoption by Member States of legally binding targets and measures for the phase out of all fossil fuels in a timeframe consistent with the objective of limiting global warming to 1.5°C above pre-industrial levels, including the phase out of solid fossil fuels by 2030 at the latest and of fossil gas by 2040 is a precondition to access the SCF.
2022/03/02
Committee: BUDG
Amendment 73 #

2021/0206(COD)

Proposal for a regulation
Recital 23
(23) The financial envelope of the Fund should, in principle, be commensurate to amounts corresponding to 25% of the expected annual revenues from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC in the period 2026-2032. Pursuant to Council Decision (EU, Euratom) 2020/205341, Member States should make those revenues available to the Union budget as own resources. Member States are to finance 50% of the total costs of their Plan themselves. For this purpose, as well as for investment and measures to accelerate and alleviate the required transition for citizens negatively affected, Member States should inter alia useauctioning of allowances from Chapter II and III of Directive 2003/87/EC in the period as of 2024. Member States are to finance 50% of the total costs of their Plan themselves. The financing of the Fund should not come at their expected revenues from emissions trading for buildings and road transport under Directive 2003/87/EC for that purpose. _________________ 41 Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L 424, 15.12.2020, p. 1)nse of other Union programmes and policies.
2022/03/02
Committee: BUDG
Amendment 83 #

2021/0206(COD)

Proposal for a regulation
Recital 29 a (new)
(29a) All Member States benefitting from the Social Climate Fund have an obligation to respect the fundamental values enshrined in Article 2 of the Treaty on European Union. Respect for the rule of law is an essential precondition for compliance with the principles of sound financial management enshrined in Article 317 TFEU. The Commission should ensure the effective implementation of the horizontal rules for the protection of the Union budget in the case of breaches of the principles of the rule of law in the Member States in accordance with Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council1a. Where it is established that breaches of the principles of the rule of law in a Member State affect or seriously risk affecting the sound financial management of the Social Climate Fund or the protection of the financial interests of the Union in a sufficiently direct way, the Commission should take the necessary measures, which may include, among others, a suspension of payments, termination of the legal commitment within the meaning of the Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council1b, a prohibition on entering into such legal commitments, or a suspension of the disbursement of instalments. When the Commission decides, in accordance with Regulation (EU, Euratom) 2020/2092, on a repayment, reduction or termination of the legal commitment or financial allocation, these amounts should be proportionally allocated to all other Member States. _________________ 1a Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (OJ L 433I, 22.12.2020, p. 1). 1b Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
2022/03/02
Committee: BUDG
Amendment 90 #

2021/0206(COD)

Proposal for a regulation
Article 1 – paragraph 3
The measures and investments supported by the Fund shall directly benefit households, micro- in enterprises and transport users, which are vulnerable and particularly affected by the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC, especially households in energy poverty and citizens without public transport alternative to individual cars (in remote and rural areas)gy poverty and people facing mobility poverty, in particular households in energy poverty living in worst performing buildings or in social housing, as well as people living in rural, insular, mountainous, and remote areas, including peri-urban areas, with low or no access to basic services or public transport.
2022/03/02
Committee: BUDG
Amendment 91 #

2021/0206(COD)

Proposal for a regulation
Article 1 – paragraph 4
The general objective of the Fund is to contribute to theaccelerate the green transition towards a climate -neutrality by add, sustainable, non-toxic, resource-efficient, renewable energy- based, ressing the social impacts of the inclusion of greenhouse gas emissions from buildings and road transpolient and competitive circular economy in a just, equitable and inclusive way by 2050 at the latest , in line with the Union’s commitments under the Paris Agreement, the European Pillar of Social Rights and the UN Sustainable Development Goals, while leaving no one behind, and to contribute to eradicating energy and mobility poverty into the scope of Directive 2003/87/ECUnion and its Member States. The specific objective of the Fund is to support vulnerable households, vulnerable micro-contribute to eradicate enterprises and vulnerable transport users through temporary direct income support and through measures and investments intended to increase energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sourcegy and mobility poverty across the Union, through targeted measures and investments intended to phase out the reliance on fossil fuels, increase energy efficiency of buildings, combined with access to renewable energy sources for heating and cooling of buildings, and granting improved access to zero- and low-emission mobility and transportsustainable mobility solution and integrated mobility services.
2022/03/02
Committee: BUDG
Amendment 120 #

2021/0206(COD)

Proposal for a regulation
Article 3 a (new)
Article 3a Process for developing Social Climate Plans 1. Member States shall prepare a Social Climate Plan as referred to in Article 3of this Regulation in parallel to the update of the integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/1999 in accordance with the procedure and timeline laid down in that Article for the initial plan, in order to maximise the synergies and complementarities between the two plans. Member States shall take duly into account for all updates the integrated national energy and climate plans and any relevant Commission recommendations published thereafter. 2. In accordance with the Partnership and the multi-level governance principles, and without prejudice to any other Union law requirements, each Member State shall ensure that the public is given early and effective opportunities to participate in the preparation of the Social Climate Plan in a timely manner. In the preparation of the draft and final Social Climate Plans: (a) Public participation in the preparation of the Social Climate Plans should, as a minimum, include open public consultation when all options are still open and set reasonable time frames allowing sufficient time for the public to be informed, to participate effectively and express its views and in line with the principles set out under Article 8 of the Common Provisions Framework of Regulation (EU) 2021/1060. Each Member State shall make environmental information public as soon as possible and ensure that the public is informed in an adequate, timely and effective manner. (b) Each Member State shall report on the outcome of each public consultation in a public report summarising the issues that were addressed, the groups that were consulted, the recommendations that were made by the public and stakeholders, and the steps that they intend to take in response. Where recommendations made by the public are not implemented, Member States shall explain the reasons why. 3. In addition to the public consultation requirements set out in paragraph 2, the Member States will ensure that the following partners have participated in the preparation of the Social Climate Plans: (a) regional, local and other public authorities; (b) economic and social partners; (c) relevant bodies representing civil society, such as environmental partners, non-governmental organisations, and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non-discrimination; (d) research organisations and universities, where appropriate; (e) groups and households facing energy and mobility poverty. Where necessary, the Member States will provide capacity building support to ensure the effective engagement of the partners listed in this sub-paragraph. Technical assistance and capacity building for inclusive and meaningful participation can be resourced through pre-financing, covered under Article 13a. 4. Each Member State shall attach to the submission of the Social Climate Plans to the Commission, in accordance with Article 3(1), a summary of the consultation process, the outcome of each public consultation and the issues that were addressed, the groups that were consulted, the recommendations that were made, and the steps intended to take in response. Where recommendations made are not implemented, Member States shall explain the reasons why and shall publish the explanation. In so far as Directive 2001/42/EC is applicable, consultations undertaken on the draft in accordance with that Directive shall be deemed to satisfy the obligations to consult the public under this Regulation.
2022/03/02
Committee: BUDG
Amendment 121 #

2021/0206(COD)

Proposal for a regulation
Article 3 b (new)
Article 3b Access to Justice 1. Member States shall ensure that, in accordance with their national legal system, members of the public concerned have access to a review procedure before a court of law or other independent and impartial body established by law with a view to challenging the substantive or procedural legality of decisions, acts or omissions subject to Articles 3-6, 8,10,14, 17 and 22 of this Regulation; or to Article 10 of Regulation (EU) 2018/1999 when one of the following conditions is met: (i) they have a sufficient interest; (ii) they claim the impairment of a right where administrative procedural law of a Member State requires such a right to be a precondition. 2. Member States shall determine the stage at which decisions, acts or omissions may be challenged. 3. Member States shall determine what constitutes a sufficient interest and impairment of a right, consistent with the objective of giving the public concerned wide access to justice. To that end, non- governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed as having a sufficient interest or having rights capable of being impaired for the purpose of paragraph 1 of this Article. 4. This Article shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law. Any such procedure shall be fair, equitable, timely and not prohibitively expensive. 5. Member States shall ensure that practical information is made easily available to the public on access to administrative and judicial review procedures.
2022/03/02
Committee: BUDG
Amendment 130 #

2021/0206(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point e
(e) envisaged milestones, and targets to eradicate energy and mobility poverty, and an indicative timetable for the implementation of the measures and investments to be completed by 31 July 2032each biennial integrated national energy and climate progress report pursuant to Article 23, and at the end of each multiannual financial framework;
2022/03/02
Committee: BUDG
Amendment 137 #

2021/0206(COD)

Proposal for a regulation
Article 4 a (new)
Article 4a Biannual progress report 1. In the context of the biennial integrated national energy and climate progress reports referred to in Article17 of Regulation (EU) 2018/1999, Member States shall report on the number of households in situation of energy and transport poverty, and on progress towards the milestones and targets referred to in point (e) of Article 4(2). 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 25 to supplement this Regulation in order to set out the structure, format and technical details of this reporting.
2022/03/02
Committee: BUDG
Amendment 138 #

2021/0206(COD)

Proposal for a regulation
Article 4 b (new)
Article 4b Respect of Fundamental Right Respect for fundamental and human rights and compliance with the European Convention on Human Rights, the Charter of Fundamental Rights of the EU, the ILO Conventions and the International Bill of Human Rights shall be ensured throughout the preparation, implementation, monitoring and evaluation of the Fund. The measures and investments financed by the Fund shall respect the principle of non-discrimination on the grounds of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation throughout their preparation and implementation and ensure, where relevant, the accessibility for persons with disabilities. The measures and investments supported by the Fund shall respect the principle of gender equality and address energy poverty and mobility poverty from a gender-sensitive perspective.
2022/03/02
Committee: BUDG
Amendment 153 #

2021/0206(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. The financial envelope for the implementation of the Fund for the period 20254-2027 shall be EUR 23 7at least EUR 48 500 000 000 in current prices.
2022/03/02
Committee: BUDG
Amendment 156 #

2021/0206(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. The financial envelope for the implementation of the Fund for the period 2028-2032 shall be EUR 48 500 000 000 in current prices, subject to the availability of the amounts under the annual ceilings of the applicable multiannual financial framework referred to in Article 312 TFEUdetermined during the negotiations of the next multiannual financial framework, but shall not be set at a level lower than EUR 48 500 000 000.
2022/03/02
Committee: BUDG
Amendment 159 #

2021/0206(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Resources allocated to Member States under shared management may, at their request, be transferred to the Fund subject to the conditions set out in the relevant provisions of Regulation (EU) 2021/1060. The Commission shall implement those resources directly in accordance with Article 62(1), first subparagraph, point (a) of Regulation (EU, Euratom) 2018/1046. Those resources shall be used exclusively for the benefit of the Member State concerned.deleted
2022/03/02
Committee: BUDG
Amendment 170 #

2021/0206(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a – point i
(i) whether the Plan represents a response to the social impact on and challenges faced by vulnerable households, vulnerable micro-enterprises and vulnerable transport users in the Member State concerned from establishing the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/EC, especially households in energy poverty, duly taking into account the challenges identified in the assessments of the Commission of the update of the concerned Member State’s integrated national energy and climate plan and of its progress pursuant to Article 9(3), and Articles 13 and 29 of Regulation (EU) 2018/1999, as well as in the Commission recommendations to Member States issued pursuant to Article 34 of Regulation (EU) 2018/1999 in view of the long-term objective of climate neutrality in the Union by 2050. This shall take into account the specific challenges and the financial allocation of the Member State concerned;
2022/03/02
Committee: BUDG
Amendment 181 #

2021/0206(COD)

Proposal for a regulation
Article 17 – paragraph 1
1. Where a Social Climate Plan, including relevant milestones and targets, is no longer achievable, either in whole or in part, by the Member State concerned because of objective circumstances, in particular because of the actual direct effects of the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/EC, the Member State concerned may submit to the Commission an amendment of its Plan to include the necessary and duly justified changes. Member States may request technical support for the preparation of such request.
2022/03/02
Committee: BUDG
Amendment 184 #

2021/0206(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. By 15 March 2027 each Member State concerned shall assess the appropriateness of its Plans in view of the actual direct effects of the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/087/ECobjective to eradicate energy poverty and mobility poverty, while meeting the Union energy and climate targets. Those assessments shall be submitted to the Commission as part of the biennial progress reporting pursuant to Article 17 of Regulation (EU) 2018/1999.
2022/03/02
Committee: BUDG
Amendment 188 #

2021/0206(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. After the Commission has adopted a decision as referred to in Article 16, it shall in due time conclude an agreement with the Member State concerned constituting an individual legal commitment within the meaning of Regulation (EU, Euratom) 2018/1046 covering the period 2025-2027. That agreement may be concluded at the earliest one year befrom the entry into force the year of the start of the aucof this Regulations under Chapter IVa of Directive 2003/87/ECtil 2027.
2022/03/02
Committee: BUDG
Amendment 192 #

2021/0206(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point f
(f) in 2027, an assessment of the Plan referred to in Article 17(5) in view of the actual direct effects of the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/087/EC;
2022/03/02
Committee: BUDG
Amendment 194 #

2021/0206(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. By 1 July 20286, the Commission shall provide the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions with an evaluation report on the implementation and functioning of the Fund until that date, taking into account in particular the results of the first reports submitted by the Member States.
2022/03/02
Committee: BUDG
Amendment 195 #

2021/0206(COD)

Proposal for a regulation
Article 24 – paragraph 1 a (new)
1a. No later than 1 June 2024, the Commission shall submit to the European Parliament, the Council and the European Economic and Social Committee and the Committee of the Regions a report based on an in-depth analysis to assess the need and feasibility of introducing a climate dividend in the form of a direct per capita refund of any additional revenues generated through carbon taxing or similar measures and how such climate dividend would benefit the most vulnerable people and groups affected by energy and transport poverty. The report shall be accompanied, if appropriate, by a legislative proposal.
2022/03/02
Committee: BUDG
Amendment 197 #

2021/0206(COD)

Proposal for a regulation
Article 24 – paragraph 3
3. The evaluation report shall, in particular, assess to which extent the objectives of the Fund laid down in Article 1 have been achieved, the efficiency of the use of the resources and the Union added value. It shall consider the continued relevance of all objectives and actions set out in Article 6 in light of the impact on greenhouse gas emissions from the emission trading system for buildings and road transport pursuant to Chapter IVa of Directive 2003/87/EC and from the national measures taken to meet the binding annual greenhouse gas emission reductions by Member States pursuant to Regulation (EU) 2018/842 of the European Parliament and of the Council63 . It shall also consider the continued relevance of the financial envelope of the Fund in relation to possible developments concerning the auctioning of allowances under the emission trading system for buildings and road transport pursuant to Chapter IVa of Directive 2003/87/EC and other relevant considerations. _________________ 63 Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and ameevolution of the situation of energy and mobility poverty across the Union as reported by Member States pursuant to Article 4a, the updated integrated national energy and climate plans submitted in accordance with Article 14 of Regulation (EU) 2018/1999 and progress towards the implementation of the objectives of the EU Pillar of Social Rights. It shall also consider the continued relevance of the financial envelope of the Fund ing Regu relation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26-42).to those developments
2022/03/02
Committee: BUDG
Amendment 200 #

2021/0206(COD)

Proposal for a regulation
Article 26 – paragraph 2
It shall apply from the date by which the Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Directive (EU) [yyyy/nnn] of the European Parliament and the Council64 amending Directive 2003/87/EC as regards Chapter IVa of Directive 2003/87/EC. _________________ 64 [Directive (EU) yyyy/nnn of the European Parliament and of the Council…. (OJ …..).] [Directive amending Directive 2003/87/EC]deleted
2022/03/02
Committee: BUDG
Amendment 147 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 4
4. In the case of credit agreements in the form of overrunning, only Articles 1, 2 and 3, Article 25, Articles 35 and 36, Article 39 and Articles 41 to 50 shall apply.
2022/02/28
Committee: ECON
Amendment 149 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 4 a (new)
4a. Notwithstanding paragraph 2, Member states may determine this Directive applies to credit agreements involving a total amount of credit of more than EUR 100 000.
2022/02/28
Committee: ECON
Amendment 160 #

2021/0171(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 5
(5) ‘total cost of the credit to the consumer’ means all the costs, including interest, commissions, taxes and any other kind of fees which the consumer is required to pay in connection with the credit agreement or crowdfunding credit services and which are known to the creditor, in the case of credit agreements, or to the crowdfunding credit services provider, in the case of crowdfunding credit services, except for notarial costs; costs in respect of ancillary services relating to the credit agreement or crowdfunding credit services are also included in the total cost of the credit to the consumer where, in addition, the conclusion of a contract regarding such ancillary services is compulsory in order to obtain the credit or to obtain it on the terms and conditions marketed;
2022/02/28
Committee: ECON
Amendment 164 #

2021/0171(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 25
(25) ‘debt advisory services’ means personalised assistance of a technical, legal or psychological nature provided by independent professional operators which are not creditors, credit intermediaries, providers of crowdfunding credit services or credit servicers, in favour of consumers who experience or might experience difficulties in meeting their financial commitments;
2022/02/28
Committee: ECON
Amendment 174 #

2021/0171(COD)

Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
1. Member States shall require that advertising concerning credit agreements or crowdfunding credit services which indicates an interest rate or any figures relating to the cost of the credit to the consumer include standard information in accordance with this Article.
2022/02/28
Committee: ECON
Amendment 177 #

2021/0171(COD)

Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2
This obligation shall not apply where national law requires the indication of the annual percentage rate of charge in advertising concerning credit agreements or crowdfunding credit services which does not indicate an interest rate or any figures relating to any cost of credit to the consumer within the meaning of the first subparagraph.deleted
2022/02/28
Committee: ECON
Amendment 181 #

2021/0171(COD)

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 – point f a (new)
(fa) information regarding possible consequences of missed payments, including any interest or charges applicable for late payments;
2022/02/28
Committee: ECON
Amendment 183 #

2021/0171(COD)

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 – point f b (new)
(fb) a prominent, clearly visible warning to make consumers aware that borrowing costs money.
2022/02/28
Committee: ECON
Amendment 185 #

2021/0171(COD)

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 3 (new)
The European Banking Authority (EBA) shall develop draft regulatory technical standards that specify the format and presentation of the information contained in points (c), (f) and (h). Power is delegated to the Commission to adopt the regulatory technical standards referred to in the third subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010
2022/02/28
Committee: ECON
Amendment 190 #

2021/0171(COD)

Proposal for a directive
Article 8 – paragraph 3 a (new)
3a. Member States shall prohibit advertising for consumer credit products which: (a) incites over-indebted consumers to seek credit; (b) highlights the ease or speed with which credit can be obtained; (c) states that a promotion is conditional upon taking up credit; (d) specifies that outstanding credit contracts have little or no influence on the assessment of a credit application; (e) suggests that success, social achievement or specific skills can be acquired thanks to credit agreements; (f) offer “grace periods” for the repayment of credit instalments of more than three months
2022/02/28
Committee: ECON
Amendment 205 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – point s
(s) the consumer's rightreditor’s obligation, as set out in paragraph 8, to be supplied, on request andprovide 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;
2022/02/28
Committee: ECON
Amendment 217 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 4 – point f
(f) explanation on the consequences, including the costs in the case of missing or late payments;
2022/02/28
Committee: ECON
Amendment 218 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 4 – point f a (new)
(fa) information about the right of withdrawal.
2022/02/28
Committee: ECON
Amendment 222 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 5 – subparagraph 2
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. The European Banking Authority (EBA) shall develop draft regulatory technical standards to specify the format and presentation of the Standard European Consumer Credit Information form and the Standard Consumer Credit Overview form. Power is delegated to the Commission to adopt by XX the regulatory technical standards referred to in the third subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010
2022/02/28
Committee: ECON
Amendment 223 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 6
6. By way of derogation from paragraph 3, in the case of voice telephony communications, as referred to in Article 3(3) of Directive 2002/65/EC, the description of the main characteristics of the financial service to be provided pursuant to Article 3(3), point (b), second indent, of that Directive shall include at least the elements referred to in paragraph 3, points (c), (d), (e), (f) and (i) of this Article, together with the annual percentage rate of charge illustrated by means of a representative example and the total amount payable by the consumer.deleted
2022/02/28
Committee: ECON
Amendment 226 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 7
7. If theA credit agreement hascannot been concluded at the consumer's request usingusing exclusively 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 servicesArticle.
2022/02/28
Committee: ECON
Amendment 229 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 8
8. Upon request from the consumer, tThe 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. The provision of the credit offer shall oblige the creditor to maintain its terms and conditions for a minimum of 14 days from the date of receipt by the consumer.
2022/02/28
Committee: ECON
Amendment 232 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 10
10. This Article shall not applyies to suppliers of goods or services acting as credit intermediaries in an ancillary capacity. This is without prejudice to the creditor, or where applicable, credit intermediary or provider of crowdfunding credit services’ obligation to ensure that the consumer receives the pre-contractual information referred to in this Article.
2022/02/28
Committee: ECON
Amendment 245 #

2021/0171(COD)

Proposal for a directive
Article 13 – paragraph 1
Member States shall require that creditors, credit intermediaries and providers of crowdfunding credit services explicitly inform consumers when they are presented with a personalised offer that is based on profiling or other types of automated processing of personal data. Such personalised offer shall not be based on personal data other than financially related data as defined in Article 18 paragraph 2.
2022/02/28
Committee: ECON
Amendment 250 #

2021/0171(COD)

Proposal for a directive
Article 14 – paragraph 2
2. By way of derogation from paragraph 1 and without prejudice to the application of competition law, Member States may allow creditors or providers of crowdfunding credit services to request the consumer to open or maintain a payment or a savings account, where the only purpose of such an account is one of the following: (a) credit; (b) (c) credit: (d) to provide additional security for the creditor in the event of default.deleted to accumulate capital to repay the to service the credit; to pool resources to obtain the
2022/02/28
Committee: ECON
Amendment 251 #

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, result in a clear benefit to the consumers taking due account of the availability and the prices of the relevant products offered on the market.deleted
2022/02/28
Committee: ECON
Amendment 258 #

2021/0171(COD)

Proposal for a directive
Article 14 – paragraph 4
4. Member States may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services, taking into account proportionality considerations. In such cases, Member States shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed, without modifying the condition of the credit offering to the consumer. In addition, creditors or providers of crowdfunding credit services should not be permitted to offer a relevant insurance policy related to the credit agreement of crowdfunding credit services before a 7-day cooling off period in order to ensure that the consumer is able to compare offers.
2022/02/28
Committee: ECON
Amendment 262 #

2021/0171(COD)

Proposal for a directive
Article 16 – paragraph 4 – subparagraph 1
4. Member States mayshall prohibit the use of the terms ‘advice’ and ‘advisor’ or similar terms when the advisory services are being marketed and provided to consumers by creditors or, where applicable, credit intermediaries or providers of crowdfunding credit services.
2022/02/28
Committee: ECON
Amendment 263 #

2021/0171(COD)

Proposal for a directive
Article 16 – paragraph 4 – subparagraph 2 – introductory part
Where Member States do not prohibit the use of the terms ‘advice’ and ‘advisor’ or similar terms, they shall impose the following conditions on the use of the term ‘independent advice’ or ‘independent advisor’ by creditors, credit intermediaries or providers of crowdfunding credit services providing advisory services:
2022/02/28
Committee: ECON
Amendment 267 #

2021/0171(COD)

Proposal for a directive
Article 16 – paragraph 4 – subparagraph 2 – point a
(a) creditors and, where applicable, credit intermediaries or providers of crowdfunding credit services shall consider a sufficiently large number of credit agreements or crowdfunding credit services available on the market;
2022/02/28
Committee: ECON
Amendment 271 #

2021/0171(COD)

Proposal for a directive
Article 16 – paragraph 4 – subparagraph 4
Member States mayshall impose more stringent requirements for the use of the terms ‘independent advice’ or ‘independent advisor’ by creditors and, where applicable, credit intermediaries or providers of crowdfunding credit servic intermediaries.
2022/02/28
Committee: ECON
Amendment 281 #

2021/0171(COD)

Proposal for a directive
Article 17 – paragraph 1
Member States shall prohibit any offer or sale of credit to consumers, without their prior request and explicit agreement.
2022/02/28
Committee: ECON
Amendment 292 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 1- subparagraph 1 a (new)
The creditor shall make reasonable allowances for committed and other non- discretionary expenditures such as the consumers’ actual obligations, including appropriate substantiation and consideration of the living expenses of the consumer and his/her household. The assessment shall ensure that the agreed credit does not put the consumer in financial difficulty and allows the consumer to maintain a minimum standard of living. The creditor shall make prudent allowances for potential negative scenarios in the future, including for example, a reduced income; or where applicable, an increase in the borrowing rate or negative change in the exchange rate, or deferred payments of principal or interest. Member States shall ensure that credit intermediaries accurately transmit to the creditor information obtained from the consumer so that the creditworthiness assessment can be carried out.
2022/02/28
Committee: ECON
Amendment 294 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
2. The assessment of creditworthiness referred to in Article 8 shall be carried out exclusively 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 commitments. The information shall be obtained from relevant internal or external sources, including the consumer and, where necessary, on the basis of a consultation of a database referred to in Article 19. the following information: – evidence of identification; – evidence of residence; – where applicable, information on the purpose of the loan; – where applicable, evidence of eligibility for the purposes of the loan; – evidence of employment, including the type, sector, status (e.g. full-time, part- time, contractor, self-employed) and duration; – evidence of income or other sources of repayment (including annual bonus, commission, overtime, where applicable) covering a reasonable period, including payslips, current bank account statements, and audited or professionally verified accounts (for self-employed persons); – information on financial assets and liabilities, e.g. savings account statements and loan statements indicating outstanding loan balances; – information on other financial commitments, such as child maintenance, education fees and alimonies, if relevant; – information on household composition and dependants; – evidence of tax status; – where applicable, evidence of life insurance for the named borrowers; – where applicable, data from credit registers or credit information bureaux or other relevant databases, covering the information on financial liabilities and arrears in payment; – information on the collateral, if any; – evidence of ownership of the collateral; – evidence of the value of the collateral; – evidence of insurance of the collateral; – information on guarantees, other credit risk mitigating factors and guarantors, if any; – rental agreement or evidence of potential rental income for buy-to-let loans, if any; – permissions and cost estimates, if applicable, for real estate building and improvement loans.
2022/02/28
Committee: ECON
Amendment 301 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2
The information obtained in accordance with this paragraph shall be appropriately verifitaken into account shall be necessary, sufficient and proportionate to assess the re-payment capacity of the consumer, in line with the data minimisation principle of Regulation (EU) 2016/679 (GDPR). In addition, the information taken into account shall be relevant, up-to-date, complete and accurate. Data other than the categories of data listed above, and in line with Article 9(1) of Regulation (EU) 2016/679 (GDPR), data on racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, data concerning health or data concerning a natural person's sex life or sexual orientation shall not be processed nor used to perform creditworthiness assessments. The information shall be obtained from relevant internal or external sources, including the consumer and, where necessary, but not exclusively, on the basis of a consultation of a database referred to in Article 19 subject to the consumer’s prior information by the creditor and consent in line with Regulation (EU) 2016/679 (GDPR), and the consumer’s payment account, subject to the consumer’s consent as defined in Directive (EU) 2015/2366 on payment services in the internal market (PSD 2). The information obtained cannot only be based on consumer declarations and should be accompanied by supporting evidence. Appropriate checks are required, where necessary through reference to independently verifiable documentation.
2022/02/28
Committee: ECON
Amendment 315 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 4 – subparagraph 2
Notwithstanding the first subparagraphs, 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 not likely to be met in the manner required under that agreement, the creditor or the provider of crowdfunding credit services may exceptionally make credit available to the consumer in specific and well justified circumstances. in the following circumstances: – loans to fund exceptional healthcare expenses, or – students loans or – loans for consumers with disabilities. The relevant circumstance should be duly documented by the creditor or the provider of crowdfunding credit services, and include an assessment of the consumer’s repayment capacity.
2022/02/28
Committee: ECON
Amendment 335 #

2021/0171(COD)

Proposal for a directive
Article 19 – paragraph 3
3. The databases referred to in paragraph 1 shall hold at least information on consumers’ arrears in payment. repayment behaviour on their existing financial agreements, including arrears, where permitted under national legal frameworks and Regulation (EU) 2016/679. Database providers shall not collect information other than that authorised under Article 18(2).
2022/02/28
Committee: ECON
Amendment 341 #

2021/0171(COD)

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point v a (new)
(va) the relevant contact details of debt- advisory services and a recommendation for the consumer to contact such services in case of re-payment difficulties.
2022/02/28
Committee: ECON
Amendment 374 #

2021/0171(COD)

Proposal for a directive
Article 29 – paragraph 4 – point b
(b) the creditor may exceptionally claim higher compensation if the creditor can prove that the loss suffered due to early repayment exceeds the amount determined in accordance with paragraph 2.deleted
2022/02/28
Committee: ECON
Amendment 388 #

2021/0171(COD)

Proposal for a directive
Article 31 – paragraph 1 – introductory part
1. Member States shall introduce caps on one or more of the following:
2022/02/28
Committee: ECON
Amendment 393 #

2021/0171(COD)

Proposal for a directive
Article 31 – paragraph 1 – point a
(a) interest rates applicable to credit agreements or to crowdfunding credit services;deleted
2022/02/28
Committee: ECON
Amendment 397 #

2021/0171(COD)

Proposal for a directive
Article 31 – paragraph 1 – point c
(c) the total cost of the credit to the consumer.deleted
2022/02/28
Committee: ECON
Amendment 402 #

2021/0171(COD)

Proposal for a directive
Article 31 – paragraph 2 a (new)
2a. The EBA shall develop draft regulatory technical standards on the methodology to calculate the APRC caps connected to the main categories of credit products falling under scope of this Directive in each Member State taking into account certain national specificities including current APRC or interest rate caps. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.
2022/02/28
Committee: ECON
Amendment 404 #

2021/0171(COD)

Proposal for a directive
Article 31 a (new)
Article 31a Environmental sustainable loans 1. Member States shall ensure that without prejudice to their obligation under Article 18 of this Directive a large number of creditors offer as part of their portfolios environmentally sustainable consumer credit products. 2. The EBA shall conduct a survey of environmentally sustainable consumer credit products offered for sale across the EU. On this basis, the EBA, along with stakeholders from the industry, consumer and environment representatives, shall develop a range of standardised environmentally sustainable consumer credit products, based on criteria consistent with the EU taxonomy on sustainable finance. 3. Member States shall set up qualitative and where relevant, quantitative targets to support the development and the integrity of creditors’ environmentally sustainable lending activities. 4. Member States shall ensure that independent and impartial one-stop shop platforms are set up, available both physically and online, to provide independent technical advice, assistance and support to consumers on environmentally sustainable lending. Such platforms may be the same as those defined in the Article 21 of the Energy Efficiency Directive. 5. Creditor shall inform consumers about the existence of such platforms when presenting them with green loan offers, before the conclusion of a credit agreement.
2022/02/28
Committee: ECON
Amendment 415 #

2021/0171(COD)

Proposal for a directive
Article 32 – paragraph 5 a (new)
5a. Member states shall ensure that creditors or credit servicers send the consumer before any debt collection a mandatory notification that provides without any ambivalence evidence of the debt, relied on a credit agreement. The debt notification must be exclusively made by a letter to the borrower in a white envelope without any specific writing and with acknowledgment of receipt. The notification shall not exceed 3 pages and include in clear and understandable for the general public language at least the following: (a) the evidence of the debt, relied on a credit contract (b) the identification of the creditor including its contact details; (c) where relevant, the identification of the credit servicer and its rights d. the legal base of the debts, the detailed amounts requested, and their source (capital, interest, penalties, procedural costs) (d) a key selection of borrowers’ rights description, including necessarily the protection against harassment and misleading behaviours; (e) a contact reference where to receive information and advice for borrowers under payment difficulties;
2022/02/28
Committee: ECON
Amendment 416 #

2021/0171(COD)

Proposal for a directive
Article 32 – paragraph 5 b (new)
5b. Member states shall ensure that no behaviour or practice causes damage to consumers’ privacy.
2022/02/28
Committee: ECON
Amendment 417 #

2021/0171(COD)

Proposal for a directive
Article 32 – paragraph 5 c (new)
5c. Member states shall ensure that creditors or credit servicers refrain from: (a) omitting to deduct previous payments from the requested amount; (b) sending stigmatising, intimidating or misleading communications, including improper legal threats or information that may be misleading for the borrower; (c) contacting other persons than the borrower including borrowers’ relatives.
2022/02/28
Committee: ECON
Amendment 418 #

2021/0171(COD)

Proposal for a directive
Article 32 – paragraph 5 d (new)
5d. The European Banking Authority shall develop regulatory technical standards to specify the standards under paragraph 5c. EBA shall submit those draft regulatory technical standards to the Commission by [12 months after the date of entry into force]. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010 5. EBA shall develop draft implementing technical standards that specify the mandatory format of the notification under paragraph 5a. EBA shall submit those draft implementing technical standards to the Commission by 12 months from the entry into force of the Directive.
2022/02/28
Committee: ECON
Amendment 427 #

2021/0171(COD)

Proposal for a directive
Article 35 – paragraph 1 – introductory part
1. Member States shall require creditors to have adequate policies and procedures so that they make efforts to exercise, where appropriate,exercise reasonable forbearance before enforcement proceed consumers experiencing payment difficulties followings are initiatedn affordability assessment. Such forbearance measures shall be communicated to consumers in a standardised format take into account, among other elements, the consumer’s circumstances and mayshall consist in, among other possibilities :
2022/02/28
Committee: ECON
Amendment 428 #

2021/0171(COD)

Proposal for a directive
Article 35 – paragraph 1 – point b – introductory part
(b) a modification of the existing terms and conditions of a credit agreement, which mayshall include among others:
2022/02/28
Committee: ECON
Amendment 429 #

2021/0171(COD)

Proposal for a directive
Article 35 – paragraph 1 – point b – point iv
(iv) changreducing the interest rate;
2022/02/28
Committee: ECON
Amendment 433 #

2021/0171(COD)

Proposal for a directive
Article 35 – paragraph 2
2. The list of potential measures in paragraph 1, point (b), is without prejudice to rules set out in national law and does not require Member States to provide for all of those measuresadditional measures set out in national law.
2022/02/28
Committee: ECON
Amendment 437 #

2021/0171(COD)

Proposal for a directive
Article 35 – paragraph 4
4. Member States may allow creditors to impose additional charges on the consumer in the event of default. In that case Member States shall introduce a cap on those charges.deleted
2022/02/28
Committee: ECON
Amendment 439 #

2021/0171(COD)

Proposal for a directive
Article 35 – paragraph 5 a (new)
5a. Credit institutions and other creditors shall submit a report to competent authorities on a yearly basis summarising their sound forbearance policies and processes including procedures to detect, as early as possible, borrowers under payment difficulties. The report shall include a summary of the number of borrowers having benefited from forbearance measures and the modalities of forbearance measures that were effective during the previous year. The management body should approve this information prior to submission to competent authorities.
2022/02/28
Committee: ECON
Amendment 440 #

2021/0171(COD)

Proposal for a directive
Article 35 – paragraph 5 b (new)
5b. EBA shall draft regulatory technical standards for specifying: (i) the affordability assessment (ii) measures referred to under paragraph 1 and (iii) consumers in payment difficulties. Power is delegated to the Commission to adopt these regulatory technical standards by [1 year after entry into force of this Directive]
2022/02/28
Committee: ECON
Amendment 29 #

2021/0045(COD)

Proposal for a regulation
Recital 8
(8) A common, harmonised approach should be employed for ensuring that users of terrestrial public mobile communication networks when travelling within the Union do not pay excessive prices for Union-wide roaming services, thereby enhancing competition concerning roaming services between roaming providers, achieving a high level of consumer protection and preserving both incentives for innovation and consumer choice. In view of the cross- border nature of the services concerned, this common approach is needed so that roaming providers can operate within a single coherent regulatory framework based on objectively established criteria.
2021/06/07
Committee: IMCO
Amendment 40 #

2021/0045(COD)

Proposal for a regulation
Recital 19
(19) In accordance withThe United Nations Convention on the Rights of Persons with Disabilities requires to take appropriate measures to ensure that persons with disabilities have access to communications technologies and systems on an equal basis with others. In addition, Article 109 of Directive (EU) 2018/1972, establishes that all end-users should have access to emergency services, free of charge, through emergency communications to the most appropriate public safety answering point (PSAP). Emergency communications include voice communications services, SMS, messaging, video and other type of communications, such as real time text, total conversation and relay services. Member States are also required to ensure that access for end-users with disabilities to emergency services is available through emergency communications and is equivalent to that enjoyed by other end- users. It is for the Member States to determine the type of emergency communications that are technically feasible to ensure roaming customers access to emergency services. In order to ensure that roaming customers have access to emergency communications under the conditions laid down in Article 109 of Directive (EU) 2018/1972, visited network operators should inform the roaming provider through the wholesale roaming agreement about what type of emergency communications are mandated under national measures in the visited Member State. In addition, wholesale roaming agreements should include information on the technical parameters for ensuring access to emergency services, including for roaming customers with disabilities, as well as for ensuring the transmission of caller location information to the most appropriate PSAP in the visited Member State. Such information should allow the roaming provider to identify and provide the emergency communication and the transmission of caller location free of charge.
2021/06/07
Committee: IMCO
Amendment 51 #

2021/0045(COD)

Proposal for a regulation
Recital 35
(35) A contract which includes any type of regulated retail roaming service should specify the characteristics of that regulated retail roaming service, including the expected level of quality of service. The provider should ensure the highest quality of service available in the country and should make available information on relevant factors that can affect ithe quality of service, such as availability of certain technologies, coverage or variation due to external factors such as topography.
2021/06/07
Committee: IMCO
Amendment 53 #

2021/0045(COD)

Proposal for a regulation
Recital 35 a (new)
(35a) A contract which includes any type of regulated retail roaming service should include clear information on the procedure to file complaints if the quality of service is not guaranteed. The roaming provider should handle the complaints in a timely and effective manner.
2021/06/07
Committee: IMCO
Amendment 55 #

2021/0045(COD)

Proposal for a regulation
Recital 36
(36) Roaming customers and home operators sometimes unwittingly incur large bills as a result of the lack of transparency on the numbers used for value added services across the Union and on the wholesale prices charged for value added services. Communications to certain numbers which are used for providing value added services, for example, premium-rate numbers, freephone numbers or shared cost numbers, are subject to particular pricing conditions at the national level. This Regulation should not apply to the part of the tariff that is charged for the provision of value added services but only to the tariffs for the connection to such services. Neverthelss, the RLAH principle might create an expectation for end-users that communications to such numbers while roaming should not incur any increased cost in comparison to the domestic situation. HoweverCurrently, this is not always the case when roaming. End-users are confronted with increased costs, even when they call numbers that are free when called domestically. This could erode customers’ confidence in using their phones when roaming and could result in bill shocks, thus having a negative impact on a genuine RLAH experience. This is mainly caused, at retail level by the insufficient level of transparency on the higher charges which can be incurred because of communications to value added services numbers. Therefore measures should be introduced to protect consumers and increase the transparency on the conditions for communications to value added services numbers. To that end, roaming customers should be informed in their contract and notified and warned, in a timely manner and free of charge, that communications to value added services numbers in roaming can entail additional charges. Furthermore, roaming providers should also ensure that the use of value added services is provided under the same conditions as if such services were consumed domestically.
2021/06/07
Committee: IMCO
Amendment 59 #

2021/0045(COD)

Proposal for a regulation
Recital 43
(43) In order to improve the transparency of retail prices for roaming services and to help roaming customers make decisions on the use of their mobile devices while abroad, providers of mobile communication services should supply their roaming customers with information free of charge on the roaming charges applicable to them when using roaming services in a visited Member State. Since certain customer groups might be well informed about roaming charges, rThe home operator should also inform roaming customers of any additional charges for the use of value added services and the applicable cut-off limits to prevent bill shocks. Such information should be provided as soon as the roaming customer enters another Member State and every time the roaming customer tries to reach value added services. Furthermore, when a mobile device connects with non-terrestrial networks with automatic handover on marine vessels and on board aircrafts, providers of mobile communication services should inform customers on the additional charges they may incur and on the cut-off limits applied in order to protect them from bill shocks. Roaming providers should provide a possibility to easily opt- out from this automatic message service. In addition, roaming customers should be provided with a text message including a link to a web page giving detailed information about the types of services (calls and SMS) that may be subject to increased costs. Moreover, providers should actively give their customers, provided that the latter are located in the Union, on request and free of charge, additional information on the per- minute, per-SMS or per-megabyte data charges (including VAT) for the making or receiving of voice calls and also for the sending and receiving of SMS, MMS and other data communication services in the visited Member State.
2021/06/07
Committee: IMCO
Amendment 63 #

2021/0045(COD)

Proposal for a regulation
Recital 45
(45) Customers living in border regions should not receive unnecessarily high bills due to inadvertent roaming or to the use of non-terrestrial networks with automatic handover on marine vessels and on board aircrafts. Roaming providers should therefore take reasonable steps to protect and inform in a clear and intelligible manner customers against incurring roamingadditional charges while they are located in their Member State. This should include an obligation to roaming providers to provide reasonable cut-off limits and to grant their customers the opportunity to block non EU/EEA networks, unless their customers request to opt-in, and an obligation to provide adequate information measures in order to empower customers to actively prevent such instances of inadvertent roaming. National regulatory authorities should be alert to situations in which customers face problems with paying roaming charges while they are still located in their Member State and should take appropriate steps to mitigate the problem.
2021/06/07
Committee: IMCO
Amendment 71 #

2021/0045(COD)

Proposal for a regulation
Recital 53
(53) Number ranges, including those used for value added services, are set in the national numbering plans and are not harmonised at Union level. Operators may therefore not be able to recognise the numbering ranges for value added services in all countries in advance. Numbering ranges used for value added services are subject to particular pricing conditions at the national level and in many cases their termination rates are not regulated. While this is understood to roaming providers, the level of the wholesale charges they will incur may still be unexpectedly high. In a roaming scenario, operators are sometimes unable to address this issue, because they lack information on number ranges used for value added services throughout the Union. To address this problem BEREC should establish and maintain a single Union- wide, secure database for value added services’ numbering ranges. The database is intended as a transparency tool that will enable National Regulatory Authorities (NRAs) and operators to have direct access to information about which numbering ranges can generate higher costs (termination rates) in all Member States. It represents a necessary intermediate step to increase transparency at retail level as it cshould be used to inform roaming customers about the types of services that may be subject to increased charges when roaming. BEREC should establish the procedures by which the competent authorities are to provide and update the information requested under Article 17. and should create the necessary conditions for roaming providers to ensure that the use of value added services is provided under the same prices as if such services were consumed domestically.
2021/06/07
Committee: IMCO
Amendment 73 #

2021/0045(COD)

Proposal for a regulation
Recital 59
(59) It is necessary to monitor and to review regularly the functioning of wholesale roaming markets and their interrelationship with the retail roaming markets, taking into account competitive and technological developments and traffic flows. The Commission should submit two reports to the European Parliament and to the Council. In its biennial reports, the Commission should, in particular, assess whether RLAH has any impact on the evolution of tariff plans available on the retail markets. That should include, on the one hand, an assessment of any emergence of tariff plans that include only domestic services and that exclude retail roaming services altogether, thus undermining the very objective of RLAH and, on the other, an assessment of any reduction in the availability of flat-rate tariff plans, which could also represent a loss for consumers and undermine the objectives of the digital single market. The Commission’s reports should, in particular, analyse the extent to which exceptional retail roaming surcharges have been authorised by national regulatory authorities, the ability of home network operators to sustain their domestic charging models and the ability of visited network operators to recover the efficiently incurred costs of providing regulated wholesale roaming services. In addition, the Commission’s reports should assess how, at wholesale level, access to the different network technologies and generations is ensured; the level of usage of trading platforms and similar instruments to trade traffic at wholesale level; the evolution of the machine-to- machine roaming; the persisting problems at retail level in relation to value added services, inadvertent roaming, cut-off limits and the application of the measures on emergency communications . In order to enable such reporting with a view to assessing how the roaming markets adapt to RLAH rules, sufficient data should be gathered on the functioning of those markets after the implementation of those rules.
2021/06/07
Committee: IMCO
Amendment 74 #

2021/0045(COD)

Proposal for a regulation
Recital 62
(62) In order to ensure that the maximum wholesale charges are based on recent and updated data, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend the maximum wholesale charges that a visited network operator can levy on the roaming provider for the provision of regulated voice, SMS or data roaming services by means of that visited network. This Regulation should lay down the detailed criteria and parameters on the basis of which the values of those maximum wholesale charges are set. 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-Making69 . 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. __________________ 69deleted OJ L 123, 12.5.2016, p. 1.
2021/06/07
Committee: IMCO
Amendment 84 #

2021/0045(COD)

Proposal for a regulation
Article 9 – paragraph 3 – introductory part
3. Without prejudice to Part III , Title III of Directive (EU) 2018/1972, roaming providers shall ensure the highest quality of service available in every country and shall guarantee that a contract which includes any type of regulated retail roaming service specifies the characteristics of that regulated retail roaming service provided, including in particular:
2021/06/07
Committee: IMCO
Amendment 88 #

2021/0045(COD)

Proposal for a regulation
Article 9 – paragraph 3 – point c
(c) the quality of service that can reasonably be expected when roaming in the Unclear and intelligible information on the quality of service available when roaming in the Union and on the divergences from the quality included in the national subscription.
2021/06/07
Committee: IMCO
Amendment 89 #

2021/0045(COD)

Proposal for a regulation
Article 9 – paragraph 4 a (new)
4a. Roaming providers shall ensure that a contract includes clear information on the procedure to follow to file complaints if the quality of service is not guaranteed.
2021/06/07
Committee: IMCO
Amendment 93 #

2021/0045(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3
Roaming providers shall, except when the roaming customer has notified the roaming provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when the roaming customer enters a Member State other than that of his domestic provider, with information on the potential risk of increased charges due to the use of value added services including a link to a dedicated webpage providing information about the types of services that may be subject to increased costs and, if available, information on value added services number ranges. Roaming providers shall also ensure that the use of value added services is provided under the same conditions as if such services were consumed domestically.
2021/06/07
Committee: IMCO
Amendment 96 #

2021/0045(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 7
The first, second, fifth and sixth subparagraphs, with the exception of the reference to the fair use policy and the surcharge applied in accordance with Article 7, shall also apply to voice and SMS roaming services usupplied by roaming providers and used by roaming customers travelling outside the Union and provided by a roaming provider, inadvertently roaming outside the Union and for using non-terrestrial networks with automatic handover on marine vessels and on board aircrafts.
2021/06/07
Committee: IMCO
Amendment 99 #

2021/0045(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. Roaming providers shall make available information to their customers on how to avoid inadvertent roaming in border regions. Roaming providers shall take reasonable steps to protect their customers from paying roamingprovide reasonable cut-off limits and grant their roaming customers the opportunity to block non EU/EEA networks, unless their customers request to opt-in, in order to avoid inadvertent roaming in border regions, including the use of non- terrestrial networks with automatic handover on marine vessels and on board aircrafts. Roaming providers shall take reasonable steps to protect and inform in a clear and intelligible manner their customers from the risk of paying additional charges for inadvertently accessed roaming services while situated in their home Member State.
2021/06/07
Committee: IMCO
Amendment 102 #

2021/0045(COD)

Proposal for a regulation
Article 15 – paragraph 6
6. Roaming providers shall take reasonable steps to protect their customers from paying roamingand inform in a clear and intelligible manner their customers from the risk of paying additional charges for inadvertently accessed roaming services while situated in their home Member State. This shall include informing customers on how to avoid inadvertent roaming in border regionan obligation to roaming providers to block non EU/EEA networks, unless their customers request to opt-in, in order to avoid inadvertent roaming in border regions, including the use of non- terrestrial networks with automatic handover on marine vessels and on board aircrafts.
2021/06/07
Committee: IMCO
Amendment 105 #

2021/0045(COD)

Proposal for a regulation
Article 16 – paragraph 1
Roaming providers shall ensure that their roaming customers are kept adequately informed on the means of access to emergency services in the visited Member State. This shall include equivalent access and choice for end-users with disabilities in accordance with Directive (EU) 2018/1972.
2021/06/07
Committee: IMCO
Amendment 106 #

2021/0045(COD)

Proposal for a regulation
Article 16 – paragraph 2
An automatic message from the roaming provider shall inform the roaming customer that the latter may access emergency services free of charge by calling the single European emergency number ‘112’ and by alternative means of access to emergency services through emergency communications mandated in the visited Member State. The information shall be delivered to the roaming customer’s mobile device by an SMS message, and via all the appropriate means established in Directive (EU) 2018/1972, in order to ensure that end-users with disabilities can access emergency services on an equivalent basis with others, every time the roaming customer enters a Member State other than that of his domestic provider. It shall be provided free of charge at the moment the roaming customer initiates a roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.
2021/06/07
Committee: IMCO
Amendment 108 #

2021/0045(COD)

Proposal for a regulation
Article 17 – paragraph 1
BEREC shall establish and maintain a single Union-wide database of value added services numbering ranges in each Member State to be made accessible for national regulatory authorities and operators and shall create the necessary conditions for roaming providers to ensure that the use of value added services is provided under the same prices as if such services were consumed domestically. BEREC shall ensure adequate means of access to emergency services to customers, in particular to persons with disabilities in accordance with Directive (EU) 2018/1972. The database shall be established by 31 December 2023. To that end, the NRA or other competent authorities shall, by electronic means, provide the necessary information and the relevant updates to BEREC without undue delay.
2021/06/07
Committee: IMCO
Amendment 115 #

2021/0045(COD)

Proposal for a regulation
Article 18 a (new)
Article 18a Accessibility of information provided to customers Roaming providers shall ensure that all information provided to customers, in particular the information contained in Articles 9, 14, 15, 16, 17 and 18, is accessible for persons with disabilities, in accordance with Directive (EU) 2019/882. Information shall be provided in easy-to- read format and shall not exceed a level of complexity superior to level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages.
2021/06/07
Committee: IMCO
Amendment 117 #

2021/0045(COD)

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1
The Commission shall , after consulting BEREC, submit two reports to the European Parliament and to the Council. Where necessary, after submitting each report, the Commission shall adoppresent a delegated act pursuant to Article 22 amendislative proposal to amend this Regulation, including a proposal for lowering the maximum wholesale charges for regulated roaming services laid down in this Regulation. The first such report shall be submitted by 30 June 2025 and the second by 30 June 2029 .
2021/06/07
Committee: IMCO
Amendment 120 #

2021/0045(COD)

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 2 – point i a (new)
(ia) the impact of the obligation to ensure the highest quality of service available when travelling;
2021/06/07
Committee: IMCO
Amendment 123 #

2021/0045(COD)

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 2 – point j
(j) the extent to which roaming customers and operators face problems in relation to value added services, inadvertent roaming and how those problems can be resolved;
2021/06/07
Committee: IMCO
Amendment 125 #

2021/0045(COD)

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 2 – point k a (new)
(ka) The effectiveness of this Regulation on ensuring equal access to electronic communications by persons with disabilities.
2021/06/07
Committee: IMCO
Amendment 2 #

2020/2076(INI)

Draft opinion
Paragraph 1
1. Recognises that the Industrial Strategy, prepared prior to the outbreak and published at an early stage of the pandemic in Europe, will require substantial revision, to reflect the change in fundamentals andadditional challenges to the - neow mission of the Von Der Leyen Commission: to retore than ever- pressing need to steer ourn economies across the EU to growth and to strengthen all economies, both north and south and east and west, to the benefit of citizens and businesses; nd industries towards a more resilient and sustainable path aligned with EU environmental and climate objectives; recalls that the European Parliament declared in its resolution from 12 May 20201a that all recovery measures must be financed on top of existing and upcoming EU policies and must not affect our long-term priorities and strategic objectives; __________________ 1aEuropean Parliament RESOLUTION on the new multiannual financial framework, own resources and the recovery plan (2020/2631(RSP)); https://www.europarl.europa.eu/doceo/doc ument/TA-9-2020-0124_EN.pdf
2020/06/10
Committee: IMCO
Amendment 30 #

2020/2076(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Underlines that that the industrial strategy should allow the transition of our industries to more sustainability and resilience with the overall goal of climate- neutrality by 2040; calls on the Commission to define a roadmap with sectoral measurable binding targets and requirements for industry; stresses that a solid monitoring mechanism based on transparent performance indicators to assess progress should be established;
2020/06/10
Committee: IMCO
Amendment 38 #

2020/2076(INI)

Draft opinion
Paragraph 4
4. Stresses that EU industrial competitiveness relies on a fully functioning Single Market in Services; underlines that the Commission must consider how to address unjustified barriers to cross- border services as part of any revised set of priorities while maintaining high standards for consumers and workers, with a special focus on strengthening in particular the rights of cross-border workers;
2020/06/10
Committee: IMCO
Amendment 50 #

2020/2076(INI)

Draft opinion
Paragraph 5
5. Underlines the importance of sustainability, which is central to plans to develop European industry; recalls in this regard the European Council conclusions of 12 December 2019, highlighting the need to establish a framework for actions that benefits all Member States; and ensuring that all relevant EU legislation and policies are consistent with, and contribute to, the fulfilment of the climate neutrality objective1a; __________________ 1a https://www.consilium.europa.eu/media/4 1768/12-euco-final-conclusions-en.pdf
2020/06/10
Committee: IMCO
Amendment 53 #

2020/2076(INI)

Draft opinion
Paragraph 6
6. Recognises that the public and private sector will encounter significant financial constraints in the coming years, impacting their ability to support a programme of investment, particularly with regard to the Green Deal objectives and highlights in that context the need for the Commission's "Recovery Plan for Europe"1a to have the Green Deal at its core; recalls in this regard that evidence conveys that green projects create more jobs, deliver higher short-term returns and lead to increased long-term cost savings1b; expresses concern about an unequal pace of development, particularly in less developed parts of the EU, where achieving transformation demands far more significant actions; strongly calls on the Commission in its revised Industrial Strategy to adopt a model with flexibility and support, in order that no one is left behind; __________________ 1ahttps://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:52 020DC0456&from=EN 1b Hepburn et al (2020): Will COVID-19 fiscal recovery packages accelerate or retard progress on climate change? https://www.smithschool.ox.ac.uk/publicat ions/wpapers/workingpaper20-02.pdf
2020/06/10
Committee: IMCO
Amendment 69 #

2020/2076(INI)

Draft opinion
Paragraph 7
7. Highlights the significant role public procurement plays in shaping the trajectory of European industry, enabling the relocalisation of key strategic sectors, such as health-related products and agriculture, and fostering shorter and sustainable supply chains; considers it should be central to the EU’s economic recovery plan by prioritizing and fostering demand for eco-innovative and sustainable goods and services; calls on the Commission to make environmental and social criteria mandatory in public procurement in full alignment with the objectives of the Green New Deal;
2020/06/10
Committee: IMCO
Amendment 80 #

2020/2076(INI)

Draft opinion
Paragraph 8
8. Believes that the rules that govern competition in the EU should be further reflected upon, so as to be adequate for both the European market and the global economic context; in the interim, calls on the Commission to ensure that the temporary frameworks approved for state aid do not distort competition within the Single Market in the medium to long term; stresses that these funds must be directed to projects and beneficiaries that comply with our Treaty-based fundamental values, the Paris Agreement, the EU’s climate neutrality and biodiversity objectives, and the fight against tax evasion, tax avoidance and money laundering1a; urges the Commission to ensure that State aid guidelines are compatible with such conditions and to prevent Member States’ asymmetric economic responses to the crisis from endangering the EU’s convergence efforts and from creating unfair advantages within the single market; __________________ 1a as stated in European Parliament "RESOLUTION on the new multiannual financial framework, own resources and the recovery plan (2020/2631(RSP))" https://www.europarl.europa.eu/doceo/doc ument/TA-9-2020-0124_EN.pdf
2020/06/10
Committee: IMCO
Amendment 85 #

2020/2076(INI)

Draft opinion
Paragraph 9
9. Emphasises that the Industrial Strategy should support free trade andair trade, strategic autonomy and meaningful reshoring of production, as well as the EU’s commitment to working with our global partners on the reform of the multilateral trading system; calls on the Commission to clarify how it intends to maintain these commitments while promoting the emergence of global leaders originating in Europe; calls on the Commission to further clarify where it considers autonomy necessary and in the economic interests of the EU; insists that the promotion of these global leaders or so-called European champions must under no circumstances be to the detriment of fair competition within the single market and to the disadvantage of SMEs and small emerging start-ups, which by extension would also hurt European consumers;
2020/06/10
Committee: IMCO
Amendment 98 #

2020/2076(INI)

Draft opinion
Paragraph 10
10. Recalls that the automotive sector is touched by many of the transformations expected in the future economy and has been deeply affected by the impact of the COVID-19 pandemic; considers that the revised Industrial Strategy should foresee particular actions for this sector, including appropriate financial support. targeted financial support for the swift and complete shift to the production of zero- emission cars, and conditioned upon climate-friendly reforms in the production process and product design, as well as sensitive to the distorting effect these support measures might have on the single market.
2020/06/10
Committee: IMCO
Amendment 109 #

2020/2076(INI)

Draft opinion
Paragraph 10 a (new)
10 a. Considers that EU industrial strategy must be based on an energy, resource-efficiency and circular economy approach to enable to transition towards green, sustainable and resilient value chains; stresses furthermore that innovation should be stimulated in sectors and technologies key to the green and sustainable transition through adequate investments in R&D.
2020/06/10
Committee: IMCO
Amendment 115 #

2020/2076(INI)

Draft opinion
Paragraph 10 b (new)
10 b. Welcomes the new Action Plan on Critical Raw Materials, which is geared towards strengthening crucial markets in a sustainable way for e-mobility, batteries, renewable energies, pharmaceuticals, aerospace, defence and digital applications supported by the implementation of the Circular Economy Action Plan, showing that the correct link between resources and sustainability is being made.
2020/06/10
Committee: IMCO
Amendment 117 #

2020/2076(INI)

Draft opinion
Paragraph 10 c (new)
10 c. Encourages the emergence and growth of small companies and start-ups in the digital and technological field, therefore boosting innovation in Europe through initiatives and funding programmes tailored to their needs and possibilities, while preventing obstacles to their development through enhanced efforts to challenge the quasi monopolies existent on the market, including through a digital tax and the enforcement of antitrust rules.
2020/06/10
Committee: IMCO
Amendment 120 #

2020/2076(INI)

Draft opinion
Paragraph 10 d (new)
10 d. Welcomes the Digital Services Act, but stresses that the new Digital Services Act is only offering security for consumers online; asks for clear rules to fight abusive practices and protecting consumers in all areas of interactions.
2020/06/10
Committee: IMCO
Amendment 121 #

2020/2076(INI)

Draft opinion
Paragraph 10 e (new)
10 e. Asks for a clear green conditionality in the Digital Transition, especially given the specific resources and the energy consumption that comes with it.
2020/06/10
Committee: IMCO
Amendment 1 #

2020/2068(BUD)

Motion for a resolution
Paragraph 3 a (new)
3 a. Points out that, due to climate change, natural disasters will become more and more violent and more and more recurrent; calls for a reform of the EUSF in the forthcoming MFF in order to take into account the future consequences of climate change, while stressing that the EUSF is only a curative instrument and that climate change requires primarily a preventive policy in line with the Paris Agreement and the Green Deal;
2020/05/13
Committee: BUDG
Amendment 53 #

2020/2058(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Sustainable Europe Investment Plan (SEIP) as central in ensuring the success of the Green Deal, the implementation of the Union’s climate commitments and the transition towards a more sustainable and resilient economy;
2020/07/03
Committee: BUDGECON
Amendment 64 #

2020/2058(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the Commission’s European Recovery Plan with the European Green Deal at its heart; endorses the underlying principle that public investments will respect the oath to ‘do no harm’ principle, but regrets that the Recovery Plan falls short of providing for genuine conditionalities related to the Union’s environmental objectives insofar the criteria for funding investments and reforms are not clearly defined and may allow the approval of recovery plans whereby sustainability is not a necessary condition to be met; emphasises that national recovery and resilience plans should put the EUnion on the path to a 50 % to 565 % reduction in greenhouse gas emissions by 2030 compared to 1990 and climate neutrality by 2050 in line with the EU’s commitments under the Paris Agreement and the Climate Law;
2020/07/03
Committee: BUDGECON
Amendment 81 #

2020/2058(INI)

Motion for a resolution
Paragraph 3
3. Stresses that the success of the EU’s aim to achieve climate neutrality will depend on the adequacy of the financing; recalls that according to the latest calculations of the European Commission, the total additional investments needed to reach the EU’s current 2030 climate and environmental policy goals are around €470 bn per year; recalls that these investments include an annual €240bn to meet the current 2030 climate and energy targets, €100 bn per year to deliver on Europe’s wider transport infrastructure and an additional €130 annually to reach other environmental objectives; highlights, moreover, that the Commission also describes these as conservative estimates, given a lack of data to accurately assess investment needs related to climate adaptation and restoration/preservation of ecosystems and biodiversity;
2020/07/03
Committee: BUDGECON
Amendment 120 #

2020/2058(INI)

Motion for a resolution
Paragraph 4
4. Questions whether the SEIP, as currently constituted, will enable the mobilisation of EUR 1 trillion by 2030 through the EU budget, given the negative economic outlook following the COVID- 19 crisis; requests the Commission to ensure full transparency on financing issues, such as the optimistic leverage effect or the lack of clarity over the extrapolations of certain amounts; furthermore questions how the new MFF as proposed by the Commission in its revised proposals of 27 and 28 May 2020 would enable the achievement of the SEIP targets;
2020/07/03
Committee: BUDGECON
Amendment 129 #

2020/2058(INI)

Motion for a resolution
Paragraph 5
5. Wishes to see it ensured that funding from the SEIP, at EU and national level, goes towards the policies and programmes with the highest potential to contribute to the fight against climate change, and looks forward to the Commission’s upcoming climate tracking methodology using appropriately the criteria established by the EU taxonomy; calls on the Commission to present, as committed, before the start of the next MFF, a Framework Regulation tracking relevant expenditure on environmentally sustainable economic activities, building on the EU Taxonomy; calls for this Framework Regulation to include, inter alia, a monitoring methodology, together with the corresponding corrective measures, including the phasing-out of direct and indirect fossil fuel subsidies, where relevant, and a proofing mechanism to identify potential harmful impacts of EU actions;
2020/07/03
Committee: BUDGECON
Amendment 145 #

2020/2058(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Calls on the Commission to disclose the exposure of all MFF and Next Generation EU funds to the different EU taxonomy objectives and categories;
2020/07/03
Committee: BUDGECON
Amendment 146 #

2020/2058(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Calls on the Commission to disclose the exposure of all MFF and Next Generation EU funds to the different EU taxonomy objectives and categories;
2020/07/03
Committee: BUDGECON
Amendment 147 #

2020/2058(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Emphasizes that the overarching objective of the SEIP should be to ensure a shift from unsustainable to sustainable economic activities; looks forward to the report that according to the Taxonomy Regulation the Commission has to deliver by end of 2021 outlining the modalities required for extending the Taxonomy scope to cover ‘brown’ activities; deems that such extension is instrumental for implementing the above-mentioned shift;
2020/07/03
Committee: BUDGECON
Amendment 149 #

2020/2058(INI)

Motion for a resolution
Paragraph 5 c (new)
5c. Notes the Court of Auditors’ findings that climate accounting in the current Common Agriculture Policy (CAP) is inaccurate and that the Commission’s estimate of the future CAP’s contribution to environmental and climate targets appears unrealistic; calls on the Commission to urgently adopt a climate and biodiversity tracking methodology for the CAP which represents nearly half of the climate related expenditure and a larger share of biodiversity related expenditure in the EU budget; stresses that CAP measures must be shown to be genuinely positive for climate, supported by scientific evidence, in order to be counted as such and inline with the Commission's evaluation report on biodiversity, identifying a lack of monitoring data as an obstacle to proper evaluation of the impact of several CAP instruments and measures, as well as their net impact;
2020/07/03
Committee: BUDGECON
Amendment 153 #

2020/2058(INI)

Motion for a resolution
Paragraph 6
6. Believes that public and private finance should adhere to the EU taxonomy andim to invest in economic activities in line with the EU taxonomy, with at least 50% of EU funds supporting Taxonomy compliant activities, and all finance should adhere to the Do Not Significantly Harm (DNSH) principle, asks for the adoption of a black list of excluded activities that may not benefit from the support of the SEIP such as fossil fuels and nuclear energy; calls therefore for these principle and related disclosure provisions to be added to the horizontal MFF regulation, in order to ensure that EU policies and financing, including the EU budget, the programmes financed through Next Generation EU, the European Semester and EIB financing do not contribute to objectives, projects and activities that significantly harmare consistent with the achievement of the Union’s climate, social orand environmental objectives;
2020/07/03
Committee: BUDGECON
Amendment 170 #

2020/2058(INI)

Motion for a resolution
Paragraph 7
7. Calls for the immediate phasing-out of public and private investments, including those supported by the EU budget, in highly polluting and harmful industries, such as fossil fuels for which economically feasible alternatives are available, while fully respecting the rights of Member States to choose their energy mix;
2020/07/03
Committee: BUDGECON
Amendment 201 #

2020/2058(INI)

Motion for a resolution
Paragraph 9
9. Underlines the fact that, in order to meet its obligations under the Paris Agreement, the EU’s contribution to the climate objectives should be underpinned by an ambitious share of climate-related expenditure in the EU budget, going much beyond the levels of targeted spending shares of at least 25 % over the MFF 2021- 2027 period and of 30% as soon as possible and at the latest by 2027; considers the EU budget should follow the spending target of the European Investment Bank of 50% to climate and environmental spending so as to be in line with the ambitious objectives set by the Climate Law; highlights that all MFF and Next Generation EU funds should be consistent with National Energy and Climate Plans (NECPs) and territorial Just Transition Plans where they are set up;
2020/07/03
Committee: BUDGECON
Amendment 213 #

2020/2058(INI)

Motion for a resolution
Paragraph 9
9. Underlines the fact that, in order to meet its obligations under the Paris Agreement, the EU’s contribution to the climate objectives should be underpinned by an ambitious share of climate-related expenditure in the EU budget, going beyond the levels of targeted spending shares of at least 25 % over the MFF 2021-2027 period and of 30% as soon as possible and at the latest byand more concretely a biodiversity spending level of 10 % and an additional climate mainstreaming spending level of 30 % for 20271;
2020/07/03
Committee: BUDGECON
Amendment 215 #

2020/2058(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Underlines that the climate spending target should apply to all MFF- related funds including the Recovery and Resilience Facility and REACT-EU, and that all MFF and Next Generation EU funds should be consistent with the National Energy and Climate Plans (NECPs) and territorial Just Transition Plans where they are set up;
2020/07/03
Committee: BUDGECON
Amendment 222 #

2020/2058(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the proposal to top up the Just Transition Fund (JTF), including with additional funds from Next Generation EU, and the two additional pillars of the Just Transition Mechanism, namely a dedicated scheme under InvestEU and a public sector loan facility, which will contribute to alleviating the economic effects of the transition to climate neutrality on the most vulnerable regions in the EUbut underlines that additional funds will be needed in order to make sure it reaches all the workers who will be affected, directly and indirectly, by the transition, which accounts to around 11 million workers; insists that the amount must reach at least 10 billion € per year in the short term (Next Generation EU) but also in the longer term (MFF); welcomes also the two additional pillars of the Just Transition Mechanism, namely a dedicated scheme under InvestEU and a public sector loan facility, which will contribute to alleviating the economic effects of the transition to climate neutrality on the most vulnerable regions and citizens in the EU; notes that more clarity as to the eligibility criteria for funding should be made by ensuring delivery of the climate-neutrality target by the beneficiary of the funds by a set timeline aligned with Paris Agreement goals, as well as compliance with other environmental protection acquis objectives;
2020/07/03
Committee: BUDGECON
Amendment 239 #

2020/2058(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the proposal to top up the Just Transition Fund (JTF), including with additional funds from Next Generation EU, and the two additional pillars of the Just Transition Mechanism, namely a dedicated scheme under InvestEU and a public sector loan facility, which will contribute to alleviating the economic effeand social impacts of the transition to climate neutrality on the most vulnerable regions in the EU;
2020/07/03
Committee: BUDGECON
Amendment 242 #

2020/2058(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Stresses that a socially just transition will not be possible without a massive contribution of metropolitan areas, therefore considers that resources of the 2nd and 3rd pillars of the Just Transition Mechanism should be easily available for cities, to develop a large scale financial mechanism to help city- level climate and social efforts; points out that this may include directly accessible funds for, among others, housing policies, building renovation, retrofit and isolation programs, public transport projects, improving cities’ green infrastructure, the introduction of instruments of circular economy or sustainable water management projects;
2020/07/03
Committee: BUDGECON
Amendment 246 #

2020/2058(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Calls for ensuring that third countries are eligible for cross- border projects that contribute to the objectives of the Paris Agreement;
2020/07/03
Committee: BUDGECON
Amendment 259 #

2020/2058(INI)

Motion for a resolution
Paragraph 11
11. WelcomNotes the role of InvestEU in the implementation and functioning of the SEIP and considers that it should be at the heart of the Union’s green, fair and resilient recovery; welcomes, therefore, the Commission’s proposal to increase the programme’s size and scope; calls on the InvestEU proposal and the type of activities to be financed to be fully in line with the Union’s 2030 climate commitments; welcomes the proposal to create a Strategic Investment Facility within InvestEU to promote sustainable investments in key technologies and value chains;
2020/07/03
Committee: BUDGECON
Amendment 311 #

2020/2058(INI)

Motion for a resolution
Paragraph 14
14. Reaffirms its previous position regarding candidates for new own resources, and calls on the Commission to propose new own resources which correspond to essential EU objectives including the fight against climate change and the protection of the environment; asks, therefore, for the introduction of new own resources based on the auction revenues of the Emissions Trading System, a contribution on non-recycled plastic packaging waste, the futurea Carbon Border Adjustment Mechanism, a Common Consolidated Corporate Tax Base or a precursor based on operations of large enterprises, a tax on digital companies,, a tax on digital presence of large companies, a kerosene tax and a financial transaction tax;
2020/07/03
Committee: BUDGECON
Amendment 312 #

2020/2058(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Supports the work of the Commission to develop a levy based on the operations of large enterprises; considers that multinational corporates have been able to increase their profitability thanks to the EU’s single market without having had to contribute to the maintenance and deepening of this market; calls in this context for a levy on the largest corporates with a global turnover of €750 million for their usage of the single market; considers that the size of this levy should correspond to the size of the business and that the revenues of this levy should be used to repay EU-debt incurred through Next Generation EU;
2020/07/03
Committee: BUDGECON
Amendment 322 #

2020/2058(INI)

Motion for a resolution
Paragraph 14 b (new)
14b. Calls on all Member States to join the enhanced cooperation framework to implement a Financial Transaction Tax;
2020/07/03
Committee: BUDGECON
Amendment 338 #

2020/2058(INI)

Motion for a resolution
Paragraph 15
15. Welcomes the efforts ofdecisions taken on 14 November 2019 by the EIB’s Management Board to align the EIB’s policies with the goal of limiting global warming to a maximum of 1.5°C above pre-industrial levels; welcomes the European Investment Bank (EIB) to revise itsd energy lending policy and to devote 50 % of its operations to climate action and environmental sustainability; calls on the EIB to commit to the sustainable transition towards climate neutrality while taking into account the different energy mixes of Member States and devoting particular attention to the sectors and regions most affected by the transition, calls for a concrete roadmap for reaching the 50 % granular target devoted to climate action and environmental sustainability by 2025, as well as guarantees for climate neutrality of the remaining lending following an open and transparent public consultation process;
2020/07/03
Committee: BUDGECON
Amendment 344 #

2020/2058(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Takes note of the EIB’s position paper of June 15th 2020 and reiterates its call for ambition and binding measures, in particular for conditioning support to phase out measures in line with the 2050 EU decarbonisation goals as well as strengthening of the eligibility criteria for climate action in order to avert the risk of investments not resulting in significant reductions in greenhouse gases (GHG); in addition, calls for all financial intermediaries receiving EIB funding to have a decarbonisation plan;
2020/07/03
Committee: BUDGECON
Amendment 351 #

2020/2058(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Recalls that the review of the EIB transport lending policy is a key priority and calls for the swift adoption of a new transport financing policy to support the decarbonisation of the EU transport sector by 2050 including by ending EIB support to aircrafts fuelled by kerosene and by linking EIB support to airports to the condition that airports do not increase capacity; calls for new policies to be implemented in the carbon-intensive industrial sectors in which the EIB is active, such as cement, petrochemicals and steel, focusing on the sustainability and transition of these sectors and on the promotion of a circular economy based on non-toxic material cycles, with a view to aligning all sectoral loans to achieving climate neutrality by 2050 at the latest; calls on the EIB to disclose annually the share if its assets that finances activities that qualify as environmentally sustainable according to the EU Taxonomy;
2020/07/03
Committee: BUDGECON
Amendment 354 #

2020/2058(INI)

Motion for a resolution
Paragraph 15 c (new)
15c. Takes also note of the energy strategy adopted by European Bank for Reconstruction and Development (EBRD) in 2018, and its climate financing ratio of 46% in 2019;
2020/07/03
Committee: BUDGECON
Amendment 372 #

2020/2058(INI)

Motion for a resolution
Paragraph 17
17. Recalls the statement of the ECB President that the ECB isaims at supporting the development of a taxonomy as a way of facilitating the incorporation of environmental considerations in central bank portfolios and as a way of swiftly rebalancing its carbon-intensive bond portfolio in the context of the Corporate Sector Purchase Programme (CSPP); calls on the ECB to evaluate the feasibility of including sustainability criteria in its collateral framework and its annual stress testing exercise, while assessing ways to guide lending towards energy transition investments and to rebuild a sustainable economy in the aftermath of the COVID- 19 crisis; calls on the ECB to disclose annually the share of its assets that finances activities that qualify as economically sustainable according to the EU Taxonomy;
2020/07/03
Committee: BUDGECON
Amendment 384 #

2020/2058(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Supports the calls from the European Central Bank and the Central Banks and Regulators’ Network for Greening the Financial System (NGFS) to extend the EU taxonomy to unsustainable economic activities as soon as possible; urges Commission to present a legislative proposal in this regard before the end of 2020;
2020/07/03
Committee: BUDGECON
Amendment 392 #

2020/2058(INI)

Motion for a resolution
Paragraph 18
18. Supports a renewed sustainable finance strategy; underlines the need for an evolving EU eco-label for financial products, for an binding EU Green Bond Standard (EU GBS), and for more reliable, comparable and accessible sustainability data obtained by harmonising sustainability indicators and creating a public sustainability data register; deems that a significant share of the EU bonds to be issued to finance the EU recovery plan should be issued in accordance with the EU GBS;
2020/07/03
Committee: BUDGECON
Amendment 401 #

2020/2058(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Calls on the Commission to propose the necessary legislative and non- legislative measures to incentivize sustainable retail investment, including standardised and accessible sustainability information disclosed for retail funds and measurement of their sustainability impacts on the ground;
2020/07/03
Committee: BUDGECON
Amendment 402 #

2020/2058(INI)

Motion for a resolution
Paragraph 18 b (new)
18b. Reminds that the EIB is the world's largest issuer of green bonds and a pioneer in launching the successful green bonds which have raised more than EUR 23 billion over 11 years, with the global green bond market now worth more than EUR 400 billion; notes that a major challenge has been to set common standards so as to avoid greenwashing; welcomes the EIB's new Sustainability Awareness Bonds, launched in 2018 and designed to support investment related to the UN Sustainable Development Goals; underlines the importance of setting common standards regarding these new bonds to ensure that projects are transparent, verifiable and measurable; calls on the EIB to continue and to expand the issuance of green bonds, aimed at facilitating implementation of the European Green Deal, eligible for purchases by the European Central Bank, and to help develop the green bonds market built on work under the EU Action Plan on Financing Sustainable Growth and the EU Taxonomy;
2020/07/03
Committee: BUDGECON
Amendment 412 #

2020/2058(INI)

Motion for a resolution
Paragraph 19
19. Insists on the integration of social objectives in the sustainability framework, including through an evaluation ofthe foreseen extendingsion the scope of taxonomy and the development of an EU Social Bond Standard;
2020/07/03
Committee: BUDGECON
Amendment 416 #

2020/2058(INI)

Motion for a resolution
Paragraph 20
20. Insists on the integration of governance objectives, in the sustainability framework, including through additional voting rights for long-term shareholders, reform of remuneration structures binding rules as regards gender parity and fiduciary duties for top-line management, and mandatory sustainability reporting and due diligence for financial institutions and large corporates; welcomes the preparation of a sustainable corporate governance initiative and the upcoming revision of the EU Non-Financial Reporting requirements; underlines that such revision should ensure a comprehensive an high quality sustainability reporting by private sector participants; calls on the Commission to table a legislative proposal on directors duties including mandatory sustainability strategies and measurable targets for large companies;
2020/07/03
Committee: BUDGECON
Amendment 429 #

2020/2058(INI)

Motion for a resolution
Paragraph 21
21. Recalls that investments in unsustainable economic activities maywill lead to stranded assets with lock-in effects; considers this risk to be insufficiently integrated in credit ratings and prudential frameworks; asks the Commission to put forward before the end of 2021 legislative proposals to upgrade the EU Banking Union rule book in order to fully integrate environmental risks, including risks related to stranded assets in the prudential framework and the supervisory review and evaluation process (SREP);
2020/07/03
Committee: BUDGECON
Amendment 446 #

2020/2058(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Calls on the Commission to revise the Credit Rating Regulation to ensure that sustainability-related risks are properly integrated;
2020/07/03
Committee: BUDGECON
Amendment 447 #

2020/2058(INI)

Motion for a resolution
Paragraph 21 b (new)
21b. Calls on the European Supervisory Authorities (ESAs) and the Single Supervisory Mechanism, together with national competent authorities (NCAs), to rapidly develop annual climate scenarios testing on financial institutions they supervise, as currently discussed notably in the NGFS, in order to understand where and how far climate-related financial risks sit in portfolios of relevant EU financial institutions;
2020/07/03
Committee: BUDGECON
Amendment 450 #

2020/2058(INI)

Motion for a resolution
Paragraph 22
22. Calls for the introduction of an enabling framework for public sustainable investments to achieve the goals set out in the European Green Deal, but stresses that whatever financing model is chosen must not undermineso as to spread public investment expenditures in sustainable economic activities through the life-cycle of corresponding gross capital formation; asks thereby the Commission to put forward legislative proposals on the EU fiscal rules with that purpose in the context of the 'six pack' and 'two pack' revision, points out that such revision is a necessary condition for ensuring the sustainability of public finance in the EU; supports the commitment by EVP Dombrovskis to explore how the EU Taxonomy canshould be used in the public sector; calls for public support for airlines to be used in a sustainable and efficient manneronsiders that such endeavour should lead to the adoption of binding targets and minimum thresholds; calls for public support for airlines to be conditioned to the adoption of decarbonisation plans and to commitments to support the Union’s climate objectives;
2020/07/03
Committee: BUDGECON
Amendment 484 #

2020/2058(INI)

Motion for a resolution
Paragraph 23
23. Recalls that the European Semester ishould be a framework for EU Member States to coordinate their budgetary and economic policies; believes that it ca revamped EU Semester framework should facilitate the implementation of the European Green Deal, the European Pillar of Social Rights and the UN Sustainable Development Goals (SDGs); believes that the SDGs and gender equality should be at the heart of EU’s policy making process; calls on the Commission to systematically issue country-specific recommendations to end environmentally harmful subsidies to Member States where these exist;
2020/07/03
Committee: BUDGECON
Amendment 515 #

2020/2058(INI)

Motion for a resolution
Paragraph 25
25. Supports the Solvency Support Instrument to level the playing field in the single market, and the introduction of ‘transition plans’ for certain companies to increase the sustainability of their activities; considregrets howevers that society cuch transition plans ask for a quid pro quo when providing support to companire not of a mandatory nature; considers that support to companies through SSI should be targeted to equity instruments such as preferred shares with warrants that would allow the instrument to reap benefits during economic upsides; believes that transition plans should be obligatory for companies seeking state aid or EU-level support unless it is clear that they do not engage inir investments are envtironmentally or socially harmful aely consistent with the achievement of the Union’s climate, social and environmental objectivities; urges the Commission to only approve transition plans that set businesses on the path to theinclude a binding and clear timeline towards a climate-neutral and circular economy without significantly harming any other environmental or social objectives;
2020/07/03
Committee: BUDGECON
Amendment 527 #

2020/2058(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Calls on the Commission to revise State Aid rules to set common minimum sustainability standards and to require large companies asking for support in high-carbon sectors to set and publish climate science-based targets and time- bound net-zero transition plans to align their operations with the Paris Agreement;
2020/07/03
Committee: BUDGECON
Amendment 538 #

2020/2058(INI)

Motion for a resolution
Paragraph 26
26. InvitWelcomes the Commission to reviseplanned revision of the Energy Taxation Directive and coordinatefor 2021 and calls on the Commission to present a legislative proposal for a kerosene tax that could also feed into the EU budget;
2020/07/03
Committee: BUDGECON
Amendment 550 #

2020/2058(INI)

Motion for a resolution
Paragraph 27
27. Wishes it to be ensured that all contribute equitably to the post-corona recovery and the transition to a sustainable economy; seeks an intensified fight against tax fraud, tax evasion and tax avoidance and aggressive tax planning; calls on the Commission; calls on the Council to update the criteria of the Code of Conduct on Business Taxation to define what is a harmful regime in order to reflect recent developments; calls on the Commission to start infringement procedures against Member States presenting characteristics of aggressive tax planning and to create a blacklist of EU Member States facilitating tax avoidance; calls for an EU-level coordination to avoid, detect and investigate aggressive tax planning byschemes for individuals and corporations in Member States; seeks in this context an ambitious strategy for business taxation for the 21st century;
2020/07/03
Committee: BUDGECON
Amendment 6 #

2020/2051(INL)

Motion for a resolution
Recital C
C. whereas on 2 May 2018, the Commission presented a set of legislative proposals on the 2021-2027 MFF and Union Own Resources, followed by legislative proposals for the setting-up of new Union programmes and instruments; whereas this proposal entailed an overall MFF ceiling of EUR 1 134.6 billion in 2018 prices, or 1,11 % of the pre-crisis EU-27’s GNI1a (including 0,03 % from the European Development Fund), which was already lower than the estimated 1,16 % of the 2014-2020 MFF in relation to the EU- 27’s GNI (EUR 1 082.3 billion in 2018 prices), with the stated objective to provide a basis for a swift negotiation to be concluded before the Parliament elections of 2019; _________________ 1aGross National Income as forecast at the time of presentation of the MFF proposal on 2 May 2018, not taking into account subsequent and upcoming evolutions notably as a result of the Corona emergency.
2020/04/15
Committee: BUDG
Amendment 9 #

2020/2051(INL)

Motion for a resolution
Recital D
D. whereas Parliament adopted on 14 November 2018 its interim report with detailed figures, amounting to an overall MFF ceiling of EUR 1 324.1 billion in 2018 prices (1,30 % of the EU-27’s GNI), and amendments constituting its negotiating mandate and has stood ready, since then, to enter into negotiations with the Council;
2020/04/15
Committee: BUDG
Amendment 21 #

2020/2051(INL)

Motion for a resolution
Recital K
K. whereas the Covid-19 outbreak has overshadowed the MFF-related debate and will, despite highlighting the importance and the potential of a strong EU budget, has further delayed the European Council in reaching its conclusions’s debate and agreement on the next MFF and is affecting the conditions in which interinstitutional negotiations could be carried out;
2020/04/15
Committee: BUDG
Amendment 26 #

2020/2051(INL)

Motion for a resolution
Recital M
M. whereas the basic acts of a considerable number of the current expenditure programmes however contain expiry dates that, together with lack of operational preparedness, might undermine the safety net provided by the TFEU; whereas those expiry dates would have to be extended or lifted in order to be brought into consistency with the principles underpinning Article 312(4) TFEU and to avoid a shutdown of the concerned programmes, which would be to the detriment of its beneficiaries and of the Union as a whole, especially in times of crisis;
2020/04/15
Committee: BUDG
Amendment 29 #

2020/2051(INL)

Motion for a resolution
Recital O a (new)
O a. whereas the Covid-19 makes it even more compelling to eliminate any risk of discontinuity or disorderly extension of the current MFF and programmes; whereas it becomes increasingly important to guarantee that the Union will be enabled to carry out its operations and to provide an ambitious crisis response and recovery strategy despite the uncertain date of the entry into force of a new MFF; whereas the Commission should deliver to stakeholders an unequivocal message in that respect;
2020/04/15
Committee: BUDG
Amendment 31 #

2020/2051(INL)

Motion for a resolution
Recital O b (new)
O b. whereas the Union budget in 2021 shall continue addressing the immediate social and economic consequences of the Covid-19 emergency; whereas the MFF contingency plan could provide a better basis than a late and inadequate MFF for delivering the Union's crisis response, recovery strategy and political priorities, building on the existing programmes with the appropriate adjustments as well as the positive measures already taken under the 2020 budget;
2020/04/15
Committee: BUDG
Amendment 38 #

2020/2051(INL)

Motion for a resolution
Paragraph 1 a (new)
1 a. Requests the MFF contingency plan to: – lift or extend the time limits laid down in the basic acts of all relevant MFF expenditure programmes; – where legally necessary notably under shared management programmes, update the relevant financial amounts on the basis of a technical prolongation of the 2020 levels; – revise the rules and objectives governing the relevant expenditure programmes so that they can be temporarily refocused on addressing the immediate economic and social consequences of the Covid-19 outbreak and on helping in the economic recovery; – allow for targeted reinforcements to this end; – allow for the setting-up of the most urgent new instruments and initiatives;
2020/04/15
Committee: BUDG
Amendment 42 #

2020/2051(INL)

Motion for a resolution
Annex I – part A – point 1
1. The MFF contingency plan aims at providing a safety net to protect the beneficiaries of the Union programmes in the event that the 2021-2027 MFF could not be agreed in time to enter into force on 1 January 2021. The MFF contingency plan should ensure a satisfactory degree of predictability and continuity in Union budget implementation; . Furthermore, it should enable the Union to provide a response to the immediate social and economic consequences of the Covid-19 outbreak and to work on the recovery;
2020/04/15
Committee: BUDG
Amendment 46 #

2020/2051(INL)

Motion for a resolution
Annex I – part A – point 2
2. The MFF contingency plan shall include one or several legislative proposal(s) to lift or extend the time limits laid down in the basic acts of all concerned expenditure programmes and, where legally necessary notably under shared management programmes, update the relevant financial amounts on the basis of a technical prolongation of the 2020 levels. The legislative proposal(s) should also include a temporary refocusing of the objectives of all the relevant expenditure programmes, so that they can best address the immediate consequences of the Covid- 19 outbreak. For the same purpose, wherever relevant, the proposal(s) should include a re-adjustment of the rules to allow for maximum flexibility in the implementation notably of shared management programmes, including the prolongation of all legislative measures adopted in 2020, in response to the crisis;
2020/04/15
Committee: BUDG
Amendment 49 #

2020/2051(INL)

Motion for a resolution
Annex I – part A – point 2 a (new)
2 a. The MFF contingency plan should allow for targeted reinforcements of the relevant expenditure programmes in the 2021 budget and for the setting-up of the most urgent new instruments, measures and programmes, especially relating to a recovery plan after the Covid-19 outbreak;
2020/04/15
Committee: BUDG
Amendment 58 #

2020/2051(INL)

Motion for a resolution
Annex I – part A – point 4
4. The measures necessary for the implementation of the contingency plan shall be financed through the annual budget, within the limits of the MFF ceilings for 2020 and of the flexibility provisions of the 2014-2020 MFF, as extended in accordance with Article 312(4) TFEU, i.e. on the basis of a technical prolongation of the amounts already agreed by the budgetary authority in 2020, increased by the 2% deflator, and of any of the additional abovementioned initiatives. This technical prolongation should also determine the national envelopes under the shared management programmes.
2020/04/15
Committee: BUDG
Amendment 61 #

2020/2051(INL)

Motion for a resolution
Annex I – part B – point 1
1. One or several legislative proposal(s) to: – lift or extend the time limits laid down in the basic acts of all relevant MFF expenditure programmes and, where legally necessary notably under shared management programmes, update the relevant financial amounts on the basis of a technical prolongation of the 2020 levels, – revise the rules and objectives governing the relevant expenditure programmes so that they can be temporarily refocused on addressing the immediate economic and social consequences of the Covid-19 outbreak and on helping in the economic recovery.
2020/04/15
Committee: BUDG
Amendment 1 #

2020/2045(INI)

Motion for a resolution
Citation 1
— having regard to Articles 208, 210, 214 and 314 of the Treaty on the Functioning of the European Union,
2021/05/05
Committee: AFETDEVEBUDG
Amendment 2 #

2020/2045(INI)

Motion for a resolution
Citation 1 a (new)
— having regard to Article 21 of the Treaty on European Union,
2021/05/05
Committee: AFETDEVEBUDG
Amendment 3 #

2020/2045(INI)

Motion for a resolution
Citation 1 b (new)
— having regard to the EU Charter of Fundamental Rights,
2021/05/05
Committee: AFETDEVEBUDG
Amendment 4 #

2020/2045(INI)

Motion for a resolution
Citation 3 a (new)
— having regard to Council Regulation(EC) No 1257/96 on humanitarian aid,
2021/05/05
Committee: AFETDEVEBUDG
Amendment 5 #

2020/2045(INI)

Motion for a resolution
Citation 4 a (new)
— having regard to the Commission communication of 18 November 2011 on the Global Approach to Migration and Mobility (GAMM) (COM(2020)0743),
2021/05/05
Committee: AFETDEVEBUDG
Amendment 7 #

2020/2045(INI)

Motion for a resolution
Citation 4 b (new)
— having regard to the Commission communication of 7 June 2016 on establishing a new Partnership Framework with third countries under the European Agenda on Migration (COM(2016)0385),
2021/05/05
Committee: AFETDEVEBUDG
Amendment 8 #

2020/2045(INI)

Motion for a resolution
Citation 4 d (new)
— having regard to the Commission communication of 23 September 2020 on a New Pact on Migration and Asylum (COM(2020)0609),
2021/05/05
Committee: AFETDEVEBUDG
Amendment 9 #

2020/2045(INI)

Motion for a resolution
Citation 4 e (new)
— having regard to the Global Compact for Safe, Orderly and Regular Migration and the Global Compact on Refugees, adopted by the UN General Assembly in 2018,
2021/05/05
Committee: AFETDEVEBUDG
Amendment 10 #

2020/2045(INI)

Motion for a resolution
Citation 6 a (new)
— having regard to the new European Consensus on Development of 30 June 2017,
2021/05/05
Committee: AFETDEVEBUDG
Amendment 11 #

2020/2045(INI)

Motion for a resolution
Citation 4 c (new)
— having regard to the Commission Staff Working Document of 30 April 2014 on a rights-based approach, encompassing all human rights for EU development cooperation(SWD(2014)0152),
2021/05/05
Committee: AFETDEVEBUDG
Amendment 12 #

2020/2045(INI)

Motion for a resolution
Citation 6 b (new)
— having regard to the Consensus on Humanitarian Aid of 30 January 2008,
2021/05/05
Committee: AFETDEVEBUDG
Amendment 13 #

2020/2045(INI)

Motion for a resolution
Citation 15 a (new)
— having regard to its resolution of 25 March 2021on a new EU-Africa Strategy – a partnership for sustainable and inclusive development,
2021/05/05
Committee: AFETDEVEBUDG
Amendment 17 #

2020/2045(INI)

Motion for a resolution
Recital A
A. whereas four EUTFs have been established since 2014 to respond to the need for flexible and quick instruments to provide a coherent and reinforced aid response to crises: the Bêkou EUTF, established on 15 July 2014, with the objective of supporting all aspects of the Central African Republic’s exit from crisis and its reconstruction efforts; the Madad EUTF, a European Union Regional Trust Fund in response to the Syrian crisis to allow for pooling and tailoring resources and response at a regional level, established on 15 December 2014; the Africa EUTF, a European Union Emergency Trust Fund for stability and addressing the root causes of irregular migration and displaced persons in Africa, established on 12 November 2015; and the Colombia EUTF, established on 12 December 2016 to support the implementation of the peace agreement in the early recovery and stabilisation post- conflict;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 21 #

2020/2045(INI)

Motion for a resolution
Recital B
B. whereas the revision of the Financial Regulation in 2018 rejected the European Commission’s proposal to expand the scope and the role of the EUTFs and introduced provisions strengthening Parliament’s scrutiny powers when new EUTFs are established or the current ones are extended; whereas such provisions remain too limited to ensure full democratic scrutiny from the European Parliament as well as complete Parliamentary scrutiny from the budgetary authority;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 24 #

2020/2045(INI)

Motion for a resolution
Recital B a (new)
B a. whereas existing legal, regulatory and budgetary solutions should have been used to the full extent before creating and/or extending the EUTFs which should remain a last resort instrument; whereas the Commission has not sufficiently presented the added value of EUTFs in the medium and long-run;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 25 #

2020/2045(INI)

Motion for a resolution
Recital C
C. whereas Parliament issued positive opinions in 2020 on the requests to extend the EUTFs until the end of 2021 underlining the Commission’s repeated reassurances that such extension requests concerning the Trust Funds are the last and final ones; whereas, in such opinions, Parliament reminded that the EUTFs are established under the Development Cooperation Instrument, and must be aligned to the primary objective of the development policy of the European Union, which remain “the fight against poverty” and stressed furthermore that the respect for human rights, fundamenta l freedoms, the promotion of the rule of law, democratic principles, transparency, good governance, peace and stability and gender equality, are essential and part of the Constitutive Agreement establishing the EUTF;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 28 #

2020/2045(INI)

Motion for a resolution
Recital C a (new)
C a. whereas, in its 2020 opinions on the requests to extend the EUTFs until the end of 2021, Parliament called on the Commission to improve the communication on the Trust Funds and noted that regular, figure-based information on the implementation of the Trust Funds is essential to grant the democratic overview and the scrutiny role of the European Parliament;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 37 #

2020/2045(INI)

Motion for a resolution
Recital D a (new)
D a. whereas Article 208 TFEU clearly states that the primary objective of Union development cooperation policy shall be the reduction and, in the long term, the eradication of poverty;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 55 #

2020/2045(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Notes with concern that there are shortcomings in the application of EU public procurement law with regard to the EU’s external migration policy; considers that provisions in Article 3 of the Decision C(2015) 7293 establishing the EUTF for Africa, as well as humanitarian aid projects funded via the Madad Fund and the FRT are incompatible with or exempted from EU public procurement law; stresses the lack of transparency regarding the application and scope of public procurement law procedures in the selection of implementing partners; deplores that procedures and criteria for selecting projects are not sufficiently clear or documented; calls for the simplification and better communication regarding applications to procurement procedures in order to facilitate access to EU funding for smaller and local NGOs;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 63 #

2020/2045(INI)

Motion for a resolution
Paragraph 3
3. Notes that Committee Chairs and relevant Members have been granted observer status in meetings of the Strategic Boards of the Trust Funds and in the FRT Steering Committee; notes furtherregrets that this status has not been formally reflected in the Constitutive Agreements of the Trust Funds;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 69 #

2020/2045(INI)

Motion for a resolution
Paragraph 4
4. Continues to expresse serious concerns over the limited role of Parliament in the supervision and scrutiny of the Union contributions to the EUTFs; recalls Parliament’s request to monitor the activities of the Operational Committee, and calls on the Commission to provide in good time detailed information on the decisions taken in that Committee and to ensure that Parliament is represented at its meetings;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 71 #

2020/2045(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Calls on the Commission to regularly report to Parliament on the implementation and programming for EUTFs and FRT and calls for a specific impact assessment covering their human rights impact to be carried out by the European Commission, with the support of the Fundamental Rights Agency; calls on the Commission to timely present the result of such impact assessment to the European Parliament, including within the framework of the working groups on external financial instruments of the Committee on Foreign Affairs and the Development Committee;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 73 #

2020/2045(INI)

Motion for a resolution
Paragraph 4 b (new)
4 b. Believes that Parliament must make full use of its powers of scrutiny of implementation and budgetary control and ensure that EU funding decisions and related allocations comply with the Union’s principles of legality and sound financial management;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 78 #

2020/2045(INI)

Motion for a resolution
Paragraph 5
5. Welcomes the Commission’s efforts to closely monitor and evaluate interventions, and to generate knowledge about the activities of the EUTFs and of the FRT, through a dedicated set of reports; hails these efforts to achieve greater transparency by publishing relevant data, including specific details of projects funded and results achieved vis-a-vis the stated objectives, on the web pages of the EUTFs and the FRT;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 86 #

2020/2045(INI)

Motion for a resolution
Paragraph 7
7. Considers that the Bêkou Trust Fund has partially proven its value as an importantone of the tools to address the post-conflict situation in the Central African Republic (CAR); notes that the EUTF made a major contributioned to the nexus approach of development and humanitarian needs in the CAR;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 90 #

2020/2045(INI)

Motion for a resolution
Paragraph 8
8. NoteHighlights the conclusions by the European Court of Auditors, published in its 2017 special report, that the Bêkou Trust Fund has had positive achievements overall and has attracted aid, but few additional donors, and that most of its projects have delivered their expected outputs and provided enhanced visibility to the EU; considers therefore that the Bêkou Trust Fund missed one of its primarily objectives;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 92 #

2020/2045(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Underlines the presence of conflicts of interest reported by the European Court of Auditors, with Member States in the Operational Committee of the Bêkou trust fund being represented by their own national development agencies, which in turn are selected as project implementers and lead on the largest projects, while NGOs are awarded smaller ones;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 96 #

2020/2045(INI)

Motion for a resolution
Paragraph 9
9. Notes that the emergingdue to the new security challenges in the CAR will require well- targetedstill ongoing in the CAR further EU support will require well- targeted programmes, and where relevant, flexible EU supportfunding, both under the NDICI-Global Europe to enhance peace and security, democratisation and strengthening democratic institutions in the CAR and to evaluate better the impact of the EU support on ongoing conflicts and populations on the ground;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 107 #

2020/2045(INI)

Motion for a resolution
Paragraph 12
12. Emphasises the importance of continuous support for refugees, internally displaced persons and for vulnerable host communities, both inside Syria andincluding in the wider region, affected by the continued conflict, by means of a mix of longer-term, predictable, fully transparent, and rapidly deployable funding under instruments established for the 2021- 2027 multiannual financial framework (MFF) and potential contributions from the Member States as external assigned revenue, taking into account all financial instruments provided under the Financial Regulation;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 113 #

2020/2045(INI)

Motion for a resolution
Paragraph 13
13. ConsiderNotes that the Trust Fund for Africa represents an important tool to providewas created as an emergency trust fund to contribute to address the crises in three regions in Africa, with the aim of achieving long-term stability and development goals; considers that the EUTF for Africa represents a swift, and flexible and targeted response to emerging challenges and underlines thattool, highlights however that, considering the unprecedented challenges that it aims at addressing, including common, global challenges, such as migration and forced displacement, the impact of climate change and economic crises in the context of the ongoing COVID-19 pandemic, make this flexibility and rapidity more necessary than everits design should have been more focused; deplores that the Commission has not defined which particular crises (e.g. per regions, per countries, the causes and impact on stability) the EUTF for Africa is meant to address and instead established very broad objectives which have allowed for flexibility, at the expense of having a strategy that is focused enough to steer action across the three windows and supports the measuring and reporting on results;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 123 #

2020/2045(INI)

Motion for a resolution
Paragraph 14
14. Welcomes the fact that the EUTF for Africa has in some cases contributed to the triple humanitarian-development-peace nexus approach, which was not possible with the EU financial instruments under the previous MFF, by better linking humanitarian assistance and development cooperation to anticipate, prepare for and respond to crises and disasters, man-made or natural; recalls that as a fundamental principle, humanitarian assistance must be independent and dissociated in particular from security or stability agendas;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 125 #

2020/2045(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Deplores the fact that 37% of the EUTF is allocated to measures intended to restrict and reduce migration while less than 9% is allocated to addressing the drivers of migration and forced displacement; notes that there is no long- term assessment of the consequences of the measures on migratory routes and the security situation; notes with concern that the EUTF for Africa has financed operations which affect human rights and counter the aims of development aid, such as the “Support to integrated border and migration management in Libya” or the ‘Road Project’ (“Reconnecting Eritrea and Ethiopia through rehabilitation of the main arterial roads in Eritrea”) using forced labour in Eritrea;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 133 #

2020/2045(INI)

Motion for a resolution
Paragraph 15
15. WelcomNotes the generally strong degree ofpotential for local ownership, the involvement of local authorities and civil society organisations (CSOs) in projects supported by the EUTF for Africa; calls on the Commission to actively engage with local authorities and CSOs in order to fully make use of this potential of local ownership;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 143 #

2020/2045(INI)

Motion for a resolution
Paragraph 16
16. Notes that the EUTF for Africa made a major contribution to strengthening resilience and implementing the humanitarian- development nexus in fragile contexts; notes further that it also fostered cooperation between different stakeholders, and allowed contributions from non-EU donors, which in the post- Brexit context have acquired particular importance, and increased the visibility of the issue of migration and forced displacement and the EU’s response to it;deleted
2021/05/05
Committee: AFETDEVEBUDG
Amendment 153 #

2020/2045(INI)

Motion for a resolution
Paragraph 17
17. Considers that the Trust Fund for Colombia has proven its value and represents, under the current circumstances, an important tool to support the implementation of the peace agreement between the Colombian Government and the Revolutionary Armed Forces of Coluombia (FARC); points out that the extension of the Colombia EUTF has further reaffirmed the EU’s commitment and provided much-needed support to the Colombian peace process; calls however, for the implementation of the Colombian peace process to be prioritised as part of long- and medium-term, fully transparent funding programmes and monitoring, and for these programmes to count with the appropriate democratic scrutiny and involvement of the European Parliament and appropriate, transparent and inclusive stakeholder consultations, notably of the local civil society;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 160 #

2020/2045(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Recalls the important role played by Turkey in welcoming refugees from Syria; takes the view that the EU should continue to give the necessary support to Syrian and other refugees and host communities in Turkey; calls for a fully- fledged human rights impact assessment of the EU-Turkey Statement and underlines the importance of both parties’ compliance with fundamental rights as part of its implementation;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 174 #

2020/2045(INI)

Motion for a resolution
Paragraph 21
21. Reiterates its deep regret that Parliament was not formally consulted or asked to give its approval to the creation or extension of this Facility and was only involved as one arm of the budgetary authority, thereby undermining the democratic accountability of the FRT; affirms that it should not be confronted with this situation again;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 178 #

2020/2045(INI)

Motion for a resolution
Paragraph 21 a (new)
21 a. Recalls the serious concerns about the implementation and the transparency in the use of funds of the Refugee Facility; notes, that whether implemented by the Government or local authorities or NGOs, the funds have to be exclusively used for accommodating all physical and psychological needs of refugees, including housing, food, education and guaranteeing a decent living standard; stresses the importance of a transparent implementation and the approval of the Turkish Parliament's in case funds are implemented through the government or local authorities; recalls the necessity of scrutiny of the funds implemented by the Turkish government and the local authorities;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 181 #

2020/2045(INI)

Motion for a resolution
Paragraph 21 b (new)
21 b. Is concerned by several reports of expulsion and return of migrants and refugees, raising concerns in relation to the respect of the principle of non- refoulement, especially with regard to Syrian nationals, as well as to those who have been returned to a third country without having been granted access to asylum procedures; urges the Commission to ensure a close monitoring of the implementation of the EU-Turkey Statement, including in relation to the human rights situation of asylum seekers and migrants returned to Turkey as part of the EU-Turkey Statement and report back to Parliament;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 187 #

2020/2045(INI)

Motion for a resolution
Paragraph 22
22. Reiterates its request that Turkey respect the principle of non-refoulement, in particular on the Syrian border, and that it not use the flows of refugees against the EUcalls on both Turkey and the EU not to instrumentalise concerns of migration management and refugees reception for broader political purposes; Calls on the Turkish authorities to grant full access to UNHCR to the removal centres at the Turkish Syrian border to be able to monitor the respect of the principle of non-refoulement;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 215 #

2020/2045(INI)

Motion for a resolution
Paragraph 23
23. Underlines the necessity of better addressing, in the long-and medium-term, the funding needs in situations of protracted crisis and with a view to the coordination and transition between humanitarian relief, reconstruction and development in a flexible and interconnected manner, while respecting the fundamental principles of humanity, neutrality, impartiality and independence at the heart of humanitarian action, as set in the European Consensus on Humanitarian Aid and the Humanitarian Aid Regulation;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 240 #

2020/2045(INI)

Motion for a resolution
Paragraph 25
25. ReiteratesWhile noting that the Financial Regulation allows for the creation of Trust Funds for external action, reiterates further Parliament’s long- standing insistence that external assistance be financed in full from the Union budget and be implemented in a coherent way, following a streamlined set of rules, based on co-legislated instruments and in full respect of the EU Treaties, in particular Article 208 TFEU, and of Parliament’s legislative, budgetary and monitoring prerogatives, and of the principles of accountability, transparency, effectiveness and sound budgetary management; calls on the Commission to delete the EUTF- related articles in the Financial Regulation in the next revision of the Financial Regulation;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 245 #

2020/2045(INI)

Motion for a resolution
Paragraph 25 b (new)
25 b. Notes that a complete, public overview of EU funding to third countries to facilitate cooperation on migration issues remains unavailable; calls on the Commission to provide improved transparency and participatory mechanisms for civil society and stakeholder consultations, including by establishing a clear overview of the funds used to finance cooperation with third countries, including in the field of migration management, across all its financial instruments and their implementation, including information on the amount, purpose and source of funding as well as detailed information on any other potential support measures provided by EU agencies such as the European Border and Coast Guard Agency, in order to ensure that Parliament can efficiently perform its institutional role of scrutiny of the implementation of the EU budget;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 247 #

2020/2045(INI)

Motion for a resolution
Paragraph 26
26. ExpectsCalls on the Commission to fully and primarily make use of the possibilities afforded by the programme-based approach under the geographic pillar of the NDICI-Global Europe and IPA III, complemented by global thematic programming,; insists that the rapid response funding and the large unprogrammed reserveemerging challenges and priorities cushion under the NDICI- Global Europe be targeted at well-defined emergency situations in coherence and consistency with all programmes and actions, to allow for proper monitoring and reporting on the results of EU’s intervention;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 251 #

2020/2045(INI)

Motion for a resolution
Paragraph 26 a (new)
26 a. Recalls that the funds from the Emerging challenges and priorities cushion under the NDICI-Global Europe are expected to top-up funding from the geographic, thematic programmes and rapid response actions; underlines that the Commission has committed to discuss the use of these funds as part of the geopolitical dialogue with the European Parliament, and to provide detailed information before their mobilisation, whilst fully taking into consideration the remarks of the European Parliament on the nature, objectives and financial amounts envisaged;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 254 #

2020/2045(INI)

Motion for a resolution
Paragraph 27
27. Is confident that the NDICI-Global Europe will allow for increased flexibility and responsiveness, allowing itwhile learning from past experiences and assessments of the existing trust funds, allowing it, when relevant, to continue and adapt their activities of the existing Trust Fundswithin the objectives of the Regulation and thereby safeguard the unity of the Union budget;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 263 #

2020/2045(INI)

Motion for a resolution
Paragraph 28
28. In the event of greater needs in the MFF 2021-2027, advocates increasing the NDICI-Global Europe envelope through a revision of the MFF and the NDICI-Global Europe regulations, or a strengthening of the relevant NDICI-Global Europe budget lines with contributions in the form of external assigned revenue; stresses that, should a need for a duly justified new Trust Fund nevertheless arise, itany flexible funding mechanism established in the framework of the NDICI-Global Europe should comply with the thematic spending targets defined in the Regulation; insists that Parliament must be fully involved from the very outsin the potential transition process of existing Trust Funds towards the NDICI from the very outset; calls on the Commission not to create any new trust fund or equivalent mechanism outside of the Union budget;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 269 #

2020/2045(INI)

Motion for a resolution
Paragraph 29
29. Calls on the Commission to prioritiseconsider the nexus approach in the implementation of the NDICI-Global Europe, and calls for the cooperation between EU humanitarian and development actors in compliance with the principle of independence of humanitarian aid, notably in post-crisis settings and in protracted crises, to be increased in order to better adapt to local needs and deliver more efficient results;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 271 #

2020/2045(INI)

Motion for a resolution
Paragraph 29 a (new)
29 a. Notes that the possibilities of mainstreaming migration policy in EU external policy are significantly broadened by the inclusion of migration in the thematic, geographical and rapid response component of NDICI; notes with concern, however, that through the ‘rapid response’ component, cooperation with third countries on migration management can be funded without the need for the Commission to publish any programming documents or consult civil society actors, and without the involvement of Parliament, including in the framework of the ‘Migration Preparedness and Crisis Blueprint’, which lacks mechanisms to assess the possible adverse impact of such interventions; insists in this regard on the need to ensure that the 2021-2027 Multiannual Financial Framework is accompanied by a robust human rights framework for the identification, implementation and monitoring of future migration cooperation programmes;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 275 #

2020/2045(INI)

Motion for a resolution
Paragraph 29 b (new)
29 b. Notes that NDICI-Global Europe foresees mid-term and final evaluations and the detailed annual reporting by Commission to Parliament and Council on the ongoing activities, results delivered, effectiveness, as well as progress towards the thematic targets and objectives of the Regulation; calls on the Commission to develop and implement a precise methodology for tracking the 10% expenditure earmarked for migration and forced displacement to effectively ensure proper transparency and accountability regarding this expenditure, as required by the Regulation;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 277 #

2020/2045(INI)

Motion for a resolution
Paragraph 30
30. Notes thatWelcomes the close-to-ground decision-making procedure and, adaptation to the local realities of the EUTFs and the FRT is of high added value, and needs to be mainstreamedand the possibility to implement cross-border and multi-year funded projects in the EUTFs and the FRT; calls for mainstreaming such aspects in the future programming exercises linked to budgetary instruments for EU external policy;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 285 #

2020/2045(INI)

Motion for a resolution
Paragraph 31 a (new)
31 a. Stresses the importance of allocating a substantial share of future EU funding in the field of migration to civil society groups in third countries for providing assistance and for the protection and monitoring of the rights of migrants, and of ensuring that a significant part of EU funding is earmarked for the improvement of human rights, international protection, and the future perspective of refugees;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 286 #

2020/2045(INI)

Motion for a resolution
Paragraph 31 b (new)
31 b. Reiterates that the EU has a global responsibility in hosting a fair share of people in need of international protection; stresses that financial assistance to third countries for the reception of refugees can under no circumstances substitute this responsibility;
2021/05/05
Committee: AFETDEVEBUDG
Amendment 3 #

2020/2023(INI)

Draft opinion
Recital A
A. whereas a third country cannot have the same rights and enjoy the same benefits as a member; whereas the Union should consider UK participation in Union and Euratom programmes having the Union’s interest first in mind; whereas any decision on UK participation in such programmes should take account of all relevant aspects of the envisaged partnership, since that partnership should form a coherent structure;
2020/04/07
Committee: BUDG
Amendment 9 #

2020/2023(INI)

Draft opinion
Recital B
B. whereas any UK participation in Union and Euratom programmes should respect all relevant rules and mechanisms and conditions of participation, as laid down in the corresponding legal bases; whereas, as a consequence and among other aspects, a fair balance as regards UK contributions and benefits should be ensured and the UK cannot enjoy decisional power on any programme;
2020/04/07
Committee: BUDG
Amendment 26 #

2020/2023(INI)

Draft opinion
Paragraph 1 – point b a (new)
(b a) (ba) encourage the participation of the UK in other programmes in which cooperation might be in the interest of both the EU and the UK, such as research and innovation, environment and development policy;
2020/04/07
Committee: BUDG
Amendment 33 #

2020/2023(INI)

Draft opinion
Paragraph 1 – point c a (new)
(c a) stand ready to limit, and possibly suspend, the UK participation in EU programmes in case the agreed pre- conditions as laid down in the withdrawal agreement and in any relevant legal base or treaty, especially the part on the financial settlement, are not fulfilled by the UK
2020/04/07
Committee: BUDG
Amendment 3 #

2020/2007(INI)

Draft opinion
Recital A a (new)
Aa. whereas the free movement of workers is a fundamental principle of the European Union, a right for all citizens and essential to the proper functioning of the internal market; whereas labour mobility should not only be free but also fair and underlined with solid rights so as to create a true level playing field;
2020/10/30
Committee: IMCO
Amendment 16 #

2020/2007(INI)

Draft opinion
Paragraph 1
1. Highlights that, in the present health crisis, free movement of workers, not only in the field of health services, clearly demonstrates the benefits of the PQDEU- wide free movement of workers and calls for this free movement to be adequately supported with rights to protect their working conditions, health and safety, especially for seasonal and cross-border workers; underlines furthermore that existing legislation concerning the access to social rights, such as social insurance, including their exportation, must be respected when workers exercise their rights to free movement;
2020/10/30
Committee: IMCO
Amendment 22 #

2020/2007(INI)

Draft opinion
Paragraph 1 a (new)
1a. Stresses that the latest decisions on travel restrictions crisis by certain Member States due to COVID19 have created uncertainty for both citizens and businesses, especially cross-border workers; calls therefore the Commission and Member States for coordination of such measures to prepare for future waves and ensure safe mobility for workers;
2020/10/30
Committee: IMCO
Amendment 25 #

2020/2007(INI)

Draft opinion
Paragraph 1 b (new)
1b. Welcomes the Commission’s legislative proposal on minimum wages that can underpin the EU single market, especially in the services sector, and allow for a level-playing field;
2020/10/30
Committee: IMCO
Amendment 29 #

2020/2007(INI)

Draft opinion
Paragraph 2
2. Regrets that insufficient national implementation of existing legislation continues to seriously hamperCalls on Member States to fully implement and better enforce existing legislation to ensure the free mobility of workers within the EU to the detriment of workerhat will benefit workers, citizens and the European economy as a whole;
2020/10/30
Committee: IMCO
Amendment 40 #

2020/2007(INI)

Draft opinion
Paragraph 3
3. Stresses that while it is a competence of Member Statregulation on access to regulate a certain profession, they must respect the limits of the principles of non- discrimination and proportionality, as explicitly stipulated in the Proportionality Test Directiveand exercise of professions may be necessary and legitimate for the protection of public interest and protect workers and consumers;
2020/10/30
Committee: IMCO
Amendment 65 #

2020/2007(INI)

Draft opinion
Paragraph 5
5. Encourages the Commission to fullycooperate with Member States to ensure a full implementation and enforcement of existing rules; calls for alternative resolution mechanisms to be assessed and for infringement procedures to be applied swiftly and rigorously whenever breaches of relevant legislation are identified or disproportionate and unjustified burdens introduced;
2020/10/30
Committee: IMCO
Amendment 40 #

2020/0380(COD)

Proposal for a regulation
Citation 1 a (new)
Having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission 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.
2021/03/08
Committee: BUDG
Amendment 44 #

2020/0380(COD)

Proposal for a regulation
Recital 3
(3) The Union is committed to mitigating the economic social and territorial impacts of the withdrawal of the United Kingdom from the Union and to show solidarity with all Member States, and regions and sectors especially the most affected ones in such exceptional circumstances.
2021/03/08
Committee: BUDG
Amendment 48 #

2020/0380(COD)

Proposal for a regulation
Recital 4
(4) A Brexit Adjustment Reserve (the ‘Reserve’) should be established to provide support to counter adverse consequences in Member States, regions and sectors, in particular those that are worst affected by the withdrawal of the United Kingdom from the Union, and thus to mitigate the related impact on the economic, social and territorial cohesion. It should cover in whole or in part the additional public expenditure incurred by Member States and regions for measures specifically taken to mitigate those consequences.
2021/03/08
Committee: BUDG
Amendment 53 #

2020/0380(COD)

Proposal for a regulation
Recital 5
(5) For the purposes of contributing to economic, social and territorial cohesion, it is appropriate that Member States, when designing support measures, focus in particular on the most affected regions, and on areas and local communities, including those dependent on fishing activities in the United Kingdom waters, that are likely to bthe most negatively impacted by the withdrawal of the United Kingdom. Member States may have to take specific measures notably to support organisations, businesses and economic sectors adversely affected by the withdrawal. It is therefore appropriate to provide a non-exhaustive list of the type of measures that are most likely to achieve this objective.
2021/03/08
Committee: BUDG
Amendment 56 #

2020/0380(COD)

Proposal for a regulation
Recital 6
(6) At the same time, it is important to clearly specify any exclusions from support provided by the Reserve. The Reserve should exclude from support the value added tax as it constitutes a Member State revenue, which offsets the related cost for the Member State budget. In order to concentrate the use of limited resources in the most efficient way, technical assistance used by the bodies responsible for the implementation of the Reserve should not be eligible for support from the Reserve. In line with the general approach for cohesion policy, expenditure linked to relocations or contrary to any applicable Union or national law should not be supported. Finally, as the financial sector is excluded from the EU-UK agreement and because positive spill-over effects are already visible within the Union, this sector should be excluded from any calculation.
2021/03/08
Committee: BUDG
Amendment 64 #

2020/0380(COD)

Proposal for a regulation
Recital 7
(7) In order to take into account the immediate impact of the adverse consequences of the withdrawal of the United Kingdom from the Union on the Member States and their economies and the need to adopt mitigating measures, as appropriate, prior to the expiry of the transition period, the eligibility period for implementing such measures should start as from 1 JulFebruary 2020 and be concentrated over a limited period of 305 months.
2021/03/08
Committee: BUDG
Amendment 67 #

2020/0380(COD)

Proposal for a regulation
Recital 8
(8) It is necessary to specify that the budget allocated to the Reserve should be implemented by the Commission under shared management with Member States and regional authorities within the meaning of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council12 (the ‘Financial Regulation’). It is therefore appropriate to determine the principles and specific obligations that the Member States, regions and local authorities should respect, in particular the principles of sound financial management, transparency and non-discrimination and the absence of conflict of interest. _________________ 12Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union (OJ L 193, 30.7.2018, p. 1).
2021/03/08
Committee: BUDG
Amendment 78 #

2020/0380(COD)

Proposal for a regulation
Recital 11
(11) In order to enable Member States to deploy the additional resources and to ensure sufficient financial means to swiftly implement measures under the Reserve, a substantial amount thereof should be disbursed in 2021 as pre-financing. The distribution method should take into account the importance of trade with the United Kingdom and the importance of fisheries in the United Kingdom exclusive economic zone, based on the latest reliable and official statistics. Given the unique nature of the event that the withdrawal of the United Kingdom from the Union constitutes and the uncertainty that has surrounded key aspects of the relationship between the United Kingdom and the Union after the expiry of the transition period, it is difficult to anticipate the appropriate measures Member States will have to take rapidly to counter the effects of the withdrawal. It is therefore necessary to grant Member States flexibility and in particular to allow the Commission to adopt the financing decision providing the pre-financing without the obligation pursuant to Article 110(2) of the Financial Regulation to provide a description of the concrete actions to be financed.
2021/03/08
Committee: BUDG
Amendment 100 #

2020/0380(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) ‘reference period’ means the reference period referred to in Article 63(5), point (a), of the Financial Regulation, which shall be from 1 JulFebruary 2020 to 31 December 2022;
2021/03/08
Committee: BUDG
Amendment 103 #

2020/0380(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
(2) ‘applicable law‘ means Union law, the national law and the natregional law relating to its application;
2021/03/08
Committee: BUDG
Amendment 104 #

2020/0380(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
(3 a) “most affected regions” means regions (NUTS-3) for which the Brexit- related negative economic and social impacts are above the EU27 average.
2021/03/08
Committee: BUDG
Amendment 105 #

2020/0380(COD)

Proposal for a regulation
Article 3 – paragraph 1
The Reserve shall provide support to counter the adverse economic, social, territorial and environmental consequences of the withdrawal of the United Kingdom from the Union in Member States, regions and sectors, in particular those that are worst affected by that withdrawal, and to mitigate the related impact on the economic, social and territorial cohesion. The Reserve shall however be in line with the European Green Deal and the Digital agenda. The Reserve shall not support measures that are not aligned with the ‘do no significant harm’ (DNSH) principle as provided for in the[Taxonomy] regulation.
2021/03/08
Committee: BUDG
Amendment 110 #

2020/0380(COD)

Proposal for a regulation
Article 4 – paragraph -1 (new)
-1. The most affected regions shall receive, at least, 80% of the funding as defined in paragraph 2 and shall directly get access to the Reserve.
2021/03/08
Committee: BUDG
Amendment 112 #

2020/0380(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. The maximum resources for the Reserve shall be EUR 5 370 994000 000 000 in 2018 prices (5 xxx xxx xxx in current prices).
2021/03/08
Committee: BUDG
Amendment 116 #

2020/0380(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point a
(a) a pre-financing amount of EUR 4 244 832 0003 000 000 000 in 2018 prices (EUR 3 xxx xxx xxx in current prices) shall be made available in 2021 in accordance with Article 8;
2021/03/08
Committee: BUDG
Amendment 120 #

2020/0380(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point a a (new)
(a a) a pre-financing amount of EUR 1 000 000 000 in 2018prices (EUR 1 xxx xxx xxx in current prices ) shall be made available in 2022in accordance with Article 8;
2021/03/08
Committee: BUDG
Amendment 121 #

2020/0380(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point b
(b) additional amounts of EUR 1 126 162 000000 000 000 in 2018 prices (1 xxx xxx xxx in current prices) shall be made available in 2024 in accordance with Article 11.
2021/03/08
Committee: BUDG
Amendment 125 #

2020/0380(COD)

Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
The amounts referred to in point (a) and (aa) of the first subparagraph of this paragraph shall be considered pre- financing within the meaning of Article 115(2), point (b)(i), of the Financial Regulation.
2021/03/08
Committee: BUDG
Amendment 126 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part
1. The financial contribution from the Reserve shall only support the public expenditure directly linked to measures specifically taken by Member States and regional authorities to contribute to the objectives referred to in Article 3, andshall be aligned with the European Green Deal and the digital agenda, and shall respect the ‘do no significant harm’ (DNSH) principle as provided for in the [Taxonomy]regulation. It may cover, in particular the following:
2021/03/08
Committee: BUDG
Amendment 127 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) measures to assist businessupport and assist organisations, in particular Small and Medium-Sized Entreprises, and local communities adversely affected by the withdrawal, particularly in the most affected regions;
2021/03/08
Committee: BUDG
Amendment 130 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) measures to support the most affected economic sectors, except the financial and banking sector;
2021/03/08
Committee: BUDG
Amendment 132 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) measures to support businesses and local communities dependent on fishing activities in the United Kingdom waters, firstly those which cannot compensate those impacts by having activities or related activities in different waters. Measures excluded in the European Maritime, Fisheries and Aquaculture Fund shall be excluded from the Reserve;
2021/03/08
Committee: BUDG
Amendment 139 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) measures to support employment, and including through short-time work schemes,sion, including re-skilling and training in affected sectors;
2021/03/08
Committee: BUDG
Amendment 140 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
(d a) new measures aimed at supporting citizens affected by restrictions to free movement due to the withdrawal including citizens' advice services, information, and legal protection.
2021/03/08
Committee: BUDG
Amendment 144 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g
(g) measures for communication, information, legal information and awareness-raising of citizens and businesses about changes stemming from the withdrawal to their rights and obligations.
2021/03/08
Committee: BUDG
Amendment 145 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
(g a) measures deemed to compensate directly or indirectly foregone revenues or activities which are affected by other regional, national or European policies or decisions and not demonstrably linked to the withdrawal shall be excluded;
2021/03/08
Committee: BUDG
Amendment 148 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. Expenditure shall be eligible if it is incurred and paid during the reference period for measures carried out in the Member State and regions concerned or for the benefit of the Member State or region concerned.
2021/03/08
Committee: BUDG
Amendment 150 #

2020/0380(COD)

3. When designing support measures, Member States shall take into account the varied impact of the withdrawal of the United Kingdom from the Union on different regions and local communities and focus support from the Reserve on those most affected, as appropriate. Member States shall dedicate at least 80% of their envelope to their most affected regions if they have any.
2021/03/08
Committee: BUDG
Amendment 155 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 1
The Member State may reduce the time limit set out in the first subparagraph to threfive years in cases concerning the maintenance of investments or jobs created by small and medium-sized enterprises.
2021/03/08
Committee: BUDG
Amendment 163 #

2020/0380(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. The allocation criteria for pre- financing to be paid by the Commission to Member States and regions are set out in Annex I.
2021/03/08
Committee: BUDG
Amendment 164 #

2020/0380(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. Subject to receipt of the information required under Article 13(1), point (d), of this Regulation the Commission shall, by means of an implementing delegated act, set out the breakdown of the resources referred to in Article 4(3)(a) of this Regulation per Member State. That implementing act shall constitute a financing decision within the meaning of Article 110(1) of the Financial Regulation and the legal commitment within the meaning of that Regulation. By way of derogation from Article 110(2) of the Financial Regulation, that financing decision shall not include a description of the actions to be financed.
2021/03/08
Committee: BUDG
Amendment 167 #

2020/0380(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. The Commission shall pay the pre- financing within 630 days of the date of the adoption of the implementingdelegated act referred to in paragraph 2. It shall be cleared in accordance with Article 11.
2021/03/08
Committee: BUDG
Amendment 168 #

2020/0380(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. The Member States and regional authorities shall submit an application to the Commission for a financial contribution from the Reserve by 30 September 2023. The Commission shall assess this application and establish whether additional amounts are due to Member States and regions or any amounts should be recovered from the Member States and regions in accordance with Article 11.
2021/03/08
Committee: BUDG
Amendment 171 #

2020/0380(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Where a Member State or a regional authority does not submit an application for a financial contribution from the Reserve by 30 September 2023, the Commission shall recover the total amount paid as pre- financing to that Member State or regional authority.
2021/03/08
Committee: BUDG
Amendment 174 #

2020/0380(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The application shall be based on the template set out in Annex II. The application shall include information on the total public expenditure incurred and paid by Member States or by the regional authority and the values of output indicators for the measures supported. It shall be accompanied by the documents referred to in paragraphs 5, 6 and 7 of Article 63 of the Financial Regulation and by an implementation report.
2021/03/08
Committee: BUDG
Amendment 176 #

2020/0380(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point a
(a) a description of the impact of the withdrawal of the United Kingdom from the Union in economic and social territorial and environmental terms including an identification of the regions, areas and sectors most affected;
2021/03/08
Committee: BUDG
Amendment 182 #

2020/0380(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point e a (new)
(e a) a description of the coherence of the measures with the European Green Deal and the Digital agenda.
2021/03/08
Committee: BUDG
Amendment 183 #

2020/0380(COD)

Proposal for a regulation
Article 11 – paragraph 2 – introductory part
2. Based on the assessment, the Commission shall, by means of an implementing delegated act, establish the following:
2021/03/08
Committee: BUDG
Amendment 185 #

2020/0380(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point b
(b) whether additional amounts are due to the Member State or the regional authority, in line with paragraph 3, or whether amounts need to be recovered pursuant to paragraph 5.
2021/03/08
Committee: BUDG
Amendment 187 #

2020/0380(COD)

Proposal for a regulation
Article 11 – paragraph 3 – introductory part
3. Where the accepted amount exceeds both the amount of pre-financing and 0.06% of the nominal GNI of 2021 of the Member State concerned, an additional amount shall be due to that Member State or the region from the allocation referred to in Article 4(3), point (b), and any amounts carried over pursuant to Article 8(4).
2021/03/08
Committee: BUDG
Amendment 192 #

2020/0380(COD)

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2
Where the sum of the additional amounts for all Member States and regions calculated pursuant to the first subparagraph of this paragraph exceeds the resources available according to Article 4(3), point (b), the contributions from the Reserve shall be reduced proportionately.
2021/03/08
Committee: BUDG
Amendment 194 #

2020/0380(COD)

Proposal for a regulation
Article 11 – paragraph 5
5. The Commission shall clear the respective pre-financing and pay any additional amount due within 630 days of adoption of the implementing act referred to in paragraph 2.
2021/03/08
Committee: BUDG
Amendment 195 #

2020/0380(COD)

Proposal for a regulation
Article 11 – paragraph 7
7. The Commission shall, by means of an implementing delegated act , set out the additional amounts due pursuant to the second sentence of paragraph 6 of this Article. That implementing act shall constitute a financing decision within the meaning of Article 110(1) of the Financial Regulation and the legal commitment within the meaning of that Regulation. The Commission shall pay any additional amount due within 60 days of adoption of that act.
2021/03/08
Committee: BUDG
Amendment 196 #

2020/0380(COD)

Proposal for a regulation
Article 11 – paragraph 8
8. Prior to the adoption of the implementingdelegated acts referred to in paragraphs 2 and 7, the Commission shall inform the Member State of its assessment and invite the Member State to submit its observations within two months.
2021/03/08
Committee: BUDG
Amendment 197 #

2020/0380(COD)

Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. When executing tasks relating to the implementation of the Reserve, Member States and regions shall take all the necessary measures, including legislative, regulatory and administrative measures, to protect the financial interests of the Union, namely by:
2021/03/08
Committee: BUDG
Amendment 212 #

2020/0380(COD)

Proposal for a regulation
Article 15 – paragraph 1
Member States and regions shall be responsible for informing and publicising to Union citizens the role, the results and impact of the Union contribution from the Reserve through information and communication actions.
2021/03/08
Committee: BUDG
Amendment 216 #

2020/0380(COD)

Proposal for a regulation
Annex I – subheading 1
Allocation method for the pre-financing of the Brexit Adjustment Reserve
2021/03/08
Committee: BUDG
Amendment 217 #

2020/0380(COD)

The pre-financing of the Brexit Adjustment Reserve shall be distributed between the Member States and regions according to the following methodology:
2021/03/08
Committee: BUDG
Amendment 219 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 1
1. Each Member State’s share from pre-financing of the Brexit Adjustment Reserve is determined as the sum of a factor linked to the fish caught in the waters that belong to the UK Exclusive Economic Zone (EEZ) and a factor linked to trade with the UK.
2021/03/08
Committee: BUDG
Amendment 221 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2
2. The factor linked to fish caught in the UK EEZ is used to allocate EUR 600 m1 billion. The factor linked to trade is used to allocate EUR 3 400 m4 billion. Both amounts are expressed in 2018 prices.
2021/03/08
Committee: BUDG
Amendment 224 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 3 – point a
a) share of each Member Stateregion (NUTS 3) of the total value of the fish caught in the UK EEZ;
2021/03/08
Committee: BUDG
Amendment 225 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 3 – point b – introductory part
b) these shares are increased for Member Statesregions (NUTS 3) with fisheries that have an above average dependency on the fish caughts in the UK EEZ and decreased for the ones that have a below average dependency as following:
2021/03/08
Committee: BUDG
Amendment 226 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 3 – point b – point i
(i) for each Member Stateregion (NUTS3), the value of fish caught in UK EEZ as a percentage of the total value of fish caught by that Member Stateregion is expressed as an index of the EU average (index of dependency);
2021/03/08
Committee: BUDG
Amendment 227 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 3 – point b – point ii
(ii) the initial share of the value of fish caught in the UK EEZ is adjusted by multiplying it with the Member State’region's index of dependency;
2021/03/08
Committee: BUDG
Amendment 228 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 3 – point b – point iii
(iii) these adjusted shares are rescaled to ensure that the sum of all Member Stateregions’ shares equals 100%.
2021/03/08
Committee: BUDG
Amendment 229 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 4 – introductory part
4. The factor linked to trade, excluding financial and banking sectors, is obtained by applying the following steps:
2021/03/08
Committee: BUDG
Amendment 230 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 4 – point a
a) each Member State’s trade with the UK is expressed as share of the EU trade with the UK (trade is the sum of the imports and the exports of good and services, excluding financial and banking sector);
2021/03/08
Committee: BUDG
Amendment 232 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 4 – point g
g) if this calculation leads to an allocation exceeding 0.35% of a Member State’s GNI (measured in Euro), that Member State’s allocation is capped at the level of 0.35% of its GNI. The resources deducted due to this capping are redistributed to the other Member States, proportionally to their non-capped shares;deleted
2021/03/08
Committee: BUDG
Amendment 233 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 4 – point h
h) if the calculation referred to in point g) results in an aid intensity of more than EUR 190/inhabitant, that Member State’s allocation is capped at the level corresponding to an aid intensity of EUR 190/inhabitant. The resources deducted due to this capping are distributed to the Member States not capped under points g) or h), proportionally to their shares as calculated in point g).deleted
2021/03/08
Committee: BUDG
Amendment 235 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 5 – introductory part
5. For the purposes of calculating the distribution of the pre-financing of the Brexit Adjustment Reserve:
2021/03/08
Committee: BUDG
Amendment 236 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 5 – point a
a) for the value of the fish caught in UK EEZ the reference period shall be 2015-20189;
2021/03/08
Committee: BUDG
Amendment 237 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 5 – point b
b) for the value of the fish caught in the UK EEZ as a share of total value of fish caught by a Member State, the reference period shall be 2015-20189;
2021/03/08
Committee: BUDG
Amendment 238 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 5 – point c
c) for trade the reference period shall be 20175-2019;
2021/03/08
Committee: BUDG
Amendment 239 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 5 – point d
d) for GNI the refence period shall be 20175-2019;
2021/03/08
Committee: BUDG
Amendment 240 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 5 – point e
e) for GNI/capita (in purchasing power parities) the reference period shall be 2016-20189;
2021/03/08
Committee: BUDG
Amendment 241 #

2020/0380(COD)

f) for GDP and for total population of the Member States the reference period shall be 20176-2019.
2021/03/08
Committee: BUDG
Amendment 242 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 5 a (new)
5 a. For the purposes of defining the most affected regions, the regions (NUTS 3) above the average shall be considered as the most affected regions.The index defining them is to be calculated as follows: a) 20% based on the average dependency in the field of fisheries as defined in point 3 b) 80% based on the average dependency in the field of fisheries as defined in point 4
2021/03/08
Committee: BUDG
Amendment 88 #

2020/0374(COD)

Proposal for a regulation
Recital 1
(1) Digital services in general and online platforms in particular play an increasingly important role in the economy, in particular in the internal market, by providing new business opportunities in the Union and facilitating cross-border trading and a greater choice in products and services provided to the consumers and business users.
2021/09/13
Committee: ITRE
Amendment 90 #

2020/0374(COD)

Proposal for a regulation
Recital 2
(2) Core platform services, at the same time, feature a number of characteristics that can be exploited by their providers. These characteristics of core platform services include among others extreme scale economies, which often result from nearly zero marginal costs to add business users or end users. Other characteristics of core platform services are very strong network effects, an ability to connect many business users with many end users through the multi-sidedness of these services, a significant degree of dependence of both business users and end users, lock-in effects, a lack of multi- homing for the same purpose by end users, vertical integration, and data driven- advantages. All these characteristics combined with unfair conduct by providers of these services can have the effect of substantially undermining the contestability of the core platform services, as well as impacting the fairness of the commercial relationship between providers of such services and their business users and end users, leading to rapid and potentially far-reaching decreases in business users’ and end users’ choice in practice, and therefore can confer to the provider of those services the position of a so-called gatekeeper. It is important to note that end users are similarly affected by unfair practices by gatekeepers and their interests should be taken into account in the obligations to be imposed under this Regulation.
2021/09/13
Committee: ITRE
Amendment 96 #

2020/0374(COD)

Proposal for a regulation
Recital 10
(10) Articles 101 and 102 TFEU and the corresponding national competition rules concerning anticompetitive multilateral and unilateral conduct as well as merger control have as their objective the protection of undistorted competition on the market. This Regulation pursues an objective that is complementary to, but different from that of protecting undistorted competition on any given market, as defined in competition-law terms, which is to ensure that markets where gatekeepers are present are and remain contestable and fair, independently from the actual, likely or presumed effects of the conduct of a given gatekeeper covered by this Regulation on competition on a given market. This Regulation therefore aims at protecting a different legal interest from those rules and should be without prejudice tocomplement their application.
2021/09/13
Committee: ITRE
Amendment 98 #

2020/0374(COD)

Proposal for a regulation
Recital 11
(11) This Regulation should also complement, without prejudice to their application, the rules resulting from other acts of Union law regulating certain aspects of the provision of services covered by this Regulation, in particular Regulation (EU) 2019/1150 of the European Parliament and of the Council26 , Regulation (EU) xx/xx/EU [DSA] of the European Parliament and of the Council27 , Regulation (EU) 2016/679 of the European Parliament and of the Council28 , and Directive 2002/58/EC28a, Directive (EU) 2019/790 of the European Parliament and of the Council29 , Directive (EU) 2015/2366 of the European Parliament and of the Council30 , and Directive (EU) 2010/13 of the European Parliament and of the Council31 , as well as national rules aimed at enforcing or, as the case may be, implementing that Union legislation. _________________ 26 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). 27Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC. 28Regulation (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). 28aDirective 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) 29 Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/ (OJ L 130, 17.5.2019, p. 92.). 30Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC ( OJ L 337, 23.12.2015, p. 35). 31Directive 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) (OJ L 95, 15.4.2010, p. 1).
2021/09/13
Committee: ITRE
Amendment 100 #

2020/0374(COD)

Proposal for a regulation
Recital 12
(12) Weak contestability and unfair practices in the digital sector are more frequent and pronounced for certain digital services than for others. This is the case in particular for widespread and commonly used digital services that mostly directly intermediate between business users and end users and where features 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 are the most prevalent. Often, there is only one or very few large providers of those digital services. These providers of core platform services have emerged most frequently as gatekeepers for business users and end users with far-reaching impacts, gaining the ability to easily set commercial conditions and terms in a unilateral and detrimental manner for their business users and end users. Accordingly, it is necessary to focus only on all those digital services that are most broadly used by business users and end users and where, based on current market conditions, concerns about weak contestability and unfair practices by gatekeepers are more apparent and pressing from an internal market perspective.
2021/09/13
Committee: ITRE
Amendment 104 #

2020/0374(COD)

Proposal for a regulation
Recital 13
(13) In particular, online intermediation services, online search engines, operating systems, online social networking, video sharing platform services, number- independent interpersonal communication services, cloud computing services and online advertising, including business to business clouds, online advertising, embedded digital services in vehicles, browsers, voice assistants, connected tv and collaborative economy 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 may also be active in the field of financial services, and they may intermediate or be used to provide such services as listed non-exhaustively in Annex II to Directive (EU) 2015/1535 of the European Parliament and of the Council32 . In certain circumstances, the notion of end users should encompass users that are traditionally considered business users, but in a given situation do not use the core platform services to provide goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes. _________________ 32Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, OJ L 241, 17.9.2015, p. 1.
2021/09/13
Committee: ITRE
Amendment 107 #

2020/0374(COD)

Proposal for a regulation
Recital 13 a (new)
(13 a) 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 sell goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes.
2021/09/13
Committee: ITRE
Amendment 125 #

2020/0374(COD)

Proposal for a regulation
Recital 23
(23) Providers of core platform services which meet the quantitative thresholds but are able to present sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, they do not fulfil the objective requirements for a gatekeeper, should not be designated directly, but only subject to a further investigation. The burden of adducing evidence that the presumption deriving from the fulfilment of quantitative thresholds should not apply to a specific provider should be bbe subject to an assessment by the Commission whether they qualify or not as a gatekeeper in light of the argument presented. This assessment should be done within specific time limits and not lead to undue delay in designating the provider of a corne by that providplatform service as a gatekeeper. In its assessment, the Commission should take into account only the elements which directly relate to the requirements for constituting a gatekeeper, namely whether it is an important gateway which is operated by a provider with a significant impact in the internal market with an entrenched and durable position, either actual or foreseeable. Any justification on economic grounds seeking to demonstrate efficiencies deriving from a specific type of behaviour by the provider of core platform services should be discarded, as it is not relevant to the designation as a gatekeeper. The Commission should be able to take a decision by relying on the quantitative thresholds where the provider significantly obstructs the investigation by failing to comply with the investigative measures taken by the Commission.
2021/09/13
Committee: ITRE
Amendment 129 #

2020/0374(COD)

Proposal for a regulation
Recital 1
(1) Digital services in general and online platforms in particular play an increasingly important role in the economy, in particular in the internal market, by providing new business opportunities in the Union and facilitating cross-border trading but also to the benefit of consumers with a greater choice in products and services provided.
2021/07/09
Committee: IMCO
Amendment 130 #

2020/0374(COD)

Proposal for a regulation
Recital 2
(2) Core platform services, at the same time, feature a number of characteristics that can be exploited by their providers. These characteristics of core platform services include among others extreme scale economies, which often result from nearly zero marginal costs to add business users or end users. Other characteristics of core platform services are very strong network effects, an ability to connect many business users with many end users through the multi-sidedness of these services, a significant degree of dependence of both business users and end users, lock-in effects, a lack of multi- homing for the same purpose by end users, vertical integration, and data driven- advantages. All these characteristics combined with unfair conduct by providers of these services can have the effect of substantially undermining the contestability of the core platform services, as well as impacting the fairness of the commercial relationship between providers of such services and their business users and end users, and lowering of consumer protection standards; leading to rapid and potentially far-reaching decreases in business users’ and end users’ choice in practice, and therefore can confer to the provider of those services the position of a so-called gatekeeper. End users are similarly affected by unfair practices by gatekeepers and their interests should be taken into account in the obligations to be imposed under this Regulation.
2021/07/09
Committee: IMCO
Amendment 131 #

2020/0374(COD)

Proposal for a regulation
Recital 26
(26) A particular subset of rules should apply to those providers of core platform services that are foreseen to enjoy an entrenched and durable position in the near future for instance because the Commission has been notified of an intended concentration and assessed its impact on the contestability of digital markets. The same specific features of core platform services make them prone to tipping: once a service provider has obtained a certain advantage over rivals or potential challengers in terms of scale or intermediation power, its position may become unassailable and the situation may evolve to the point that it is likely to become durable and entrenched in the near future. Undertakings can try to induce this tipping and emerge as gatekeeper by using some of the unfair conditions and practices regulated in this Regulation. In such a situation, it appears appropriate to intervene before the market tips irreversibly.
2021/09/13
Committee: ITRE
Amendment 137 #

2020/0374(COD)

Proposal for a regulation
Recital 31
(31) To ensure the effectiveness of the review of gatekeeper status as well as the possibility to adjust the list of core platform services provided by a gatekeeper, the gatekeepers should inform the Commission of all of their intended and concluded acquisitions of other providers of core platform services or any other services provided within the digital sector. Such information should not only serve the review process mentioned above, regarding the status of individual gatekeepers, but will also provide information that is crucial to monitoring broader contestability trends in the digital sector and can therefore be a useful factor, including for consideration in the context of the market investigations foreseen by this Regulation, as well as trigger behavioural or structural remedies on gatekeepers to restore contestability and fairness on digital markets.
2021/09/13
Committee: ITRE
Amendment 140 #

2020/0374(COD)

Proposal for a regulation
Recital 32
(32) To safeguard the fairness and contestability of core platform services provided by gatekeepers, it is necessary to provide in a clear and unambiguous manner for a set of harmonised obligations with regard to those services. Such rules are needed to address the risk of harmful effects of unfair practices imposed by gatekeepers, to the benefit of the business environment in the services concerned, to the benefit of users and ultimately to the benefit of society as a whole. Given the fast-moving and dynamic nature of digital markets, and the substantial economic power of gatekeepers, it is important that these obligations are effectively applied without being circumvented. To that end, the obligations in question should apply to any practices by a gatekeeper, irrespective of its form and irrespective of whether it is of a contractual, commercial, technical or any other nature, including through product design, structure, function or manner of operation capable of influencing user’s choice or autonomy, or through agreements with third party business partners of the gatekeepers insofar as a practice corresponds to the type of practice that is the subject of one of the obligations of this Regulation.
2021/09/13
Committee: ITRE
Amendment 145 #

2020/0374(COD)

Proposal for a regulation
Recital 34 a (new)
(34 a) The network effect is one of the factors that accelerated very large online platforms growth, increasing the value of their services to its users and the user base. When combined with the increased level of integration that technology has in most people's lives, this has a chilling effect on the choice that consumers have. Data portability requirements are a first step in re-establishing the freedom of choice, but in some particular cases more measures are needed. Looking at how communication markets evolved over time and the changes in communication habits, it can be concluded that some services offered by online platforms are replacing services like voice and SMS communications, services that come with interconnection, portability and interoperability requirements. Due to its social importance, access to internet was recently included in the Universal Service obligations, and as a particular case of services, number independent interpersonal communication services are subject to potential remedies by National Regulatory Agencies according to Article 61 (2)(c) of the Directive 2018/1792, the European Electronic Communication Code. As this regulation applies in the particular case of gatekeepers, meaning entities that have been already assessed as having a significant impact on the internal market and endangering end-to- end connectivity, this Regulation builds up on the EECC provisions and introduces a interoperability requirement for gatekeepers services that are social media or number independent interpersonal communication services.
2021/09/13
Committee: ITRE
Amendment 149 #

2020/0374(COD)

Proposal for a regulation
Recital 36
(36) The conduct of combining end user data from different sources or signing in users to different services of gatekeepers gives them potential advantages in terms of accumulation of data, thereby raising barriers to entry. To ensure that gatekeepers do not unfairly undermine the contestability of core platform services, they should enable their end usIndividual consent, expressed in accordance with GDPR is always needed in order to combine personal data across services. Article 5(a) of this Regulation should not be unders to freely choose to opt-od as suggesting to such business practices by offering a less personalised alternative. The possibility should cover all possible sources of personal data, including own services of the gatekeeper as well as third party websites, and should be proactively presented to the end user in an explicit, clear and straightforward mannerhat platforms that are not designated as gatekeepers can act without the individual’s consent. It needs to be recalled that consent is not the only necessary requirement for data processing, and data limitation should guide the collection and use of data in all online activities.
2021/09/13
Committee: ITRE
Amendment 151 #

2020/0374(COD)

Proposal for a regulation
Recital 10
(10) Articles 101 and 102 TFEU and the corresponding national competition rules concerning anticompetitive multilateral and unilateral conduct as well as merger control have as their objective the protection of undistorted competition on the market. This Regulation pursues an objective that is complementary to, but different from that of protecting undistorted competition on any given market, as defined in competition-law terms, which is to ensure that markets where gatekeepers are present are and remain contestable and fair, independently from the actual, likely or presumed effects of the conduct of a given gatekeeper covered by this Regulation on competition on a given market. This Regulation therefore aims at protecting a different legal interest from those rules and should be without prejudice tocomplement their application.
2021/07/09
Committee: IMCO
Amendment 151 #

2020/0374(COD)

Proposal for a regulation
Recital 37
(37) Because of their position, gatekeepers might in certain cases restrict the ability of business users of their online intermediation services to offer their goods or services to end users under more favourable conditions, including price, through other online intermediation services or through direct business channels. Such restrictions have a significant deterrent effect on the business users of gatekeepers in terms of their use of alternative online intermediation services or direct distribution channels, limiting inter-platform contestability, which in turn limits choice of alternative online intermediation channels for end users. To ensure that business users of online intermediation services of gatekeepers can freely choose alternative online intermediation services or other direct distribution channels and differentiate the conditions under which they offer their products or services to their end users, it should not be accepted that gatekeepers limit business users from choosing to differentiate commercial conditions, including price. Such a restriction should apply to any measure with equivalent effect, such as for example increased commission rates or, de-listing of the offers or less favourable display of business users in the ranking.
2021/09/13
Committee: ITRE
Amendment 152 #

2020/0374(COD)

Proposal for a regulation
Recital 11
(11) This Regulation should also complement, without prejudice to their application, the rules resulting from other acts of Union law regulating certain aspects of the provision of services covered by this Regulation, in particular Regulation (EU) 2019/1150 of the European Parliament and of the Council26 , Regulation (EU) xx/xx/EU [DSA] of the European Parliament and of the Council27 , Regulation (EU) 2016/679 of the European Parliament and of the Council28 , Directive (EU) 2019/790 of the European Parliament and of the Council29 and Directive 2002/58/EC29a, Directive (EU) 2015/2366 of the European Parliament and of the Council30 , Directive (EU) 2019/88230a, Directive(EU) 2018/180830b, and Directive (EU) 2010/13 of the European Parliament and of the Council31 , as well as national rules aimed at enforcing or, as the case may be, implementing that Union legislation. _________________ 26 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). 27Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC. 28Regulation (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). 29 Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/ (OJ L 130, 17.5.2019, p. 92.). 29aDirective 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) 30Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC ( OJ L 337, 23.12.2015, p. 35). 30aDirective (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (Text with EEA relevance) 30bDirective (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU 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) in view of changing market realities 31Directive 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) (OJ L 95, 15.4.2010, p. 1).
2021/07/09
Committee: IMCO
Amendment 156 #

2020/0374(COD)

Proposal for a regulation
Recital 12
(12) Weak contestability and unfair practices in the digital sector are more frequent and pronounced for certain digital services than for others. This is the case in particular for widespread and commonly used digital services that mostly directly intermediate between business users and end users and where features 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 are the most prevalent. Often, there is only one or very few large providers of those digital services. These providers of core platform services have emerged most frequently as gatekeepers for business users and end users with far-reaching impacts, gaining the ability to easily set commercial conditions and terms in a unilateral and detrimental manner for their business users and end users. Accordingly, it is necessary to focus on ally onf those digital services that are most broadly used by business users and end users and where, based on current market conditions, concerns about weak contestability and unfair practices by gatekeepers are more apparent and pressing from an internal market perspective.
2021/07/09
Committee: IMCO
Amendment 160 #

2020/0374(COD)

Proposal for a regulation
Recital 13
(13) In particular, online intermediation services, online search engines, operating systems, online social networking, video sharing platform services, number- independent interpersonal communication services, cloud computing services and online advertising services all have the capacity to affect a large number of end users and businesses alike, which entails a risk of unfair business practice, including business-to-business clouds, online advertising services, embedded digital services in vehicles, browsers, virtual assistant, connected tv and collaborative economy services all have the capacity to affect a large number of end users and businesses alike, which entails a risk of unfair business practices. Collaborative economy services, especially short term rental and online hotel reservation services are present in a market characterised by a high level of concentration. Due to their position on the market and their capacity to connect end users and business users they have substantial influence on the strategy and price setting of their business users. They therefore should be included in the definition of core platform services and fall into the scope of this Regulation. 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 164 #

2020/0374(COD)

Proposal for a regulation
Recital 13 a (new)
(13 a) 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 sell goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes.
2021/07/09
Committee: IMCO
Amendment 165 #

2020/0374(COD)

Proposal for a regulation
Recital 41
(41) Gatekeepers should not restrict the free choice of end users by technically preventing switching between or subscription to different software applications and services. Gatekeepers should therefore ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and should not raise artificial technical barriers so as to make switching impossible or ineffective. The mere offering of a given productcommercial terms, including pricing, for the provision orf services to end users, includinga business user or end user should not bye means of pre-installation, as well the improvement of end user offering, such as better prices or increased quality, would not in itself constitute a barrier to switchingade dependent upon whether or to what degree business user or end user uses other applications or services from the same provider, or a related entity.
2021/09/13
Committee: ITRE
Amendment 168 #

2020/0374(COD)

Proposal for a regulation
Recital 15
(15) The fact that a digital service qualifies as a core platform service in light of its widespread and common use and its importance for connecting business users and end users does not as such give rise to sufficiently serious concerns of contestability and unfair practices. It is only when a core platform service constitutes an important gateway and is operated by a provider with a significant impact in the internal market and an entrenched and durable position, or by a provider that will foreseeably have such a position in the near future, subject to a market investigation or to an assessment by the Commission based on a notification submitted in line with article 12, that such concerns arise. Accordingly, the targeted set of harmonised rules laid down in this Regulation should apply only to undertakings designated on the basis of these three objective criteria, and they should only apply to those of their core platform services that individually constitute an important gateway for business users to reach end users.
2021/07/09
Committee: IMCO
Amendment 168 #

2020/0374(COD)

Proposal for a regulation
Recital 42
(42) The conditions under which gatekeepers provide online advertising services to business users including both advertisers and publishers are often non- transparent and opaque. This opacity is partly linked to the practices of a few platforms, but is also due to the sheer complexity of modern day programmatic advertising. The sector is considered to have become more non-transparent after the introduction of new privacy legislation, and is expected to become even more opaque with the announced removal of third-party cookies. This often leads to a lack of information and knowledge for advertisers and publishers about the conditions of the advertising services they purchased and undermines their ability to switch to alternative providers of online advertising services. Furthermore, the costs of online advertising are likely to be higher than they would be in a fairer, more transparent and contestable platform environment. These higher costs are likely to be reflected in the prices that end users pay for many daily products and services relying on the use of online advertising. Transparency obligations should therefore require gatekeepers to provide advertisers and publishers to whom they supply online advertising services, when requested and to the extent possible, with information that allows both sides to understand the price paid for each of the different advertising services provided as part of the relevant advertising value chain.
2021/09/13
Committee: ITRE
Amendment 177 #

2020/0374(COD)

Proposal for a regulation
Recital 47
(47) The rules that the gatekeepers set for the distribution of software applications may in certain circumstances restrict the ability of end users to install and effectively use third party software applications or software application stores on operating systems or hardware of the relevant gatekeeper and restrict the ability of end users to access these software applications or software application stores outside the core platform services of that gatekeeper. Such restrictions may limit the ability of developers of software applications to use alternative distribution channels and the ability of end users to choose between different software applications from different distribution channels and should be prohibited as unfair and liable to weaken the contestability of core platform services. In order 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 the gatekeeper concerned may implement proportionate technical or contractual measures to achieve that goal if the gatekeeper demonstrates that such measures are necessary and justified and that there are no less restrictive means to safeguard the integrity of the hardware or operating system.deleted
2021/09/13
Committee: ITRE
Amendment 182 #

2020/0374(COD)

Proposal for a regulation
Recital 48
(48) Gatekeepers are often vertically integrated and offer certain products or services to end users through their own core platform services, or through a business user over which they exercise control which frequently leads to conflicts of interest. This can include the situation whereby a gatekeeper offers its own online intermediation services through an online search engine. When offering those products or services on the core platform service, gatekeepers can reserve a better position to their own offering, in terms of ranking, as opposed to the products of third parties also operating on that core platform service. This can occur for instance with products or services, including other core platform services, which are ranked in the results communicated by online search engines, or which are partly or entirely embedded in online search engines results, groups of results specialised in a certain topic, displayed along with the results of an online search engine, which are considered or used by certain end users as a service distinct or additional to the online search engine. Other instances are those of software applications which are distributed through software application stores, or products or services that are given prominence and display in the newsfeed of a social network, or products or services ranked in search results or displayed on an online marketplace or in results provided to a search through virtual assistants. In those circumstances, the gatekeeper is in a dual- role position as intermediary for third party providers and as direct provider of products or services of the gatekeeper. Consequently, these gatekeepers have the ability to undermine directly the contestability for those products or services on these core platform services, to the detriment of business users which are not controlled by the gatekeeper.
2021/09/13
Committee: ITRE
Amendment 183 #

2020/0374(COD)

Proposal for a regulation
Recital 22
(22) Such thresholds can be impacted by market and technical developments. The Commission should therefore be empowered to adopt delegated acts to specify the methodology for determining whether the quantitative thresholds are met, and to regularly adjust ithis methodology to market and technological developments where necessary. This is particularly relevant in relation to the threshold referring to market capitalisation, which should be indexed in appropriate intervals.
2021/07/09
Committee: IMCO
Amendment 185 #

2020/0374(COD)

Proposal for a regulation
Recital 23
(23) Providers of core platform services which meet the quantitative thresholds but are able to present sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, they do not fulfil the objective requirements for a gatekeeper, should not be designated directly, but only subject to a further investigation. The burden of adducing evidence that the presumption deriving from the fulfilment of quantitative thresholds should not apply to a specific provider should be bbe subject to an assessment by the Commission whether they qualify or not as a gatekeeper in light of the argument presented. This assessment should be done within specific time-limits and not lead to undue delay in designating the provider of a corne by that providplatform service as a gatekeeper. In its assessment, the Commission should take into account only the elements which directly relate to the requirements for constituting a gatekeeper, namely whether it is an important gateway which is operated by a provider with a significant impact in the internal market with an entrenched and durable position, either actual or foreseeable. Any justification on economic grounds seeking to demonstrate efficiencies deriving from a specific type of behaviour by the provider of core platform services should be discarded, as it is not relevant to the designation as a gatekeeper. The Commission should be able to take a decision by relying on the quantitative thresholds 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 187 #

2020/0374(COD)

Proposal for a regulation
Recital 50
(50) Gatekeepers should not restrict or prevent the free choice of end users by technically preventing switching between or subscription to different software applications and services. This would allow more providers to offer their services, thereby ultimately providing greater choice to the end user. Gatekeepers should ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and shall not raise artificial technical barriers so as to make switching impossible or ineffective. The mere offering of a given product or service to consumers, including by means of pre-installation, as well as the improvement of the offering to end users, such as price reductions or increased quality, should not be construed as constituting a prohibited barrier to switchingconstitutes a barrier to switching and needs to be taken into account in the process of applying remedies.
2021/09/13
Committee: ITRE
Amendment 190 #

2020/0374(COD)

Proposal for a regulation
Recital 26
(26) A particular subset of rules should apply to those providers of core platform services that are foreseen to enjoy an entrenched and durable position in the near future, for instance because the Commission has been notified of an intended concentration in line with Article 12(1) and assessed its impact on the contestability of digital markets. The same specific features of core platform services make them prone to tipping: once a service provider has obtained a certain advantage over rivals or potential challengers in terms of scale or intermediation power, its position may become unassailable and the situation may evolve to the point that it is likely to become durable and entrenched in the near future. Undertakings can try to induce this tipping and emerge as gatekeeper by using some of the unfair conditions and practices regulated in this Regulation. In such a situation, it appears appropriate to intervene before the market tips irreversibly.
2021/07/09
Committee: IMCO
Amendment 191 #

2020/0374(COD)

Proposal for a regulation
Recital 52
(52) Gatekeepers may also have a dual role as developers of operating systems and device manufacturers, including any technical functionality that such a device may have. For example, a gatekeeper that is a manufacturer of a device may restrict access to some of the functionalities in this device, such as near-field-communication technology and the software used to operate that technology, which may be required for the effective provision of an ancillary service by the gatekeeper as well as by any potential third party provider of such an ancillary service. Such access may equally be required by software applications related to the relevant ancillary services in order to effectively provide similar functionalities as those offered by gatekeepers. If such a dual role is used in a manner that prevents alternative providers of ancillary services or of software applications to have access under equal conditions to the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services, this could significantly undermine innovation by providers of such ancillary services as well as choice for end users of such ancillary services. The gatekeepers should therefore be obliged to ensure access under equal conditions to, and interoperability with, the same operating system, hardware or software features that are available or used in the provision of any ancillaryits services by the gatekeeper.
2021/09/13
Committee: ITRE
Amendment 196 #

2020/0374(COD)

Proposal for a regulation
Recital 31
(31) To ensure the effectiveness of the review of gatekeeper status as well as the possibility to adjust the list of core platform services provided by a gatekeeper, the gatekeepers should inform the Commission of all of their intended and concluded acquisitions of other providers of core platform services or any other services provided within the digital sector. Such information should not only serve the review process mentioned above, regarding the status of individual gatekeepers, but will also provide information that is crucial to monitoring broader contestability trends in the digital sector and can therefore be a useful factor, including for consideration in the context of the market investigations foreseen by this Regulation, as well as trigger behavioural or structural remedies on gatekeepers to restore contestability and fairness on digital markets.
2021/07/09
Committee: IMCO
Amendment 200 #

2020/0374(COD)

Proposal for a regulation
Recital 32
(32) To safeguard the fairness and contestability of core platform services provided by gatekeepers, it is necessary to provide in a clear and unambiguous manner for a set of harmonised obligations with regard to those services. Such rules are needed to address the risk of harmful effects of unfair practices imposed by gatekeepers, to the benefit of the business environment in the services concerned, to the benefit of users and ultimately to the benefit of society as a whole. Given the fast-moving and dynamic nature of digital markets, and the substantial economic power of gatekeepers, it is important that these obligations are effectively applied without being circumvented. To that end, the obligations in question should apply to any practices by a gatekeeper, irrespective of its form and irrespective of whether it is of a contractual, commercial, technical or any other nature, including through product design, structure, function or manner of operation capable of influencing user’s choice or autonomy, or through agreements with third party business partners of the gatekeepers insofar as a practice corresponds to the type of practice that is the subject of one of the obligations of this Regulation.
2021/07/09
Committee: IMCO
Amendment 200 #

2020/0374(COD)

Proposal for a regulation
Recital 55
(55) Business users that use large core platform services provided by gatekeepers and end users of such business users provide and generate a vast amount of data, including data inferred from such use. In order to ensure that business users have access to the relevant data thus generated, the gatekeeper should, upon their request, allow unhindered access, free of charge, to suchaggregated and non-aggregated non- personal data. Such access should also be given to third parties contracted by the business user, who are acting as processors of this data for the business user. Data provided or generated by the same business users and the same end users of these business users in the context of other services provided by the same gatekeeper may be concerned where this is inextricably linked to the relevant request. To this end, a gatekeeper should not use any contractual or other restrictions to prevent business users from accessing relevant data and should enable business users to obtain consent of their end users for such data access and retrieval, where such consent is required under Regulation (EU) 2016/679 and Directive 2002/58/EC. Gatekeepers should also facilitate access to these data in real time by means of appropriate technical measures, such as for example putting in place high quality application programming interfaces.
2021/09/13
Committee: ITRE
Amendment 205 #

2020/0374(COD)

Proposal for a regulation
Recital 56
(56) The value of online search engines to their respective business users and end users increases as the total number of such users increases. Providers of online search engines collect and store aggregated datasets containing information about what users searched for, and how they interacted with, the results that they were served. Providers of online search engine services collect these data from searches undertaken on their own online search engine service and, where applicable, searches undertaken on the platforms of their downstream commercial partners. Access by gatekeepers to such ranking, query, click and view data constitutes an important barrier to entry and expansion, which undermines the contestability of online search engine services. Gatekeepers should therefore be obliged to provide access, on fair, reasonable and non-discriminatory terms, to these ranking, query, click and view data in relation to free and paid search generated by consumers on online search engine services to other providers of such services, so that these third-party providers can optimise their services and contest the relevant core platform services provided that the gatekeeper is able to demonstrate that anonymised query, click and view data have been adequately tested against possible re-identification risks. Such access should also be given to third parties contracted by a search engine provider, who are acting as processors of this data for that search engine. When providing access to its search data, a gatekeeper should ensure the protection of the personal data of end users by appropriate means, without substantially degrading the quality or usefulness of the data.
2021/09/13
Committee: ITRE
Amendment 206 #

2020/0374(COD)

Proposal for a regulation
Recital 34 a (new)
(34 a) The network effect is one of the factors that accelerated very large online platforms growth, increasing the value of their services to its users and the user base. When combined with the increased level of integration that technology has in most people's lives, this effect has a chilling effect on the choice that consumers have. Data portability requirements are a first step in re- establishing the freedom of choice but in some particular cases more measures are needed. Looking how communication markets evolved over time and the changes in communication habits, it can be concluded that some services offered by online platforms are replacing services like voice and SMS communications, services that come with interconnection and interoperability requirements. Due to its social importance, access to internet was recently included in the Universal Service obligations, and as a particular case of services, number independent interpersonal communication services are subject to potential remedies by National Regulatory Agencies according to Article 61 (2) c) of the Directive2018/1792, the European Electronic Communication Code (EECC). As this regulation applies in the particular case of gatekeepers meaning entities that have been already assessed as having a significant impact on the internal market and end-to-end connectivity is endangered, it should be compulsory to build up on the EECC provisions and introduce a interoperability requirement for gatekeepers services that are social media or number independent interpersonal communication services.
2021/07/09
Committee: IMCO
Amendment 206 #

2020/0374(COD)

Proposal for a regulation
Recital 57
(57) In particular gatekeepers which provide access to software application stores, online search engine and online social networking service serve as an important gateway for business users that seek to reach end users. In view of the imbalance in bargaining power between those gatekeepers and business users of their software application stores which can result in an adverse effect on end users' right to receive and impart information and ideas, and ultimately affect media pluralism, diversity of opinion as well as competition. In view of the imbalance in bargaining power between those gatekeepers and business users of their software application stores, especially those that are SMEs on a given sectorial market, such as small press publishers, particularly when accessing online search engine and online social networks, on the other hand, those gatekeepers should not be allowed to impose general conditions, including pricing conditions, data usage conditions or conditions related to the licensing of rights held by the business user that would be unfair or lead to unjustified differentiation. Pricing or other general access conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. The following benchmarks can serve as a yard stick to determine the fairness of general access conditions: prices charged or conditions imposed for the same or similar services by other providers of software application stores; prices charged or conditions imposed by the provider of the software application store for different related or similar services or to different types of end users; prices charged or conditions imposed by the provider of the software application store for the same service in different geographic regions; prices charged or conditions imposed by the provider of the software application store for the same service the gatekeeper offers to itself. Determining the fairness of general access conditions should lead to the opportunity to make the revenue stream of digital content providers, such as press publishers being in a dominant position on their market, more transparent, notably in terms of revenues deriving from advertisement, and in terms of distribution of appropriate shares of revenues to the authors of works incorporated in press publications. This obligation should not establish an access right and it should be without prejudice to the ability of providers of software application stores to take the required responsibility in the fight against illegal and unwanted content as set out in Regulation [Digital Services Act]. It should also be without prejudice to the ability of business that are SMEs on a given sectorial market, such as small press publishers, to offer royalty-free licenses in order to ensure access to their content, visibility on online search engines and online social networking services, and it should be without prejudice to the ability of end-users to perform acts of hyperlinking in according to Article 15(1) of Directive (EU)2019/790.
2021/09/13
Committee: ITRE
Amendment 209 #

2020/0374(COD)

Proposal for a regulation
Recital 36
(36) The conduct of combining end user data from different sources or signing in users to different services of gatekeepers gives them potential advantages in terms of accumulation of data, thereby raising barriers to entry. To ensure that gatekeepers do not unfairly undermine the contestability of core platform services, they should enable their end users to freely choose to opt-in to such business practices by offering a less personalised alternative. The possibility should cover all possible sources of personal data, including own services of the gatekeeper as well as third party websites, and should be proactively presented to the end user in an explicit, clear and straightforward manner.
2021/07/09
Committee: IMCO
Amendment 213 #

2020/0374(COD)

Proposal for a regulation
Recital 58
(58) 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 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, within legally binding deadlines, with the gatekeeper concerned, to further specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with those obligations that are susceptible of being further specified. This possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the Regulation.
2021/09/13
Committee: ITRE
Amendment 214 #

2020/0374(COD)

(36 a) Individual consent, expressed in accordance with Regulation (EU)2016/679 is always needed in order to combine personal data across services. Article 5(a) of this Regulation should not be understood as suggesting that platforms that are not designated as gatekeepers may act without the individual’s consent. It needs to be recalled that consent is not the only necessary requirement for data processing, and data limitation should guide the collection and use of data in all online activities.
2021/07/09
Committee: IMCO
Amendment 214 #

2020/0374(COD)

Proposal for a regulation
Recital 58 a (new)
(58 a) The Commission should also be able to swiftly adopt decisions in case of non-compliance of a gatekeeper with the obligations laid down in this Regulation. In taking such decisions, the Commission should be allowed to specify the measures that would be needed to ensure full compliance with this Regulation and restore the contestability of digital markets when it has been undermined.
2021/09/13
Committee: ITRE
Amendment 215 #

2020/0374(COD)

Proposal for a regulation
Recital 37
(37) Because of their position, gatekeepers might in certain cases restrict the ability of business users of their online intermediation services to offer their goods or services to end users under more favourable conditions, including price, through other online intermediation services or through direct business channels. Such restrictions have a significant deterrent effect on the business users of gatekeepers in terms of their use of alternative online intermediation services or direct distribution channels , limiting inter-platform contestability, which in turn limits choice of alternative online intermediation channels for end users. To ensure that business users of online intermediation services of gatekeepers can freely choose alternative online intermediation services or other direct distribution channels and differentiate the conditions under which they offer their products or services to their end users, it should not be accepted that gatekeepers limit business users from choosing to differentiate commercial conditions, including price. Such a restriction should apply to any measure with equivalent effect, such as for example increased commission rates or, de-listing of the offers or less favourable display of business users in the ranking.
2021/07/09
Committee: IMCO
Amendment 216 #

2020/0374(COD)

Proposal for a regulation
Recital 59
(59) As an additional element to ensure proportionality, gatekeepers should be given an opportunity to request the temporary suspension, to the extent necessary, of a specific obligation in exceptional circumstances that lie beyond the control of the gatekeeper, such as for example an unforeseen external shock that has temporarily eliminated a significant part of end user demand for the relevant core platform service, where compliance with a specific obligation is shown by the gatekeeper to endanger the economic viability of the Union operations of the gatekeeper concerned. The Commission should state in its decision the reasons for granting the suspension and review it on a regular basis to assess if the conditions for granting it are still viable or not.
2021/09/13
Committee: ITRE
Amendment 220 #

2020/0374(COD)

Proposal for a regulation
Recital 61
(61) The data protection and privacy interests of end users are relevant to any assessment of potential negative effects of the observed practice of gatekeepers to collect and accumulate large amounts of data from end users. Ensuring an adequate level of transparency of profiling practices employed by gatekeepers facilitates contestability of core platform services, by putting external pressure on gatekeepers to prevent making deep consumer profiling the industry standard, given that potential entrants or start-up providers cannot access data to the same extent and depth, and at a similar scale. Enhanced transparency should allow other providers of core platform services to differentiate themselves better through the use of superior privacy guaranteeing facilities. To ensure a minimum level of effectiveness of this transparency obligation, gatekeepers should at least provide a description of the basis upon which profiling is performed, including whether personal data and data derived from user activity is relied on, the processing applied, the purpose for which the profile is prepared and eventually used, the impact of such profiling on the gatekeeper’s services, and the steps taken to enable end users to be aware of the relevant use of such profiling, as well as to seek their consent. The Commission should develop, in consultation with the EU Data Protection Supervisor, the European Data Protection Board, civil society and experts, the standards and process of the audit. The audited description, as well as any relevant materials that is collected in the context of supervising the gatekeepers that relate to the processing of personal data, should be shared by the Commission with any competent supervisory authority represented in the European Data Protection Board, upon its request.
2021/09/13
Committee: ITRE
Amendment 229 #

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. In imposing these remedies, the Commission should take into consideration 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.
2021/09/13
Committee: ITRE
Amendment 231 #

2020/0374(COD)

Proposal for a regulation
Recital 39
(39) To safeguard a fair commercial environment and protect the contestability of the digital sector it is important to safeguard the right of business users to raise concerns about unfair behaviour by gatekeepers with any relevant administrative or other public authorities. For example, business users may want to complain about different types of unfair practices, such as discriminatory access conditions, unjustified closing of business user accounts or unclear grounds for product de-listings. Any practice that would in any way inhibit such a possibility of raising concerns or seeking available redress, for instance by means of confidentiality clauses in agreements or other written terms, should therefore be prohibited. This should be without prejudice to the right of business users and gatekeepers to lay down in their agreements the terms of use including the use of lawful complaints-handling mechanisms, including any use of alternative dispute resolution mechanisms or of the jurisdiction of specific courts in compliance with respective Union and national law. This should therefore also be without prejudice to the role gatekeepers play in the fight against illegal content online.
2021/07/09
Committee: IMCO
Amendment 236 #

2020/0374(COD)

Proposal for a regulation
Recital 68
(68) In order to ensure effective implementation and compliance with this Regulation, the Commission should have strong investigative and enforcement powers, to allow it to investigate, enforce and monitor the rules laid down in this Regulation, while at the same time ensuring the respect for the fundamental right to be heard and to have access to the file in the context of the enforcement proceedings. The Commission should dispose of these investigative powers also for the purpose of carrying out market investigations for the purpose of updating and reviewing this Regulation. National competent authorities should assist the Commission in monitoring and enforcing obligations laid down in this Regulation by providing support and expertise to the Commission or by requesting the Commission to open a market investigation based on evidence collected.
2021/09/13
Committee: ITRE
Amendment 237 #

2020/0374(COD)

Proposal for a regulation
Recital 68 a (new)
(68 a) In order to ensure effective enforcement and compliance with this Regulation, it should be possible for interested third-parties to lodge a complaint when there is sufficient doubt on the non-compliance of a gatekeeper with the obligations laid down in this Regulation. The Commission should decide within an appropriate timeline on further action based on the evidence submitted.
2021/09/13
Committee: ITRE
Amendment 240 #

2020/0374(COD)

Proposal for a regulation
Recital 41
(41) Gatekeepers should not restrict the free choice of end users by technically preventing switching between or subscription to different software applications and services. Gatekeepers should therefore ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and should not raise artificial technical barriers so as to make switching impossible or ineffective. The mere offering of a given product or service to end users, including by means of pre-installation, as well the improvement of end user offering, such as better prices or increased quality, would not in itself constitute a barrier to switching.
2021/07/09
Committee: IMCO
Amendment 241 #

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. The Commission should be adequately staffed to ensure the successful implementation and effective enforcement of this Regulation.
2021/09/13
Committee: ITRE
Amendment 244 #

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. Natural or legal persons demonstrating sufficient interest should also have the right to be heard. Parties that are directly affected by the obligations under Articles 5 and 6, but also organisations representing consumers interests where the proceedings concern products or services provided to end-users, should be considered to have sufficient interest. 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 information be protected. Furthermore, while respecting the confidentiality of the information, the Commission should ensure that any information relied on for the purpose of the decision is disclosed to an extent that allows the addressee of the decision to understand the facts and considerations that led up to the decision. Finally, under certain conditions certain business records, such as communication between lawyers and their clients, may be considered confidential if the relevant conditions are met.
2021/09/13
Committee: ITRE
Amendment 245 #

2020/0374(COD)

Proposal for a regulation
Recital 42
(42) The conditions under which gatekeepers provide online advertising services based on contextual information to business users including both advertisers and publishers are often non- transparent and opaque. This opacity is partly linked to the practices of a few platforms, but is also due to the sheer complexity of modern day programmatic advertising. The sector is considered to have become more non-transparent after the introduction of new privacy legislation, and is expected to become even more opaque with the announced removal of third-party cookies. This often leads to a lack of information and knowledge for advertisers and publishers about the conditions of the advertising services they purchased and undermines their ability to switch to alternative providers of online advertising services. Furthermore, the costs of online advertising are likely to be higher than they would be in a fairer, more transparent and contestable platform environment. These higher costs are likely to be reflected in the prices that end users pay for many daily products and services relying on the use of online advertising. Transparency obligations should therefore require gatekeepers to provide advertisers and publishers to whom they supply online advertising services based on contextual information, when requested and to the extent possible, with information that allows both sides to understand the price paid for each of the different advertising services provided as part of the relevant advertising value chain.
2021/07/09
Committee: IMCO
Amendment 251 #

2020/0374(COD)

Proposal for a regulation
Recital 77
(77) The advisory committee established in accordance with Regulation (EU) No 182//2011 should also deliver opinions on certain individual decisions of the Commission issued under this Regulation. In order to ensure contestable and fair markets in the digital sector across the Union where gatekeepers are present, 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 the methodology for determining the quantitative thresholds for designation of gatekeepers under this Regulation and in respect of the update of the obligations laid down in this Regulation where, based on a market investigation the Commission has identified the need for updating the obligations addressing practices that limit the contestability of core platform services or are unfair. It is of particular importance that the Commission carries out appropriate consultations, including with interested third-parties, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201636 . 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. _________________ 36Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p.1).
2021/09/13
Committee: ITRE
Amendment 259 #

2020/0374(COD)

Proposal for a regulation
Recital 47
(47) The rules that the gatekeepers set for the distribution of software applications may in certain circumstances restrict the ability of end users to install and effectively use third party software applications or, software application stores or repositories on operating systems or hardware of the relevant gatekeeper and restrict the ability of end users to access these software applications or, software application stores or repositories outside the core platform services of that gatekeeper. Such restrictions may limit the ability of developers of software applications to use alternative distribution channels and the ability of end users to choose between different software applications from different distribution channels and should be prohibited as unfair and liable to weaken the contestability of core platform services. In order 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 the gatekeeper concerned may implement proportionate technical or contractual measures to achieve that goal if the gatekeeper demonstrates that such measures are necessary and justified and that there are no less restrictive means to safeguard the integrity of the hardware or operating system.
2021/07/09
Committee: IMCO
Amendment 259 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down harmonised rules ensuring contestable and fair markets in the digital sector across the Union where gatekeepers are present so as to contribute to the protection of fundamental rights and the integrity of democratic processes, as well as to foster innovation, increase consumer choice and ensure higher consumer protection standards.
2021/09/13
Committee: ITRE
Amendment 263 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation shall apply to core platform commercial services provided or offered by gatekeepers to business users established in the Union or end users established or located in the Union, irrespective of the place of establishment or residence of the gatekeepers and irrespective of the law otherwise applicable to the provision of service. This Regulation shall apply and be interpreted in full respect of fundamental rights and the principles recognised by the Charter of Fundamental Rights of the European Union, in particular Articles 11, 16, 47 and 50 thereof.
2021/09/13
Committee: ITRE
Amendment 268 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 4
4. With regard to interpersonal communication services this Regulation isbuilds on Article 61 of Directive (EU) 2018/1972 and establishes additional Union level obligations for gatekeepers, without prejudice to the powers and tasks granted to the national regulatory and other competent authorities by virtue of that Article 61 of Directive (EU) 2018/1972.
2021/09/13
Committee: ITRE
Amendment 269 #

2020/0374(COD)

Proposal for a regulation
Recital 48
(48) Gatekeepers are often vertically integrated and offer certain products or services to end users through their own core platform services, or through a business user over which they exercise control which frequently leads to conflicts of interest. This can include the situation whereby a gatekeeper offers its own online intermediation services through an online search engine. When offering those products or services on the core platform service, gatekeepers can reserve a better position to their own offering, in terms of ranking, as opposed to the products of third parties also operating on that core platform service. This can occur for instance with products or services, including other core platform services, which are ranked in the results communicated by online search engines, or which are partly or entirely embedded in online search engines results, groups of results specialised in a certain topic, displayed along with the results of an online search engine, which are considered or used by certain end users as a service distinct or additional to the online search engine. Other instances are those of software applications which are distributed through software application stores, or products or services that are given prominence and display in the newsfeed of a social network, or products or services ranked in search results or displayed on an online marketplace or in results provided to a search through virtual assistants. In those circumstances, the gatekeeper is in a dual- role position as intermediary for third party providers and as direct provider of products or services of the gatekeeper. Consequently, these gatekeepers have the ability to undermine directly the contestability for those products or services on these core platform services, to the detriment of business users which are not controlled by the gatekeeper.
2021/07/09
Committee: IMCO
Amendment 275 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 6
6. This Regulation is without 6. prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice to the application of: national rules prohibiting anticompetitive agreements, decisions by associations of undertakings, concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposing additional obligations on gatekeepers; Council Regulation (EC) No 139/200438 and national rules concerning merger control; Regulation (EU) 2019/1150 and Regulation (EU) …./.. of the European Parliament and of the Council39 , Regulation2016/679, Directive 2002/58/EC, Directive (EU) 2019/882, Directive(EU)2018/1808, as well as without prejudice to Union law on consumer protection and product safety. _________________ 38Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1). 39Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
2021/09/13
Committee: ITRE
Amendment 281 #

2020/0374(COD)

Proposal for a regulation
Recital 50
(50) Gatekeepers should not restrict or prevent the free choice of end users by technically preventing switching between or subscription to different software applications and services. This would allow more providers to offer their services, thereby ultimately providing greater choice to the end user. Gatekeepers should ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and shall not raise artificial technical barriers so as to make switching impossible or ineffective. The mere offering of a given product or service to consumers, including by means of pre-installation, as well as the improvement of the offering to end users, such as price reductions or increased quality, should not be construed as constituting a prohibited barrier to switching.
2021/07/09
Committee: IMCO
Amendment 288 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point g
(g) cloud computing services; including business to business cloud;
2021/09/13
Committee: ITRE
Amendment 291 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h a (new)
(h a) embedded digital services in vehicles;
2021/09/13
Committee: ITRE
Amendment 292 #

2020/0374(COD)

Proposal for a regulation
Recital 52
(52) Gatekeepers may also have a dual role as developers of operating systems and device manufacturers, including any technical functionality that such a device may have. For example, a gatekeeper that is a manufacturer of a device may also restrict access to some of the functionalities in this device, such as near- field-communication technology and the software used to operate that technology, which may be required for the effective provision of an ancillary service by the gatekeeper as well as by any potential third party provider of such an ancillary service. Such access may equally be required by software applications related to the relevant ancillary services in order to effectively provide similar functionalities as those offered by gatekeepers. If such a dual role is used in a manner thatrestrictive measure is used to prevents alternative providers of ancillary services or of any software applications to have access under equal conditions to the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services, this could significantly undermine innovation by providers of such ancillary services as well as choice for end users of such ancillary services. The gatekeepers should therefore be obliged to ensure access under equal conditions to, and interoperability with, the same operating system, hardware or software features that are available or used in the provision of any ancillaryof its services by the gatekeeper.
2021/07/09
Committee: IMCO
Amendment 295 #

2020/0374(COD)

Proposal for a regulation
Recital 53
(53) The conditions under which gatekeepers provide online advertising services based on contextual information to business users including both advertisers and publishers are often non- transparent and opaque. This often leads to a lack of information for advertisers and publishers about the effect of a given ad. To further enhance fairness, transparency and contestability of online advertising services designated under this Regulation as well as those that are fully integrated with other core platform services of the same provider, the designated gatekeepers should therefore provide advertisers and publishers, when requested, with free of charge access to the performance measuring tools of the gatekeeper for the purpose of digital advertising based on contextual information and the information necessary for advertisers, advertising agencies acting on behalf of a company placing advertising, as well as for publishers to carry out their own independent verification of the provision of the relevant online advertising services.
2021/07/09
Committee: IMCO
Amendment 298 #

2020/0374(COD)

Proposal for a regulation
Recital 55
(55) Business users that use large core platform services provided by gatekeepers and end users of such business users provide and generate a vast amount of data, including data inferred from such use. In order to ensure that business users have access to the relevant data thus generated, the gatekeeper should, upon their request, allow unhindered access, free of charge, to suchaggregated and non-aggregated non- personal data. Such access should also be given to third parties contracted by the business user, who are acting as processors of this data for the business user. Data provided or generated by the same business users and the same end users of these business users in the context of other services provided by the same gatekeeper may be concerned where this is inextricably linked to the relevant request. To this end, a gatekeeper should not use any contractual or other restrictions to prevent business users from accessing relevant data and should enable business users to obtain consent of their end users for such data access and retrieval, where such consent is required under Regulation (EU) 2016/679 and Directive 2002/58/EC. Gatekeepers should also facilitate access to these data in real time by means of appropriate technical measures, such as for example putting in place high quality application programming interfaces.
2021/07/09
Committee: IMCO
Amendment 299 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h b (new)
(h b) web browsers;
2021/09/13
Committee: ITRE
Amendment 301 #

2020/0374(COD)

Proposal for a regulation
Recital 56
(56) The value of online search engines to their respective business users and end users increases as the total number of such users increases. Providers of online search engines collect and store aggregated datasets containing information about what users searched for, and how they interacted with, the results that they were served. Providers of online search engine services collect these data from searches undertaken on their own online search engine service and, where applicable, searches undertaken on the platforms of their downstream commercial partners. Access by gatekeepers to such ranking, query, click and view data constitutes an important barrier to entry and expansion, which undermines the contestability of online search engine services. Gatekeepers should therefore be obliged to provide access, on fair, reasonable and non-discriminatory terms, to these ranking, query, click and view data in relation to free and paid search generated by consumers on online search engine services to other providers of such services, so that these third-party providers can optimise their services and contest the relevant core platform serviceprovided that the gatekeeper is able to demonstrate that anonymised query, click and view data have been adequately tested against possible re-identification risks. Such access should also be given to third parties contracted by a search engine provider, who are acting as processors of this data for that search engine. When providing access to its search data, a gatekeeper should ensure the protection of the personal data of end users by appropriate means, without substantially degrading the quality or usefulness of the data.
2021/07/09
Committee: IMCO
Amendment 301 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h c (new)
(h c) virtual assistant;
2021/09/13
Committee: ITRE
Amendment 302 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h d (new)
(h d) connected tv;
2021/09/13
Committee: ITRE
Amendment 303 #

2020/0374(COD)

Proposal for a regulation
Recital 57
(57) In particular gatekeepers which provide access to software application stores, online search engine and online social networking service serve as an important gateway for business users that seek to reach end users. In view of the imbalance in bargaining power between those gatekeepers and business users of their software application stores which can result in an adverse effect on end users' right to receive and impart information and ideas, and ultimately affect media pluralism, diversity of opinion as well as competition. In view of the imbalance in bargaining power between those gatekeepers and business users of their software application stores, especially those that are SMEs on a given sectorial market, such as small press publishers, particularly when accessing online search engine and online social networks, on the other hand, those gatekeepers should not be allowed to impose general conditions, including pricing conditions, data usage conditions or conditions related to the licensing of rights held by the business user that would be unfair or lead to unjustified differentiation. Pricing or other general access conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. The following benchmarks can serve as a yardstick to determine the fairness of general access conditions: prices charged or conditions imposed for the same or similar services by other providers of software application stores; prices charged or conditions imposed by the provider of the software application store for different related or similar services or to different types of end users; prices charged or conditions imposed by the provider of the software application store for the same service in different geographic regions; prices charged or conditions imposed by the provider of the software application store for the same service the gatekeeper offers to itself. Determining the fairness of general access conditions should lead to the opportunity to make the revenue stream of digital content providers, such as press publishers being in a dominant position on their market, more transparent, notably in terms of revenues deriving from advertisement, and in terms of distribution of appropriate shares of revenues to the authors of works incorporated in press publications. This obligation should not establish an access right and it should be without prejudice to the ability of providers of software application stores to take the required responsibility in the fight against illegal and unwanted content as set out in Regulation [Digital Services Act]. It should also be without prejudice to the ability of business that are SMEs on a given sectorial market, such as small press publishers, to offer royalty-free licenses in order to ensure access to their content, visibility on online search engines and online social networking services, and it should be without prejudice to the ability of end-users to perform acts of hyperlinking in according to Article15(1) of Directive (EU) 2019/790.
2021/07/09
Committee: IMCO
Amendment 303 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h e (new)
(h e) collaborative economy services;
2021/09/13
Committee: ITRE
Amendment 317 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 a (new)
(13 a) 'embedded digital services in vehicles' means software embedded in vehicles including for the purpose of gaining insights into vehicle performance and driver behaviour, or for the purpose of accessing audio-visual media content;
2021/09/13
Committee: ITRE
Amendment 318 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 b (new)
(13 b) ‘Web browser’ means a client software programme that enables a user to navigate in the World Wide Web to access and display data or to interact with content hosted on servers that are connected to this network, including standalone web browsers, as well as web browsers integrated or embedded in software;
2021/09/13
Committee: ITRE
Amendment 319 #

2020/0374(COD)

Proposal for a regulation
Recital 58
(58) 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 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 conducted within legally binding deadlines with the gatekeeper concerned, to further specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with those obligations that are susceptible of being further specified. This possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the Regulation.
2021/07/09
Committee: IMCO
Amendment 319 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 c (new)
(13 c) ‘virtual assistant’ means a software application that provides capabilities for oral dialogue with a user in natural language and which intermediates between end users and business users offering voice-based apps;
2021/09/13
Committee: ITRE
Amendment 320 #

2020/0374(COD)

Proposal for a regulation
Recital 58 a (new)
(58 a) The Commission should also be able to swiftly adopt decisions in case of non-compliance of a gatekeeper with the obligations laid down in this Regulation. In taking such decisions, the Commission should be allowed to specify the measures that would be needed to ensure full compliance with this Regulation and restore the contestability of digital markets when it has been undermined.
2021/07/09
Committee: IMCO
Amendment 320 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 d (new)
(13 d) ‘connected tv’ means a television set connected to the internet that allows user to perform online activities including music and video streaming, or viewing of pictures;
2021/09/13
Committee: ITRE
Amendment 321 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 e (new)
(13 e) ‘collaborative economy’ refers to business models where activities are facilitated by collaborative platforms that create an open marketplace for the usage of goods or services often provided by private individuals;
2021/09/13
Committee: ITRE
Amendment 322 #

2020/0374(COD)

Proposal for a regulation
Recital 59
(59) As an additional element to ensure proportionality, gatekeepers should be given an opportunity to request the temporary suspension, to the extent necessary, of a specific obligation in exceptional circumstances that lie beyond the control of the gatekeeper, such as for example an unforeseen external shock that has temporarily eliminated a significant part of end user demand for the relevant core platform service, where compliance with a specific obligation is shown by the gatekeeper to endanger the economic viability of the Union operations of the gatekeeper concerned. The Commission should state in its decision the reasons for granting the suspension and review it on a regular basis to asses if the conditions for granting it are still viable or not.
2021/07/09
Committee: IMCO
Amendment 325 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
(17 a) 'Business users of small press publications’ means any natural or legal person acting in a commercial or professional capacity using core platform services for the purpose of or in the course of providing press publications that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC;
2021/09/13
Committee: ITRE
Amendment 328 #

2020/0374(COD)

Proposal for a regulation
Recital 61
(61) The data protection and privacy interests of end users are relevant to any assessment of potential negative effects of the observed practice of gatekeepers to collect and accumulate large amounts of data from end users. Ensuring an adequate level of transparency of profiling practices employed by gatekeepers facilitates contestability of core platform services, by putting external pressure on gatekeepers to prevent making deep consumer profiling the industry standard, given that potential entrants or start-up providers cannot access data to the same extent and depth, and at a similar scale. Enhanced transparency should allow other providers of core platform services to differentiate themselves better through the use of superior privacy guaranteeing facilities. To ensure a minimum level of effectiveness of this transparency obligation, gatekeepers should at least provide a description of the basis upon which profiling is performed, including whether personal data and data derived from user activity is relied on, the processing applied, the purpose for which the profile is prepared and eventually used, the impact of such profiling on the gatekeeper’s services, and the steps taken to enable end users to be aware of the relevant use of such profiling, as well as to seek their consent. The Commission should develop, in consultation with the EU Data Protection Supervisor, the European Data Protection Board, civil society and experts, the standards and process of the audit. The audited description, as well as any relevant materials that is collected in the context of supervising the gatekeepers that relate to the processing of personal data, shall be shared by the Commission with any competent supervisory authority represented in the European Data Protection Board, upon its request.
2021/07/09
Committee: IMCO
Amendment 334 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 23 a (new)
(23 a) ‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes as defined in point 11 of Article 4 of Regulation (EU) 2016/679;
2021/09/13
Committee: ITRE
Amendment 337 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 23 b (new)
(23 b) ‘profiling’ means any form of automated processing of personal data as defined in point 4 of Article 4 of Regulation (EU) 2016/679;
2021/09/13
Committee: ITRE
Amendment 341 #

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 caseIn imposing these remedies, the Commission should take into consideration 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.
2021/07/09
Committee: IMCO
Amendment 342 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) it operates a core platform service which serves as an important gateway for business users or end users to reach other end users; and
2021/09/13
Committee: ITRE
Amendment 349 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual EEA turnover equal to or above EUR 6.5 billion in the last three financial years, or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least EUR 65 billion in the last financial year, and it provides a core platform service in at least threewo Member States;
2021/09/13
Committee: ITRE
Amendment 351 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
(b) the requirement in paragraph 1 point (b) where it provides aone or more core platform service that hascombine more than 4530 million monthly active end users established or located in the Union andor more than 10 000 yearly active business users established in the Union in the last financial year;
2021/09/13
Committee: ITRE
Amendment 352 #

2020/0374(COD)

Proposal for a regulation
Recital 68
(68) In order to ensure effective implementation and compliance with this Regulation, the Commission should have strong investigative and enforcement powers, to allow it to investigate, enforce and monitor the rules laid down in this Regulation, while at the same time ensuring the respect for the fundamental right to be heard and to have access to the file in the context of the enforcement proceedings. The Commission should dispose of these investigative powers also for the purpose of carrying out market investigations for the purpose of updating and reviewing this Regulation. National competent authorities should assist the Commission in monitoring and enforcing obligations laid down in this Regulation by providing support and expertise to the Commission or by requesting the Commission to open a market investigation based on evidence collected.
2021/07/09
Committee: IMCO
Amendment 355 #

2020/0374(COD)

Proposal for a regulation
Recital 68 a (new)
(68 a) In order to ensure effective enforcement and compliance with this Regulation, it should be possible for interested third-parties to lodge a complaint when there is sufficient doubt on the non-compliance of a gatekeeper with the obligations laid down in this Regulation. The Commission should decide within an appropriate timeline on further action based on the evidence submitted.
2021/07/09
Committee: IMCO
Amendment 355 #

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 threundue delay and no later than one 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).
2021/09/13
Committee: ITRE
Amendment 359 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 4 – introductory part
4. The Commission shall, without undue delay and at the latest 60 days after receiving the complete information referred to in paragraph 3, designate the provider of core platform services that meets all the thresholds of paragraph 2 as a gatekeeper, unless that provider, with its notification, presents sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, and taking into account the elements listed in paragraph 6, the provider does not satisfy the requirements of paragraph 1. Where the gatekeeper presents such sufficiently substantiated arguments to demonstrate that it does not satisfy the requirements of paragraph 1, the Commission shall assess those arguments within the time-limit set in the first subparagraph. Where the provider of a core platform service that satisfies the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper.
2021/09/13
Committee: ITRE
Amendment 362 #

2020/0374(COD)

Proposal for a regulation
Recital 72 a (new)
(72 a) The Commission should be adequately staffed to ensure the successful implementation and effective enforcement of this Regulation.
2021/07/09
Committee: IMCO
Amendment 366 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1
Where the gatekeeper presents such sufficiently substantiated arguments to demonstrate that it does not satisfy the requirements of paragraph 1, the Commission shall apply paragraph 6 to assess whetssess within the time- limits set in the first subparagraph the arguments provided by a gatekeeper to demonstrate that it does not satisfy the qualitative requirements of paragraph 1. Where the criteria in paragraph 1 are metprovider of a core platform service that satisfies the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall designate that provider as a gatekeeper.
2021/09/13
Committee: ITRE
Amendment 367 #

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. Natural or legal persons demonstrating sufficient interest shall also have the right to be heard. Parties that are directly affected by the obligations under Articles 5 and 6shall be considered to have sufficient interest but also organisations representing consumers interests where the proceedings concern products or services provided to end-users. 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 information 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 371 #

2020/0374(COD)

Proposal for a regulation
Recital 77
(77) The advisory committee established in accordance with Regulation (EU) No 182//2011 should also deliver opinions on certain individual decisions of the Commission issued under this Regulation. In order to ensure contestable and fair markets in the digital sector across the Union where gatekeepers are present, 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 the methodology for determining the quantitative thresholds for designation of gatekeepers under this Regulation and in respect of the update of the obligations laid down in this Regulation where, based on a market investigation the Commission has identified the need for updating the obligations addressing practices that limit the contestability of core platform services or are unfair. It is of particular importance that the Commission carries out appropriate consultations, including with interested third parties demonstrating legitimate interest, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201636 . 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. _________________ 36Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p.1).
2021/07/09
Committee: IMCO
Amendment 373 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – introductory part
6. The Commission may identify as a gatekeeper, in accordance with the procedure laid down in Article 15, any provider of core platform services that meets each of the requirements of paragraph 1, but does not satisfy each of the thresholds of paragraph 2, or has presented sufficiently substantiated arguments in accordance with paragraph 4.
2021/09/13
Committee: ITRE
Amendment 376 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point a
(a) the size, including turnover and market capitalisation, operations and position of the provider of core platform services, taking into account any intended concentration in line with Article 12(1);
2021/09/13
Committee: ITRE
Amendment 384 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down harmonised rules ensuring contestable and fair markets in the digital sector across the Union where gatekeepers are present so as to contribute to the protection of fundamental rights and the integrity of democratic processes, as well as to foster innovation, increase consumer choice and ensure higher consumer protection standards .
2021/07/09
Committee: IMCO
Amendment 388 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation shall apply to core platform services provided or offered by gatekeepers to business users established in the Union or end users established or located in the Union, irrespective of the place of establishment or residence of the gatekeepers and irrespective of the law otherwise applicable to the provision of service. Services acting in a non- commercial purpose capacity such as collaborative projects should not be considered as core services. This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, in particular Articles 11, 16, 47 and 50 thereof. Accordingly, this Regulation is interpreted and applied with respect to those rights and principles.
2021/07/09
Committee: IMCO
Amendment 389 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 3
Where the provider of a core platform service that satisfies the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper.deleted
2021/09/13
Committee: ITRE
Amendment 393 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 4
Where the provider of a core platform service that does not satisfy the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper based on facts available.
2021/09/13
Committee: ITRE
Amendment 395 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 7
7. For each gatekeeper identified pursuant to paragraph 4 or paragraph 6, the Commission shall identify within the deadline set under paragraph 4 the relevant undertaking to which it belongs and list the relevant core platform services that are provided within that same undertaking and which individually serve as an important gateway for business users and end users to reach end users as referred to in paragraph 1(b).
2021/09/13
Committee: ITRE
Amendment 400 #

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 within sixthree months after a core platform service has been included in the list pursuant to paragraph 7 of this Article.
2021/09/13
Committee: ITRE
Amendment 402 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 6
6. This Regulation is without prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice to the application of: national rules prohibiting anticompetitive agreements, decisions by associations of undertakings, concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposing additional obligations on gatekeepers; Council Regulation (EC) No 139/200438 and national rules concerning merger control; Regulation (EU) 2019/1150 and Regulation (EU) …./.. of the European Parliament and of the Council39 , Regulation 2016/679, Directive 2002/58/EC, Directive (EU) 2019/882, Directive(EU) 2018/1808, as well as without prejudice to Union law on consumer protection and product safety. _________________ 38Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1). 39Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
2021/07/09
Committee: IMCO
Amendment 412 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679. ;
2021/09/13
Committee: ITRE
Amendment 416 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
(a a) ensure that the commercial terms, including pricing, for the provision of applications or services to a business user or end user shall not be made dependent upon whether or to what degree business user or end user uses other applications or services from the same provider, or a related entity.
2021/09/13
Committee: ITRE
Amendment 417 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a b (new)
(a b) refrain from delivering and displaying advertisement that is targeting or micro-targeting individuals or segments of individuals based on their behaviour, the tracking of their activities or on profiling within the meaning of Article 4(4) of Regulation (EU) 2016/679;
2021/09/13
Committee: ITRE
Amendment 418 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a c (new)
(a c) refrain from combining personal data for advertising purposes or purposes of behaviour prediction;
2021/09/13
Committee: ITRE
Amendment 423 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point g
(g) cloud computing services, including business to business cloud;
2021/07/09
Committee: IMCO
Amendment 426 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) allow business users to offer the same products or services to end users through third party online intermediation services or through direct business channels at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;
2021/09/13
Committee: ITRE
Amendment 428 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h a (new)
(h a) embedded digital services in vehicles;
2021/07/09
Committee: IMCO
Amendment 436 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h b (new)
(h b) web browsers;
2021/07/09
Committee: IMCO
Amendment 437 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) refrain from preventing or restricting business users or end user from raising issues with any relevant public authority or in front of national judiciary authority relating to any practice of gatekeepers;
2021/09/13
Committee: ITRE
Amendment 438 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h c (new)
(h c) virtual assistants;
2021/07/09
Committee: IMCO
Amendment 440 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h d (new)
(h d) connected tv;
2021/07/09
Committee: IMCO
Amendment 440 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users or end users to use, offer or interoperate with an identification service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper, which shall not result in a lower level of security for users and shall not prevent the gatekeeper from limiting access to third party recommender systems temporarily and in exceptional circumstances, when justified by an obligation under Article 18 of NIS 2 Directive or Article 32(1)(c) of Regulation (EU) 2016/679;
2021/09/13
Committee: ITRE
Amendment 441 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h e (new)
(h e) collaborative economy services;
2021/07/09
Committee: IMCO
Amendment 446 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point f
(f) refrain from requiring business users or end users to subscribe to or register with any other core platform services identified pursuant to Article 3 or which meets the thresholds in Article 3(2)(b)or any ancillary service as a condition to access, sign up or register to any of their core platform services identified pursuant to that Article;
2021/09/13
Committee: ITRE
Amendment 449 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g
(g) provide advertisers and publishers to which it supplies advertising services, upon their request, with information concerning 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.deleted
2021/09/13
Committee: ITRE
Amendment 457 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
(g a) allow end users to un-install any pre-installed software applications on the gatekeeper owned or controlled operating system;
2021/09/13
Committee: ITRE
Amendment 461 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 a (new)
(13 a) 'embedded digital services in vehicles' means software embedded in vehicles including for the purpose of gaining insights into vehicle performance and driver behaviour, or for the purpose of accessing audio-visual media content;
2021/07/09
Committee: IMCO
Amendment 461 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
(g b) allow end users and business users of number independent interpersonal communication services and social network services access to and to interoperate with the gatekeepers services by providing open standards, open protocols including Application Programming Interface.
2021/09/13
Committee: ITRE
Amendment 462 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 b (new)
(13 b) 'Web browser’ means a client software programme that enables a user to navigate in the World Wide Web to access and display data or to interact with content hosted on servers that are connected to this network, including standalone web browsers, as well as web browsers integrated or embedded in software;
2021/07/09
Committee: IMCO
Amendment 463 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 c (new)
(13 c) 'virtual assistant’ means a software application that provides capabilities for oral dialogue with a user in natural language and which intermediates between end users and business users offering voice-based apps;
2021/07/09
Committee: IMCO
Amendment 464 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 d (new)
(13 d) 'connected tv` means a television set connected to the internet that allows user to perform online activities including music and video streaming, or viewing of pictures ;
2021/07/09
Committee: IMCO
Amendment 465 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 e (new)
(13 e) 'collaborative economy` refers to business models where activities are facilitated by collaborative platforms that create an open marketplace for the temporary usage of goods or services often provided by private individuals;
2021/07/09
Committee: IMCO
Amendment 472 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
(17 a) 'Business users of small press publications’ means any natural or legal person acting in a commercial or professional capacity using core platform services for the purpose of or in the course of providing press publications that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC;
2021/07/09
Committee: IMCO
Amendment 487 #

2020/0374(COD)

(23 a) ‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes as defined in point 11 of Article 4 of Regulation (EU) 2016/679;
2021/07/09
Committee: IMCO
Amendment 490 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 23 b (new)
(23 b) ‘profiling’ means any form of automated processing of personal data as defined in point 4 of Article 4 of Regulation (EU) 2016/679.
2021/07/09
Committee: IMCO
Amendment 493 #

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 or repositories using, or interoperating with, operating systems of that gatekeeper and allow these software applications or, software application stores or repositories 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;
2021/09/13
Committee: ITRE
Amendment 496 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) it operates a core platform service which serves as an important gateway for business users or end users to reach other end users; and
2021/07/09
Committee: IMCO
Amendment 504 #

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;.
2021/09/13
Committee: ITRE
Amendment 506 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual EEA turnover equal to or above EUR 6.5 billion in the last three financial years, or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least EUR 65 billion in the last financial year, and it provides a core platform service in at least threewo Member States;
2021/07/09
Committee: IMCO
Amendment 506 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e a (new)
(e a) refrain from securing or establishing pre-set default positions for the online search engines of the gatekeeper across the main search access points of the operating systems owned by any gatekeeper. The gatekeeper who owns or controls an operating system must present the user upon first activation with a choice of online search engines.
2021/09/13
Committee: ITRE
Amendment 509 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
(b) the requirement in paragraph 1 point (b) where it provides aone or more core platform service that hascombine more than 4530 million monthly active end users established or located in the Union andor more than 10 000 yearly active business users established in the Union in the last financial year;
2021/07/09
Committee: IMCO
Amendment 509 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point f
(f) allow business users, end users and providers of ancillary servicesservices free of charge 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;
2021/09/13
Committee: ITRE
Amendment 514 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point g
(g) provide 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;deleted
2021/09/13
Committee: ITRE
Amendment 525 #

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 threundue delay and no later than one 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 526 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point h
(h) provide effective portability of all data generated through the activity of a business user or end user and shall, in particular, provide tools for end users to facilitate the exercise of full data portability, in line with Regulation (EU) 2016/679, including by the provision of continuous and real-time access ;
2021/09/13
Committee: ITRE
Amendment 531 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated or non-aggregated non- personal 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; ;
2021/09/13
Committee: ITRE
Amendment 534 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point j
(j) provide to any third party providers of online search engines, upon their request, with access on fair, reasonable and non-discriminatory terms to ranking, query, click and view data in relation to free and paid search generated by end users on online search engines of the gatekeeper, subject to anonymisation for the query, click and view data that constitutes personal data provided that the gatekeepers able to demonstrate that anonymised query, click and view data have been adequately tested against possible re-identification risks;
2021/09/13
Committee: ITRE
Amendment 535 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k
(k) apply transparent, fair and non- discriminatory general conditions of access for business users to its software application store designated pursuant to Article 3 of this Regulation. , and for business users SMEs on a given sectorial market to its online search engine and online social networking service designated pursuant to Article 3 of this Regulation;
2021/09/13
Committee: ITRE
Amendment 537 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 4 – introductory part
4. The Commission shall, without undue delay and at the latest 60 days after receiving the complete information referred to in paragraph 3, designate the provider of core platform services that meets all the thresholds of paragraph 2 as a gatekeeper, unless that provider, with its notification, presents sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, and taking into account the elements listed in paragraph 6, the provider does not satisfy the requirements of paragraph 1.
2021/07/09
Committee: IMCO
Amendment 541 #

2020/0374(COD)

Where the gatekeeper presents such sufficiently substantiated arguments to demonstrate that it does not satisfy the requirements of paragraph 1, the Commission shall apply paragraph 6 to assess whetssess within the time- limits set in the first subparagraph the arguments provided by a gatekeeper to demonstrate that it does not satisfy the qualitative requirements of paragraph 1. Where the criteria in paragraph 1 are metprovider of a core platform service that satisfies the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall designate that provider as a gatekeeper.
2021/07/09
Committee: IMCO
Amendment 541 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
(k a) ensure that their services, including user interfaces, are accessible to persons with disabilities in accordance with Article 13 of Directive (EU) 2019/882. They shall also ensure that business users which rely on their core platform service to reach consumers for offering services and products in the scope of that Directive, comply with the requirements of that Directive.
2021/09/13
Committee: ITRE
Amendment 543 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 37 to specify the methodology for determining whether the quantitative thresholds laid down in paragraph 2 are met, and to regularly adjust ithe methodology to market and technological developments where necessary, in particular as regards the threshold in paragraph 2, point (a).
2021/07/09
Committee: IMCO
Amendment 546 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – introductory part
6. The Commission may identify as a gatekeeper, in accordance with the procedure laid down in Article 15, any provider of core platform services that meets each of the requirements of paragraph 1, but does not satisfy each of the thresholds of paragraph 2, or has presented sufficiently substantiated arguments in accordance with paragraph 4.
2021/07/09
Committee: IMCO
Amendment 546 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k b (new)
(k b) refrain from deploying subliminal techniques beyond a person`s consciousness in order to materially distort a person`s behaviour in a manner that can lead that person towards making certain choices by appealing to psychological biases driven by intermediation bias;
2021/09/13
Committee: ITRE
Amendment 548 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point a
(a) the size, including turnover and market capitalisation, operations and position of the provider of core platform services, taking into account any intended concentration notified in line with Article 12(1);
2021/07/09
Committee: IMCO
Amendment 560 #

2020/0374(COD)

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 mayshall by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision within six months from the opening of proceedings pursuant to Article 18. The decision shall be made public without delay.
2021/09/13
Committee: ITRE
Amendment 564 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 3
Where the provider of a core platform service that satisfies the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper.deleted
2021/07/09
Committee: IMCO
Amendment 565 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. Paragraph 2 of this Article is 3. without prejudice to the powers of the Commission under Articles 25, 26 and 27. In case of a non-compliance decision under Article 25 resulting in fines and penalties under Article 26, the period for non-compliance shall be presumed to start from the deadline set under Article 3(8).
2021/09/13
Committee: ITRE
Amendment 567 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 4
Where the provider of a core platform service that does not satisfy the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper based on facts available.
2021/07/09
Committee: IMCO
Amendment 567 #

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 to gatekeepers within 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. The Commission may consult interested third parties demonstrating sufficient interest when drafting the preliminary findings. The preliminary findings shall be made public without delay.
2021/09/13
Committee: ITRE
Amendment 570 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 7
7. For each gatekeeper identified pursuant to paragraph 4 or paragraph 6, the Commission shall identify within the deadline set under paragraph 4 the relevant undertaking to which it belongs and list the relevant core platform services that are provided within that same undertaking and which individually serve as an important gateway for business users and end users to reach end users as referred to in paragraph 1(b).
2021/07/09
Committee: IMCO
Amendment 570 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 6 a (new)
6 a. For the purposes of specifying the obligations under Article 6(1) point (f), interoperability shall be defined by reference to the open technologies, open standards and open protocols, including the technical interface (Application Programming Interface), that allows end users of competing software and services and business users to dock on to the gatekeepers core service and to interoperate with it. Any processing of personal data by gatekeepers shall comply with Regulation (EU) 2016/679, in particular Articles 6(1)(a) and 5(1)(c). Interoperability obligations shall not limit, hinder or delay the ability of intermediaries and gatekeepers to address vulnerabilities in order to comply with an obligation under Article 18 of NIS 2 Directive or Article 32(1)(c) of Regulation (EU) 2016/679. The Commission shall adopt an implementing act establishing the technical specifications meeting the interoperability requirements set out in Articles 6(1)(f) and 7.
2021/09/13
Committee: ITRE
Amendment 572 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 7
7. A gatekeeper may request within the time-limits set under Article 3(8) 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.
2021/09/13
Committee: ITRE
Amendment 575 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 7 a (new)
7 a. The powers granted to the Commission under this Article are without prejudice to the jurisdiction ofnational courts to ensure compliance with the obligations laid down in Articles5 and 6 in legal proceedings between gatekeepers, business and end users, including in collective redress procedures pursuant to Directive (EU) 2020/18281a. _________________ 1aDirective (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC
2021/09/13
Committee: ITRE
Amendment 580 #

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 within sixthree 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 594 #

2020/0374(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 34 to update the existing obligations laid down in Articles 5 and 6, and add obligations where, based on a market investigation pursuant to Article 17, it has identified the need for new obligations addressing practices that limit the contestability of core platform services or are unfair in the same way as the practices addressed by the obligations laid down in Articles 5 and 6.
2021/09/13
Committee: ITRE
Amendment 597 #

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 or end users, and the gatekeeper is obtaining an advantage from business users that is disproportionate to the service provided by the gatekeeper either to business or end users; or
2021/09/13
Committee: ITRE
Amendment 602 #

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 the undertaking to which the gatekeeper belongs, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature, including product design, structure, function or manner of operation capable of influencing user choice and autonomy or through agreements with third party business partners of the gatekeepers.
2021/09/13
Committee: ITRE
Amendment 603 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679. ;
2021/07/09
Committee: IMCO
Amendment 606 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
(a a) refrain from delivering and displaying advertisement that is targeting or micro-targeting individuals or segments of individuals based on their behaviour, the tracking of their activities or on profiling within the meaning of Article 4(4) of Regulation (EU) 2016/679;
2021/07/09
Committee: IMCO
Amendment 606 #

2020/0374(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Where consent for collecting and processing of personal data is required to ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to either enable business users to directly obtain the required consent to their processing, where required under Regulation (EU) 2016/679 and Directive 2002/58/EC, or to comply with Union data protection and privacy rules and principles in other ways including by providing business users with duly anonymised data where appropriate. The gatekeeper shall not make the obtaining of this consent by the business user more burdensome than for its own services including but not limited to, through product design, structure, function or manner of operation capable of influencing user choice and autonomy or through agreements with third party business partners of the gatekeepers.
2021/09/13
Committee: ITRE
Amendment 609 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a b (new)
(a b) refrain from combining personal data for advertising purposes or purposes of behaviour prediction;
2021/07/09
Committee: IMCO
Amendment 609 #

2020/0374(COD)

Proposal for a regulation
Article 12 – title
Obligation to inform aboutPrior notification of concentrations
2021/09/13
Committee: ITRE
Amendment 610 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 1 – introductory part
1. A gatekeeper shall informnotify to the Commission of any intended concentration within the meaning of Article 3 of Regulation (EC) No 139/2004 involving another provider of core platform services or of any other services provided in the digital sector irrespective of whether it is notifiable to a Union competition authority under Regulation (EC) No 139/2004 or to a competent national competition authority under national merger rules.
2021/09/13
Committee: ITRE
Amendment 612 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
A gatekeeper shall informnotify the Commission of such a concentration prior to its implementation and following the conclusion of the agreement, the announcement of the public bid, or the acquisition of a controlling interest.
2021/09/13
Committee: ITRE
Amendment 613 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. The notification pursuant to paragraph 1 shall at least describe for the acquisition targets their EEA and worldwide annual turnover, for any relevant core platform services their respective EEA annual turnover, their number of yearly active business users and the number of monthly active end users, the categories of personal data they process, as well as the rationale of the intended concentration.
2021/09/13
Committee: ITRE
Amendment 614 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2 a. The Commission shall assess the impact on any intended concentration on the contestability of markets by taking into account, inter alia, the elements laid down in Article 3(6). If, following this assessment, it is demonstrated that a concentration would weaken the contestability of markets, the Commission shall impose proportionate behavioural or structural remedies to ensure compliance with this Regulation.
2021/09/13
Committee: ITRE
Amendment 615 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 3
3. If, following any concentration as provided in paragraph 1, it is demonstrated that additional core platform services individually satisfy the thresholds in point (b) of Article 3(2), the gatekeeper concerned shall inform the Commission thereof within three months from the implementation of the concentration and provide the Commission with the information referred to in Article 3(2).
2021/09/13
Committee: ITRE
Amendment 616 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) allow business users to offer the same products or services to end users through third party online intermediation services or through direct business channels at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;
2021/07/09
Committee: IMCO
Amendment 616 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 3 a (new)
3 a. The Commission shall publish annually the list of acquisitions of which it has been informed by gatekeepers which have fallen below the notification thresholds of Council Regulation (EC) No 139/2004.
2021/09/13
Committee: ITRE
Amendment 623 #

2020/0374(COD)

Proposal for a regulation
Article 13 – paragraph 1 a (new)
The Commission shall develop, in consultation with the EU Data Protection Supervisor, the European Data Protection Board, civil society and experts, the standards and process of the audit. The audited description, as well as any relevant materials that is collected in the context of supervising the gatekeepers that relate to the processing of personal data, shall be shared by the Commission with any competent supervisory authority represented in the European Data Protection Board, upon its request. The Commission shall publish every two years a report on the findings.
2021/09/13
Committee: ITRE
Amendment 629 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. The Commission may conduct a market investigation for the purpose of examining whether a provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6), or in order to identify core platform services for a gatekeeper pursuant to Article 3(7). It shall endeavour to conclude its investigation by adopting a decision in accordance with the advisory procedure referred to in Article 32(4) within twelvesix months from the opening of the market investigation.
2021/09/13
Committee: ITRE
Amendment 633 #

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 within sixthree months from the opening of the investigation. In the preliminary findings, the Commission shall explain whether it considers, on a provisional basis, that the provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6).
2021/09/13
Committee: ITRE
Amendment 635 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) refrain from preventing or restricting business users or end user from raising issues with any relevant public authority or in front of national judiciary authority relating to any practice of gatekeepers;
2021/07/09
Committee: IMCO
Amendment 635 #

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 within 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 within three months from the opening of the investigation.deleted
2021/09/13
Committee: ITRE
Amendment 638 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. When the Commission pursuant to Article 3(6) designates as a gatekeeper a provider of core platform services that does not yet enjoy an entrenched and durable position in its operations, but it is foreseeable that it will enjoy such a position in the near future, based on a notification in line with Article 12(1), it shall declare applicable to that gatekeeper onlythe obligations laid down in Article 5(b) and Article 6(1) points (e), (f), (h) and (i) as specified in the designation decision. The Commission shall only declare applicable those obligations that are appropriate and necessary to prevent that the gatekeeper concerned achieves by unfair means an entrenched and durable position in its operations. The Commission shall review such a designation in accordance with the procedure laid down in Article 4.
2021/09/13
Committee: ITRE
Amendment 641 #

2020/0374(COD)

Proposal for a regulation
Article 16 – title
Market investigation into systematic non- compliance or concentration that weakens the contestability of markets
2021/09/13
Committee: ITRE
Amendment 643 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. 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 relatior where the Commission assesses under Article 12 that any intended concentration has an adverse impact on to the characteristics under Article 3(1)ontestability of markets, the Commission mayshall 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 conclude its investigation by adopting a decision within twelve months from the opening of the market investigation.
2021/09/13
Committee: ITRE
Amendment 647 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users or end users to use, offer or interoperate with an identification service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper;
2021/07/09
Committee: IMCO
Amendment 648 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The Commission may onlyalso impose structural remedies pursuant to paragraph 1 either where thwhere it consideres is no equallyt more effective than behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the gatekeeper concerned than the structural remedy.ies in ensuring compliance with the obligations laid down in Articles 5 and 6. Such structural remedies may include: - separation of business units; - unbundling and horizontal division of services; - changes to the gatekeeper’s financing model; - disgorging financial benefits to end- users;
2021/09/13
Committee: ITRE
Amendment 649 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. A gatekeeper shall be deemed to have engaged in a systematic non- compliance with the obligations laid down in Articles 5 and 6, whereas soon as the Commission has issued at least threewo non- compliance or fining decisions pursuant to Articles 25 and 26 respectively against a gatekeeper in relation to any of its core platform services within a period of five years prior to the adoption of the decision opening a market investigation in view of the possible adoption of a decision pursuant to this Articleten years.
2021/09/13
Committee: ITRE
Amendment 652 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 4
4. A gatekeeper shall be deemed to have further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), where its impact on the internal market has further increased, its importance as a gateway for business users to reach end users has further increased or the gatekeeper enjoys a further entrenched and durable position in its operations.deleted
2021/09/13
Committee: ITRE
Amendment 656 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 5
5. The Commission shall communicate its objections to the gatekeeper concerned within sixthree months from the opening of the investigation. In its objections, the Commission shall explain whether it preliminarily considers that the conditions of paragraph 1 are met and which remedy or remedies it preliminarily considers necessary and proportionate.
2021/09/13
Committee: ITRE
Amendment 663 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point f
(f) refrain from requiring business users or end users to subscribe to or register with any other core platform services identified pursuant to Article 3 or which meets the thresholds in Article 3(2)(b)or any ancillary service as a condition to access, sign up or register to any of their core platform services identified pursuant to that Article;
2021/07/09
Committee: IMCO
Amendment 673 #

2020/0374(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. In case of urgency due to the risk of serious and irreparable damage for business users or end users of gatekeepers, imminent threats to the fairness and contestability of markets or the general considerations laid out in Article 1(1), the Commission may, by decision adopt in accordance with the advisory procedure referred to in Article 32(4), order interim measures against a gatekeeper on the basis of a prima facie finding of an infringement of Articles 5 or 6.
2021/09/13
Committee: ITRE
Amendment 675 #

2020/0374(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. A decision pursuant to paragraph 1 may only be adopted in the context of proceedings opened in view of the possible adoption of a decision of non-compliance pursuant to Article 25(1). This decision shall apply for a specified period of time and may be renewed in so far this is necessary and appropriate.
2021/09/13
Committee: ITRE
Amendment 678 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g
(g) provide advertisers and publishers to which it supplies digital advertising services based on contextual information, upon their request, with information concerning 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 679 #

2020/0374(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point a a (new)
(a a) the measures proposed by the gatekeeper have proven ineffective to ensure compliance with the obligations of Article 5 and 6;
2021/09/13
Committee: ITRE
Amendment 681 #

2020/0374(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. The Commission mayshall take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in Articles 5 and 6 and the decisions taken pursuant to Articles 7, 16, 22 and 23.
2021/09/13
Committee: ITRE
Amendment 684 #

2020/0374(COD)

Proposal for a regulation
Article 24 – paragraph 2
2. The Commission will ensure that the number of permanent staff exclusively allocated for activities pertaining to the implementation of this Regulation is no lower than 300. The actions pursuant to paragraph 1 may include the appointment of independent external experts and auditors to assist the Commission to monitor the obligations and measures and to provide specific expertise or knowledge to the Commission.
2021/09/13
Committee: ITRE
Amendment 690 #

2020/0374(COD)

Proposal for a regulation
Article 25 – paragraph 1 a (new)
1 a. The Commission shall adopt its decision within six months from the opening of a proceeding.
2021/09/13
Committee: ITRE
Amendment 691 #

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 eximpose any appropriate remedies to ensure effective complianations on how it plans to comply with the decisce with the obligations laid down under Articles 5 and 6 and restore contestability and fairness on the markets in line with this Regulation.
2021/09/13
Committee: ITRE
Amendment 696 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
(g a) allow end users to un-install any pre-installed software applications on its operating system;
2021/07/09
Committee: IMCO
Amendment 696 #

2020/0374(COD)

Proposal for a regulation
Article 25 – paragraph 4
4. The gatekeeper shall provide the Commission with the description of the measures it took to ensure compliance with the decision adopted pursuant to paragraph 1. In case the noncompliance persists following a review of the measures taken by the gatekeeper, the Commission shall propose amendments to these measures to ensure full compliance with obligations laid down under Articles 5 and 6.
2021/09/13
Committee: ITRE
Amendment 698 #

2020/0374(COD)

Proposal for a regulation
Article 26 – paragraph 1 – introductory part
1. In the decision pursuant to Article 25, the Commission may impose on a gatekeeper fines not exceeding 10% of its total worldwide turnover in the preceding financial year where it finds that the gatekeeper, intentionally or negligently, fails to comply with:
2021/09/13
Committee: ITRE
Amendment 700 #

2020/0374(COD)

Proposal for a regulation
Article 26 – paragraph 2 – introductory part
2. The Commission may by decision impose on undertakings and associations of undertakings fines not exceeding 12% of the total worldwide turnover in the preceding financial year where they intentionally or negligently:
2021/09/13
Committee: ITRE
Amendment 701 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
(g b) allow end users, business users of number independent interpersonal communication services and social network services to access to and interoperate with the gatekeepers services by providing open standards, open protocols including Application Programming Interface.
2021/07/09
Committee: IMCO
Amendment 704 #

2020/0374(COD)

Proposal for a regulation
Article 27 – paragraph 1 – introductory part
1. The Commission may by decision impose on undertakings, including gatekeepers where applicable, periodic penalty payments not exceeding 510 % of the average daily worldwide turnover in the preceding financial year per day, calculated from the date set by that decision, in order to compel them:
2021/09/13
Committee: ITRE
Amendment 708 #

2020/0374(COD)

Proposal for a regulation
Article 28 – paragraph 1
1. The powers conferred on the Commission by Articles 26 and 27 shall be subject to a threfive year limitation period.
2021/09/13
Committee: ITRE
Amendment 710 #

2020/0374(COD)

Proposal for a regulation
Article 30 – paragraph 1 a (new)
1 a. If the Commission considers it necessary, it may also hear other natural or legal persons before taking the decisions as provided for in paragraph 1. Applications to be heard on the part of such persons shall, where they show a sufficient interest, be granted. The national competent authorities designated under Article 21(a) may also ask the Commission to hear other natural or legal persons with sufficient interest.
2021/09/13
Committee: ITRE
Amendment 713 #

2020/0374(COD)

Proposal for a regulation
Article 30 – paragraph 2
2. Gatekeepers, undertakings and, associations of undertakings and interested third parties 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 14 days.
2021/09/13
Committee: ITRE
Amendment 717 #

2020/0374(COD)

Proposal for a regulation
Article 30 – paragraph 3
3. The Commission shall base its decisions only on objections on which gatekeepers, undertakings and, associations of undertakings and interested third-parties concerned have been able to comment.
2021/09/13
Committee: ITRE
Amendment 719 #

2020/0374(COD)

Proposal for a regulation
Article 30 a (new)
Article 30 a Accountability 1. The Commission shall adopt an annual report on the state of the digital economy. This report shall provide an analysis of the market position, influence and business models of the gatekeepers in the common market. The report shall include a summary of its activities, in particular supervisory measures adopted under Chapter II and IV of this Regulation as well as an assessment on whether competition rules, the provisions of this Regulation (and Regulation XX/2021 DSA) and current enforcement levels are adequate to address anticompetitive conduct and ensure the contestability and fairness of digital markets. This annual report shall also include an assessment of the audit reports foreseen in Article 13 and a social impact assessment, which assesses new digital products and services and their potential impact on mental health, user behaviour, disinformation, polarisation and democracy. In the fulfilment of this mandate, the Commission shall coordinate its supervisory and monitoring efforts with those foreseen under the Digital Services Act, so as to achieve the best possible synergies. 2. The European Parliament through its competent committees may provide an opinion on an annual basis on the report by the Commission including proposals for market investigations into new services and new practices under Article 17. 3. The Commission shall reply in writing to the opinion adopted by the European Parliament as well as respond to any call for action concerning Article 17 therein, including providing justifications for foreseen inaction, and to any question addressed to it by the European Parliament or by the Council within five weeks of its receipt. 4. At the request of the European Parliament, the Commission shall participate in a hearing before the European Parliament. A hearing shall take place at least bi-annually. The respective Commissioner shall make a statement before the European Parliament and answer any questions from its members, whenever so requested. In addition, a continuous, high-level dialogue between the European Parliament and the Commission shall be ensured through exchanges which take place no less than four times a year.
2021/09/13
Committee: ITRE
Amendment 720 #

2020/0374(COD)

Proposal for a regulation
Article 31 – paragraph 1
1. The information collected pursuant to Articles 3, 12, 13, 19, 20 and 21 shall be used only for the purposes of this Regulation.
2021/09/13
Committee: ITRE
Amendment 721 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) allow end users to un-install any pre-installed software applications on its core platform service 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 721 #

2020/0374(COD)

Proposal for a regulation
Article 31 – paragraph 2
2. Without prejudice to the exchange and to the use of information provided for the purpose of use pursuant to Articles 12, 13, 32 and 33, the Commission, the authorities of the Member States, their officials, servants and other persons working under the supervision of these authorities and any natural or legal person, including auditors and experts appointed pursuant to Article 24(2), shall not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. This obligation shall also apply to all representatives and experts of Member States participating in any of the activities of the Digital Markets Advisory Committee pursuant to Article 32.
2021/09/13
Committee: ITRE
Amendment 731 #

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 or repositories using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores or repositories 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;
2021/07/09
Committee: IMCO
Amendment 733 #

2020/0374(COD)

Proposal for a regulation
Article 32 a (new)
Article 32 a Role of national competent authorities and coordination by the Commission 1. Member State shall designate a competent authority to monitor compliance with obligations laid down in this Regulation and report regularly to the Commission on compliance with this Regulation. 2. National competent authorities may provide, under the coordination of the Commission, support to a market investigation or proceeding pursuant to Article 7(2), 15, 16, 17, 19, 20 by collecting information and providing expertise or by collecting complaints to be transferred to the Commission. 3. When collecting sufficient evidence for designation of a gatekeeper, non- compliance with the obligations laid down in Articles 5 and 6 or need to add new obligations, national competent authorities shall request the opening of a market investigation in accordance with Article 33.
2021/09/13
Committee: ITRE
Amendment 737 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. When threone or more Member States request the Commission to open an investigation pursuant to Article 15 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 within four months examine whether there are reasonable grounds to open such an investigation and adopt a decision. In case the Commission decides that there is no grounds for opening a market investigation, it shall publish a reasoned opinion.
2021/09/13
Committee: ITRE
Amendment 741 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 1 a (new)
1 a. When one or more Member States request the Commission to open an investigation pursuant to Article 16 because they consider that there are reasonable grounds to suspect that a provider of core platform services fails to comply with its obligations under Article 5 and 6, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation and adopt a decision. In case the Commission decides there is no grounds for opening a market investigation, it shall publish a reasoned opinion.
2021/09/13
Committee: ITRE
Amendment 742 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 1 b (new)
1 b. When one or more Member States request the Commission to open an investigation pursuant to Article 17 because they consider that there are reasonable grounds to request new services or practices to fall under the scope of this Regulation, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation and adopt a decision. In case the Commission decides there is no grounds for opening a market investigation, it shall publish a reasoned opinion.
2021/09/13
Committee: ITRE
Amendment 743 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 2
2. Member States shall submit evidence in support of their request. Such evidence provided by competent national authorities shall notably include information allowing to determine the fairness of general access conditions to core platform services, including as regards revenue streams deriving from advertisement, and the distribution of appropriate shares of revenues to third party right holders.
2021/09/13
Committee: ITRE
Amendment 745 #

2020/0374(COD)

Proposal for a regulation
Article 33 a (new)
Article 33 a Right to lodge complaints 1. Third parties representing business users or end users shall be entitled to lodge complaints with regard to the non- designation of gatekeepers and non- compliance by gatekeepers with their obligations in accordance with Article 3, 5 and 6 and request the opening of a market investigation pursuant to Article 15, 16, 17. They shall submit evidence in support of their request. 2. The Commission shall examine whether there are reasonable grounds to open such an investigation and inform the interested third parties of its decision within three months.
2021/09/13
Committee: ITRE
Amendment 746 #

2020/0374(COD)

Proposal for a regulation
Article 33 b (new)
Article 33 b Amendment to Directive (EU) 2020/1828 The following point is added to the Annex I of Directive (EU) 2020/1828: '(67)Regulation (EU) 20XX/XXXX of the European Parliament and of the Council on contestable and fair markets in the digital sectors'
2021/09/13
Committee: ITRE
Amendment 747 #

2020/0374(COD)

Proposal for a regulation
Article 34 – paragraph 1
1. The Commission shall publish the decisions which it takes pursuant to Articles 3, 7, 8, 9, 15, 16, 17, 18, 22, 23(1), 25, 26 and 27, 27, 33, and 33(a). Such publication shall state the names of the parties and the main content of the decision, including any penalties imposed, and a report stating the grounds for such a decision.
2021/09/13
Committee: ITRE
Amendment 751 #

2020/0374(COD)

Proposal for a regulation
Article 36 – paragraph 1 – introductory part
1. The Commission may adopt implementing acts concerning: 3, 6, 7, 12, 13, 15, 16, 17, 20, 22, 23, 25 and 30
2021/09/13
Committee: ITRE
Amendment 752 #

2020/0374(COD)

Proposal for a regulation
Article 36 – paragraph 1 – point b a (new)
(b a) the technical specifications pursuant to Article 6a that the gatekeepers shall implement in order to comply with Article 6(f).
2021/09/13
Committee: ITRE
Amendment 754 #

2020/0374(COD)

Proposal for a regulation
Article 36 – paragraph 2
2. the practical arrangements for the cooperation and coordination between the Commission and Member States provided for in Article 1(7).Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 32(4). Before the adoption of any measures pursuant to paragraph 1, the Commission shall publish a draft thereof and invite all interested parties, including end user representatives and civil society, to submit their comments within the time limit it lays down, which may not be less than one month.
2021/09/13
Committee: ITRE
Amendment 759 #

2020/0374(COD)

Proposal for a regulation
Article 38 – paragraph 3
3. Member States shall provide any relevant information they have that the Commission may require for the purposes of drawing up the report referred to in paragraph 1. Among such information, data allowing to determine the fairness of general access conditions to platform services shall be examined, including as regards revenue streams deriving from advertisement, and the distribution of appropriate share of revenues to third party right holders.
2021/09/13
Committee: ITRE
Amendment 763 #

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;
2021/07/09
Committee: IMCO
Amendment 778 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point f
(f) allow business users, end users and providers of ancillary servicesservices free of charge 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;
2021/07/09
Committee: IMCO
Amendment 788 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, upon their request and free of charge, with access to the performance measuring tools of the gatekeeper for the purpose of digital advertising based on contextual information and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory;
2021/07/09
Committee: IMCO
Amendment 793 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point h
(h) provide effective portability of data generated through the activity of a business user or end user and shall, in particular, provide tools for end users to facilitate the exercise ofeffective portability of the personal data relating to her or him, including personal data generated through her or his activity as end-user of the platform service data portability, in line with Regulation EU 2016/679, including by the provision of continuous and real-time access ;
2021/07/09
Committee: IMCO
Amendment 799 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated or non-aggregated non- personal 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 807 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point j
(j) provide to any third party providers of online search engines, upon their request, with access on fair, reasonable and non-discriminatory terms to ranking, query, click and view data in relation to free and paid search generated by end users on online search engines of the gatekeeper, subject to anonymisation for the query, click and view data that constitutes personal data provided that the gatekeepers able to demonstrate that anonymised query, click and view data have been adequately tested against possible re-identification risks;
2021/07/09
Committee: IMCO
Amendment 813 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k
(k) apply transparent, fair and non- discriminatory general conditions of access for business users to its software application store designated pursuant to Article 3 of this Regulation. , and for business users SMEs on a given sectorial market to its online search engine and online social networking service designated pursuant to Article 3 of this Regulation;
2021/07/09
Committee: IMCO
Amendment 823 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
(k a) ensure that their services, including user interfaces, are accessible to persons with disabilities in accordance with Article 13 of Directive (EU) 2019/882. They shall also ensure that business users which rely on their core platform service to reach consumers for offering services and products in the scope of Directive (EU) 2019/882, comply with the requirements of Directive (EU) 2019/882;
2021/07/09
Committee: IMCO
Amendment 828 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k b (new)
(k b) refrain from deploying subliminal techniques beyond a person`s consciousness in order to materially distort a person`s behaviour in a manner that can lead that person towards making certain choices by appealing to psychological biases driven by intermediation bias;
2021/07/09
Committee: IMCO
Amendment 832 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k c (new)
(k c) refrain from limiting end users’ ability to directly access business users or other end-users services or websites outside of the gatekeepers’ ecosystem from the gatekeeper platform service.
2021/07/09
Committee: IMCO
Amendment 856 #

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 mayshall by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision within six months from the opening of proceedings pursuant to Article 18. The decision shall be public.
2021/07/09
Committee: IMCO
Amendment 865 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. Paragraph 2 of this Article is without prejudice to the powers of the Commission under Articles 25, 26 and 27. In case of a non-compliance decision under Article 25 resulting in fines and penalties under Article 26, the period for non-compliance shall be presumed to start from the deadline set under Article 3(8).
2021/07/09
Committee: IMCO
Amendment 868 #

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 to gatekeepers its preliminary findings within 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. The Commission may consult interested third parties demonstrating sufficient interest when drafting the preliminary findings. The preliminary findings shall be public.
2021/07/09
Committee: IMCO
Amendment 878 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 6 a (new)
6a. For the purposes of specifying the obligations under Article 6(1) point (f),interoperability shall be defined by reference to the open technologies, open standards and open protocols, including the technical interface (Application Programming Interface), that allows end users of competing software and services and business users to dock on to the gatekeepers core service and to interoperate with it. Any processing of personal data by gatekeepers should comply with Regulation (EU) 2016/679, in particular articles 6(1)(a) and5(1)(c). Interoperability obligations shall not limit, hinder or delay the ability of intermediaries to address vulnerabilities in order to comply with an obligation under article 18 of COM(2020) 823 final or article 32(1)(c) of Regulation (EU) 2016/679.
2021/07/09
Committee: IMCO
Amendment 880 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 6 b (new)
6b. The Commission shall adopt implementing act establishing the technical specifications referred to in article 7(6a new). Those technical specifications shall meet the interoperability requirements set out in article 6(1)(f) and article 7(6a new).
2021/07/09
Committee: IMCO
Amendment 886 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 7
7. A gatekeeper may request within the time-limits set under Article 3(8) 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.
2021/07/09
Committee: IMCO
Amendment 887 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 7 a (new)
7a. The powers granted to the Commission under this Article are without prejudice to the jurisdiction of national courts to ensure compliance with the obligations laid down in Articles 5 and 6 in legal proceedings between gatekeepers, business and end users, including in collective redress procedures pursuant to Directive (EU) 2020/18281a. _________________ 1aDirective (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC.
2021/07/09
Committee: IMCO
Amendment 916 #

2020/0374(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 34 to update the existing obligations laid down in Articles 5 and 6, and add obligations where, based on a market investigation pursuant to Article 17, it has identified the need for new obligations addressing practices that limit the contestability of core platform services or are unfair in the same way as the practices addressed by the obligations laid down in Articles 5 and 6.
2021/07/09
Committee: IMCO
Amendment 926 #

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 and end users, and the gatekeeper is obtaining an advantage from business users that is disproportionate to the service provided by the gatekeeper toeither on business or end users; or
2021/07/09
Committee: IMCO
Amendment 933 #

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 the undertaking to which the gatekeeper belongs, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature, including product design, structure, function or manner of operation capable of influencing user choice and autonomy or through agreements with third party business partners of the gatekeepers.
2021/07/09
Committee: IMCO
Amendment 939 #

2020/0374(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Where consent for collecting and processing of personal data is required to ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to either enable business users to directly obtain the required consent to their processing, where required under Regulation (EU) 2016/679 and Directive 2002/58/EC, or to comply with Union data protection and privacy rules and principles in other ways including by providing business users with duly anonymised data where appropriate. The gatekeeper shall not make the obtaining of this consent by the business user more burdensome than for its own services including product design, structure, function or manner of operation capable of influencing user choice and autonomy or through agreements with third party business partners of the gatekeepers.
2021/07/09
Committee: IMCO
Amendment 951 #

2020/0374(COD)

Proposal for a regulation
Article 12 – title
12 Obligation to inform aboutPrior notification of concentrations
2021/07/09
Committee: IMCO
Amendment 956 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 1 – introductory part
1. A gatekeeper shall informnotify to the Commission of any intended concentration within the meaning of Article 3 of Regulation (EC) No 139/2004 involving another provider of core platform services or of any other services provided in the digital sector irrespective of whether it is notifiable to a Union competition authority under Regulation (EC) No 139/2004 or to a competent national competition authority under national merger rules.
2021/07/09
Committee: IMCO
Amendment 961 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
A gatekeeper shall informnotify the Commission of such a concentration prior to its implementation and following the conclusion of the agreement, the announcement of the public bid, or the acquisition of a controlling interest.
2021/07/09
Committee: IMCO
Amendment 964 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. The notification pursuant to paragraph 1 shall at least describe for the acquisition targets their EEA and worldwide annual turnover, for any relevant core platform services their respective EEA annual turnover, their number of yearly active business users and the number of monthly active end users, the categories of personal data they process, as well as the rationale of the intended concentration.
2021/07/09
Committee: IMCO
Amendment 966 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2a. The Commission should assess the impact on any intended concentration on the contestability of markets by taking into account, inter alia, the elements laid down in Article 3(6). If, following this assessment, it is demonstrated that a concentration would weaken the contestability of markets, the Commission shall impose proportionate behavioural or structural remedies to ensure compliance with this Regulation.
2021/07/09
Committee: IMCO
Amendment 967 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 3
3. If, following any concentration as provided in paragraph 1, it is demonstrated that additional core platform services individually satisfy the thresholds in point (b) of Article 3(2), the gatekeeper concerned shall inform the Commission thereof within three months from the implementation of the concentration and provide the Commission with the information referred to in Article 3(2).
2021/07/09
Committee: IMCO
Amendment 971 #

2020/0374(COD)

Proposal for a regulation
Article 13 – paragraph 1
Within six months after its designation pursuant to Article 3, a gatekeeper shall submit to the Commission an independently audited description of any techniques for profiling of consumers that the gatekeeper applies to or across its core platform services identified pursuant to Article 3. This description shall be updated at least annually. The Commission shall develop, in consultation with the EU Data Protection Supervisor, the European Data Protection Board, civil society and experts, the standards and process of the audit. The audited description, as well as any relevant materials that is collected in the context of supervising the gatekeepers that relate to the processing of personal data, shall be shared by the Commission with any competent supervisory authority represented in the European Data Protection Board, upon its request.
2021/07/09
Committee: IMCO
Amendment 984 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. The Commission may conduct a market investigation for the purpose of examining whether a provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6), or in order to identify core platform services for a gatekeeper pursuant to Article 3(7). It shall endeavour to conclude its investigation by adopting a decision in accordance with the advisory procedure referred to in Article 32(4) within twelvesix months from the opening of the market investigation.
2021/07/09
Committee: IMCO
Amendment 989 #

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 within sixthree 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 992 #

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 within 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 within three months from the opening of the investigation.deleted
2021/07/09
Committee: IMCO
Amendment 998 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. When the Commission pursuant to Article 3(6) designates as a gatekeeper a provider of core platform services that does not yet enjoy an entrenched and durable position in its operations, but it is foreseeable that it will enjoy such a position in the near future based on a notification in line with Article 12(1), it shall declare applicable to that gatekeeper only obligations laid down in Article 5(b) and Article 6(1) points (e), (f), (h) and (i) as specified in the designation decision. The Commission shall only declare applicable those obligations that are appropriate and necessary to prevent that the gatekeeper concerned achieves by unfair means an entrenched and durable position in its operations. The Commission shall review such a designation in accordance with the procedure laid down in Article 4.
2021/07/09
Committee: IMCO
Amendment 1003 #

2020/0374(COD)

Proposal for a regulation
Article 16 – title
16 Market investigation into systematic non-compliance or concentration that weakens the contestability of markets
2021/07/09
Committee: IMCO
Amendment 1011 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. 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 relatior where the Commission assesses under Article 12 that any intended concentration has an adverse impact on to the characteristics under Article 3(1)ontestability of markets, the Commission mayshall 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 conclude its investigation by adopting a decision within twelvesix months from the opening of the market investigation.
2021/07/09
Committee: IMCO
Amendment 1016 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The Commission may onlyalso impose structural remedies pursuant to paragraph 1 either where thwhere it consideres is no equallyt more effective than behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the gatekeeper concerned than the structural remedy.ies in ensuring compliance with the obligations laid down in articles 5 and 6. Such structural remedies may include: - separation of business units; - unbundling and horizontal division of services; - changes to the gatekeeper’s financing model; - disgorging financial benefits to end- users;
2021/07/09
Committee: IMCO
Amendment 1021 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. A gatekeeper shall be deemed to have engaged in a systematic non- compliance with the obligations laid down in Articles 5 and 6, whereas soon as the Commission has issued at least threewo non- compliance or fining decisions pursuant to Articles 25 and 26 respectively against a gatekeeper in relation to any of its core platform services within a period of five years prior to the adoption of the decision opening a market investigation in view of the possible adoption of a decision pursuant to this Articleten years.
2021/07/09
Committee: IMCO
Amendment 1026 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 4
4. A gatekeeper shall be deemed to have further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), where its impact on the internal market has further increased, its importance as a gateway for business users to reach end users has further increased or the gatekeeper enjoys a further entrenched and durable position in its operations.deleted
2021/07/09
Committee: IMCO
Amendment 1031 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 5
5. The Commission shall communicate its objections to the gatekeeper concerned within sixthree 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 1065 #

2020/0374(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. In case of urgency due to the risk of serious and irreparable damage for business users or end users of gatekeepers, imminent threats to the fairness and contestability of markets or the general considerations laid out in Article 1(1), 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 1068 #

2020/0374(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. A decision pursuant to paragraph 1 may only be adopted in the context of proceedings opened in view of the possible adoption of a decision of non-compliance pursuant to Article 25(1). This decision shall apply for a specified period of time and may be renewed in so far this is necessary and appropriate.
2021/07/09
Committee: IMCO
Amendment 1075 #

2020/0374(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point a a (new)
(aa) the measures proposed by the gatekeeper have proven ineffective to ensure compliance with the obligations of Article 5 and 6;
2021/07/09
Committee: IMCO
Amendment 1078 #

2020/0374(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. The Commission mayshall take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in Articles 5 and 6 and the decisions taken pursuant to Articles 7, 16, 22 and 23.
2021/07/09
Committee: IMCO
Amendment 1086 #

2020/0374(COD)

The Commission shall adopt its decision within six months from the opening of a proceeding.
2021/07/09
Committee: IMCO
Amendment 1088 #

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 eximpose any appropriate remedies to ensure effective complianations on how it plans to comply with the decisce with the obligations laid down under Articles 5 and 6 and restore contestability and fairness on the markets in line with this Regulation.
2021/07/09
Committee: IMCO
Amendment 1094 #

2020/0374(COD)

Proposal for a regulation
Article 25 – paragraph 4
4. The gatekeeper shall provide the Commission with the description of the measures it took to ensure compliance with the decision adopted pursuant to paragraph 1. In case the non compliance persists following a review of the measures taken by the gatekeeper, the Commission shall propose amendments to these measures to ensure full compliance with obligations laid down under Articles 5 and 6.
2021/07/09
Committee: IMCO
Amendment 1117 #

2020/0374(COD)

Proposal for a regulation
Article 28 – paragraph 1
1. The powers conferred on the Commission by Articles 26 and 27 shall be subject to a threfive year limitation period.
2021/07/09
Committee: IMCO
Amendment 1125 #

2020/0374(COD)

Proposal for a regulation
Article 30 – paragraph 1 a (new)
1a. If the Commission considers it necessary, it may also hear other natural or legal persons before taking the decisions as provided for in paragraph 1. Applications to be heard on the part of such persons shall, where they show a sufficient interest, be granted. The national competent authorities designated under Article 21(a) may also ask the Commission to hear other natural or legal persons with sufficient interest.
2021/07/09
Committee: IMCO
Amendment 1127 #

2020/0374(COD)

Proposal for a regulation
Article 30 – paragraph 2
2. Gatekeepers, undertakings and 2. , associations of undertakings concerned and interested third-parties 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 14 days.
2021/07/09
Committee: IMCO
Amendment 1129 #

2020/0374(COD)

Proposal for a regulation
Article 30 – paragraph 3
3. The Commission shall base its decisions only on objections on which gatekeepers, undertakings and, associations of undertakings concerned and interested third-parties have been able to comment.
2021/07/09
Committee: IMCO
Amendment 1132 #

2020/0374(COD)

Proposal for a regulation
Article 30 a (new)
Article 30 a Accountability 1. The Commission shall adopt an annual report on the state of the digital economy. This report shall provide an analysis of the market position, influence and business models of the gatekeepers in the common market. The report shall include a summary of its activities, in particular supervisory measures adopted under Chapter II and IV of this Regulation as well as an assessment on whether competition rules, the provisions of this Regulation (and Regulation XX/2021 Digital Services Act) and current enforcement levels are adequate to address anticompetitive conduct and ensure the contestability and fairness of digital markets. This annual report shall also include a social impact assessment, which assesses new digital products and services and their potential impact on mental health, user behaviour, disinformation, polarisation and democracy. In the fulfilment of this mandate, the Commission should coordinate its supervisory and monitoring efforts with those foreseen under the Digital Services Act, so as to achieve the best possible synergies. 2. The European Parliament through its competent committees may provide an opinion on an annual basis on the report by the Commission. 3. The Commission shall reply in writing to the opinion adopted by the European Parliament and to any question addressed to it by the European Parliament or by the Council within five weeks of its receipt. 4. At the request of the European Parliament, the Commission shall participate in a hearing before the European Parliament. A hearing shall take place at least bi-annually. The respective Commissioner shall make a statement before the European Parliament and answer any questions from its members, whenever so requested. In addition, a continuous, high-level dialogue between the European Parliament and the Commission shall be ensured through exchanges which take place no less than four times a year.
2021/07/09
Committee: IMCO
Amendment 1133 #

2020/0374(COD)

Proposal for a regulation
Article 31 – paragraph 1
1. The information collected pursuant to Articles 3, 12, 13, 19, 20 and 21 shall be used only for the purposes of this Regulation.
2021/07/09
Committee: IMCO
Amendment 1138 #

2020/0374(COD)

Proposal for a regulation
Article 31 – paragraph 2
2. Without prejudice to the exchange and to the use of information provided for the purpose of use pursuant to Articles 12, 13, 32 and 33, the Commission, the authorities of the Member States, their officials, servants and other persons working under the supervision of these authorities and any natural or legal person, including auditors and experts appointed pursuant to Article 24(2), shall not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. This obligation shall also apply to all representatives and experts of Member States participating in any of the activities of the Digital Markets Advisory Committee pursuant to Article 32.
2021/07/09
Committee: IMCO
Amendment 1151 #

2020/0374(COD)

Proposal for a regulation
Article 32 a (new)
Article 32 a Role of national competent authorities and coordination by the Commission 1. Member State shall designate a competent authority to monitor compliance with obligations laid down in this Regulation and report regularly to the Commission on compliance with this Regulation. 2. National competent authorities may provide, under the coordination of the Commission, support to a market investigation or proceeding pursuant to Article 7(2), 15, 16, 17, 19, 20 by collecting information and providing expertise or by collecting complaints to be transferred to the Commission. 3. When collecting sufficient evidence for designation of a gatekeeper, non- compliance with the obligations laid down in Articles 5 and 6 or need to add new obligations, national competent authorities shall request the opening of a market investigation in accordance with Article 33.
2021/07/09
Committee: IMCO
Amendment 1156 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. When threone or more Member States request the Commission to open an investigation pursuant to Article 15 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 within four months examine whether there are reasonable grounds to open such an investigation and adopt a decision. In case the Commission decides that there is no grounds for opening a market investigation, it shall publish a reasoned opinion.
2021/07/09
Committee: IMCO
Amendment 1162 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 1 a (new)
1a. When one or more Member States request the Commission to open an investigation pursuant to Article 16 because they consider that there are reasonable grounds to suspect that a provider of core platform services fails to comply with its obligations under Article 5 and 6, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation and adopt a decision. In case the Commission decides that there is no grounds for opening a market investigation, it shall publish a reasoned opinion
2021/07/09
Committee: IMCO
Amendment 1164 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 1 b (new)
1b. When one or more Member States request the Commission to open an investigation pursuant to Article 17 because they consider that there are reasonable grounds to request new services or practices to fall under the scope of this Regulation, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation and adopt a decision. In case the Commission decides there is no grounds for opening a market investigation, it shall publish a reasoned opinion.
2021/07/09
Committee: IMCO
Amendment 1170 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 2
2. Member States shall submit evidence in support of their request. Such evidence provided by competent national authorities shall notably include information allowing to determine the fairness of general access conditions to core platform services, including as regards revenue streams deriving from advertisement, and the distribution of appropriate shares of revenues to third party right holders.
2021/07/09
Committee: IMCO
Amendment 1175 #

2020/0374(COD)

Proposal for a regulation
Article 33 a (new)
Article 33 a Right to lodge complaints 1. Third parties representing business users or end users shall be entitled to lodge complaints with regard to the non- designation of gatekeepers and non- compliance by gatekeepers with their obligations in accordance with Article 3, 5 and 6 and request the opening of a market investigation pursuant to Article 15, 16, 17. They shall submit evidence in support of their request. 2. The Commission shall examine whether there are reasonable grounds to open such an investigation and inform the interested third parties of its decision within three months.
2021/07/09
Committee: IMCO
Amendment 1179 #

2020/0374(COD)

Proposal for a regulation
Article 33 b (new)
Article 33 b Amendment to Directive (EU) 2020/1828 The following point is added to the Annex I of Directive (EU) 2020/1828: '(67)Regulation (EU) 20XX/XXXX of the European Parliament and of the Council on contestable and fair markets in the digital sectors'
2021/07/09
Committee: IMCO
Amendment 1181 #

2020/0374(COD)

Proposal for a regulation
Article 34 – paragraph 1
1. The Commission shall publish the decisions which it takes pursuant to Articles 3, 7, 8, 9, 15, 16, 17, 18, 22, 23(1), 25, 26 and 27, 27, 33, and 33(a). Such publication shall state the names of the parties and the main content of the decision, including any penalties imposed, and a report stating the grounds for such a decision.
2021/07/09
Committee: IMCO
Amendment 1198 #

2020/0374(COD)

Proposal for a regulation
Article 38 – paragraph 3
3. Member States shall provide any relevant information they have that the Commission may require for the purposes of drawing up the report referred to in paragraph 1. Among such information, data allowing to determine the fairness of general access conditions to platform services should be examined, including as regards revenue streams deriving from advertisement, and the distribution of appropriate share of revenues to third party right holders.
2021/07/09
Committee: IMCO
Amendment 192 #

2020/0361(COD)

Proposal for a regulation
Recital 4 a (new)
(4a) Online advertisement plays an important role in the online environment, including in relation to the provision of the information society services. However, certain forms of online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to creating financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, to misleading or exploitative marketing or the discriminatory display of advertising with an impact on the equal treatment and the rights of consumers. Consumers are largely unaware of the volume and granularity of the data that is being collected and used to deliver personalised and micro-targeted advertisements, and have little agency and limited ways to stop or control data exploitation. The significant reach of a few online platforms, their access to extensive datasets and participation at multiple levels of the advertising value chain has created challenges for businesses, traditional media services and other market participants seeking to advertise or develop competing advertising services. In addition to the information requirements resulting from Article 6 of Directive 2000/31/EC, stricter rules on targeted advertising and micro-targeting are needed, in favour of less intrusive forms of advertising that do not require extensive tracking of the interaction and behaviour of recipients of the service. Therefore, providers of information society services may only deliver and display online advertising to a recipient or a group of recipients of the service when this is done based on contextual information, such as keywords or metadata. Providers should not deliver and display online advertising to a recipient or a clearly identifiable group of recipients of the service that is based on personal or inferred data relating to the recipients or groups of recipients. Where providers deliver and display advertisement, they should be required to ensure that the recipients of the service have certain individualised information necessary for them to understand why and on whose behalf the advertisement is displayed, including sponsored content and paid promotion.
2021/07/08
Committee: IMCO
Amendment 198 #

2020/0361(COD)

Proposal for a regulation
Recital 5 a (new)
(5a) Given the cross-border nature of the services concerned, 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 online 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 207 #

2020/0361(COD)

Proposal for a regulation
Recital 8
(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, or the targedirecting of activities towards one or more Member States. The targedirecting of activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targedirecting of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union cannot, on that ground alone, be considered as establishing a substantial connection to the Union. __________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1).
2021/07/08
Committee: IMCO
Amendment 215 #

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, 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. Therefore, Chapter III (Articles 10 to 37) also applies as a horizontal framework mutatis mutandis to intermediary services when implementing other secondary legislation, to the extent no more specific rules are laid down. __________________ 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 222 #

2020/0361(COD)

Proposal for a regulation
Recital 11
(11) It should be clarified that this Regulation is without prejudice to the rules of Union law on copyright and related rights, which establish specific rules and procedures that should remain unaffected.
2021/07/08
Committee: IMCO
Amendment 231 #

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 broadappropriately and also covers unlawful information directly relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that directly relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, illegally-traded animals 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 247 #

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. Accordingly, where access to information requires registration or admittance to a group of users, that information should be considered to be disseminated to the public only where users seeking to access the information are automatically registered or admitted without a human decision or selection of whom to grant access. Interpersonal communication services, as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council,39 such as emails or private messaging services, fall outside the scope of this Regulation may, in general, not be considered as a dissemination to the public. Information should be considered disseminated to the public within the meaning of this Regulation only where that occurs upon the direct request by the recipient of the service that provided the information. __________________ 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 254 #

2020/0361(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) Ensuring that providers of intermediary services can offer strong and effective end-to-end encryption is essential for trust in and security of digital services in the Digital Single Market, and effectively prevents unauthorised third- party access.
2021/07/08
Committee: IMCO
Amendment 275 #

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 remov act expeditiously to remove or to disable access to content where it is evident to a layperson, without any substantive analysis, that the content is manifestly illegal or where it has become aware orf to disable access tohe unlawful nature of thate content. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.
2021/07/08
Committee: IMCO
Amendment 289 #

2020/0361(COD)

Proposal for a regulation
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online platforms that allow consumers to conclude distance contracts with traders, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platforms present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. 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 294 #

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. 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 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.deleted
2021/07/08
Committee: IMCO
Amendment 295 #

2020/0361(COD)

Proposal for a regulation
Article 2 a (new)
Article 2 a Targeting of digital advertising 1. Providers of information society services shall not collect or process personal data as defined by Regulation (EU) 2016/679 for the purpose of determining the recipients to whom advertisements are displayed. 2. This provision shall not prevent information society services from determining the recipients to whom advertisements are displayed on the basis of contextual information such as keywords, the language setting communicated by the device of the recipient or the geographical region of the recipients to whom an advertisement is displayed. 3. The use of the contextual information referred to in paragraph2 shall only be permissible if it does not allow for the direct or, by means of combining it with other information, indirect identification of one or more natural persons, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person or persons.
2021/06/10
Committee: LIBE
Amendment 305 #

2020/0361(COD)

Proposal for a regulation
Recital 26
(26) Whilst the rules in Chapter II of this Regulation concentrate on the exemption from liability of providers of intermediary services, it is important to recall that, despite the generally important role played by those providers, the problem of illegal content and activities online should not be dealt with by solely focusing on their liability and responsibilities. Where possible, third parties affected by illegal content transmitted or stored online should attempt to resolve conflicts relating to such content without involving the providers of intermediary services in question. Recipients of the service should be held liable, where the applicable rules of Union and national law determining such liability so provide, for the illegal content that they provide and may disseminate through intermediary services. Where appropriate, other actors, such as group moderators in closed and open online environments, in particular in the case of large groups, should also help to avoid the spread of illegal content online, in accordance with the applicable law. Furthermore, where it is necessary to involve information society services providers, including providers of intermediary services, any requests or orders for such involvement should, as a general rule, be directed to the actor that has the technical and operational ability to act against specific items of illegal content, so as to prevent and minimise any possible negative effects for the availability and accessibility of information that is not illegal content.
2021/07/08
Committee: IMCO
Amendment 308 #

2020/0361(COD)

Proposal for a regulation
Recital 27
(27) Since 2000, new technologies have emerged that improve the availability, efficiency, speed, reliability, capacity and security of systems for the transmission and storage of data online, leading to an increasingly complex online ecosystem. In this regard, it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet, including technical auxiliary functions, can also benefit from the exemptions from liability set out in this Regulation, to the extent that their services qualify as ‘mere conduits’, ‘caching’ or hosting services. Such services include, as the case may be, wireless local area networks, domain name system (DNS) services, top–level domain name registries, certificate authorities that issue digital certificates, 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. Domain name system (DNS) registration services can also benefit from the exemptions from liability set out in this Regulation.
2021/07/08
Committee: IMCO
Amendment 317 #

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 cases and therefore, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content.
2021/07/08
Committee: IMCO
Amendment 323 #

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 processing of those orders. The applicable rules on the mutual recognition of court decisions should be unaffected.
2021/07/08
Committee: IMCO
Amendment 366 #

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 discriminatory, unfair or arbitrary outcomes.
2021/07/08
Committee: IMCO
Amendment 370 #

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 a standardised and machine- readable format, 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, or as a not-for-profit service with fewer than 100.000 monthly active users. __________________ 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 373 #

2020/0361(COD)

Proposal for a regulation
Recital 39 a (new)
(39a) Recipients of the service should be empowered to make autonomous decisions inter alia regarding the acceptance of and changes to terms and conditions, advertising practices, privacy and other settings, recommender systems when interacting with intermediary services. However, dark patterns typically exploit cognitive biases and prompt online consumers to purchase goods and services that they do not want or to reveal personal information they would prefer not to disclose. Therefore, providers of intermediary services should be prohibited from deceiving or nudging recipients of the service and from subverting or impairing the autonomy, decision- making, or choice of the recipients of the service via the structure, design or functionalities of an online interface or a part thereof (‘dark patterns’). This includes, but is not limited to, exploitative design choices to direct the recipient to actions that benefit the provider of intermediary services, but which may not be in the recipients’ interests, presenting choices in a non-neutral manner, repetitively requesting or pressuring the recipient to make a decision or hiding or obscuring certain options.
2021/07/08
Committee: IMCO
Amendment 379 #

2020/0361(COD)

Proposal for a regulation
Recital 40
(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). Content that has been notified and that is not manifestly illegal should remain accessible while the assessment of its legality by the competent authority is still pending. Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. Recipients of the service who provided the information to which the notice relates should be given the opportunity to reply before a decision is taken. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation.
2021/07/08
Committee: IMCO
Amendment 412 #

2020/0361(COD)

Proposal for a regulation
Article 2 b (new)
Article 2 b Targeting of digital advertising 1. Providers of information society services shall not collect or process personal data as defined by Regulation (EU) 2016/679 for the purpose of determining the recipients to whom advertisements are displayed. 2. This provision shall not prevent information society services from determining the recipients to whom advertisements are displayed on the basis of contextual information such as keywords, the language setting communicated by the device of the recipient or the geographical region of the recipients to whom an advertisement is displayed. 3. The use of the contextual information referred to in paragraph 2 shall only be permissible if it does not allow for the direct or, by means of combining it with other information, indirect identification of one or more natural persons, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person or persons.
2021/07/19
Committee: JURI
Amendment 413 #

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 only be awarded to entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent, accurate and objective manner. Such entities can be public in nature, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmentalnon- governmental organisations, consumer protection 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 onlinor discriminatory expressions online or to combatting digital violence or supporting victims of digital violence. For intellectual property rights, organisations of industry and of right-holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions and respect for exceptions and limitations to intellectual property rights. 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 427 #

2020/0361(COD)

Proposal for a regulation
Recital 48
(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a threat to the life or safety of person, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 . In such instances, the online platform should inform without delay the competent law enforcement authorities of such suspicion, providing all relevant information available to it, including where relevant the content in question and an explanation of its suspicion, while ensuring a high level of security of the information concerned in order to protect such information against accidental or unlawful destruction, accidental loss or alteration, or unauthorised or unlawful storage, processing, access or disclosure.. 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 430 #

2020/0361(COD)

Proposal for a regulation
Article 13 a (new)
Article 13 a Targeting of digital advertising 1. Providers of intermediary services shall not collect or process personal data as defined by Regulation (EU) 2016/679 for the purpose of showing digital advertising. 2. This provision shall not prevent intermediary services from displaying targeted digital advertising based on contextual information such as keywords, the language setting communicated by the device of the recipient or the digital location where the advertisement is displayed. 3. The use of the contextual information referred to in paragraph 2 shall only be permissible if it does not allow for the direct or, by means of combining it with other information, indirect identification of a natural person or a clearly identifiable group of recipients/persons, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2021/06/10
Committee: LIBE
Amendment 439 #

2020/0361(COD)

Proposal for a regulation
Recital 49 a (new)
(49a) In order to contribute to a transparent online environment for consumers that supports the green transition, online platforms that allow consumers to conclude distant contracts with traders should provide consumers in real time with clear and unambiguous information on the environmental impact of its products and services, such as the use of sustainable and efficient delivery methods, sustainable and ecological packaging, as well as the environmental costs of returning goods in the event of withdrawal.
2021/07/08
Committee: IMCO
Amendment 450 #

2020/0361(COD)

Proposal for a regulation
Recital 50 a (new)
(50a) In the light of effective enforcement of local rules to combat long-term rental housing shortages and to limit short-term holiday rentals, as was justified in the Cali Apartments case (cases C-724/18 and C-727/18), all natural or legal persons renting out short- term holiday rentals shall be subject to the obligations under Article 22 of this Regulation.
2021/07/08
Committee: IMCO
Amendment 453 #

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 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.deleted
2021/07/08
Committee: IMCO
Amendment 460 #

2020/0361(COD)

Proposal for a regulation
Recital 52 a (new)
(52a) A core part of an online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. This is done, for example, by algorithmically suggesting, ranking and prioritising information, distinguishing through text or other visual representations, or otherwise curating information provided by recipients. Such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. They also play an important role in the amplification of certain messages, the viral dissemination of information and the stimulation of online behaviour. Consequently, online platforms should ensure that recipients can understand how recommender system impact the way information is displayed, and can influence how information is presented to them. They should clearly present the parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. They should also ensure that the recipients enjoy alternative options for the main parameters. Options not based on profiling of the recipient should be available and used by default.
2021/07/08
Committee: IMCO
Amendment 475 #

2020/0361(COD)

Proposal for a regulation
Recital 57
(57) ThreFive categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the intended use and 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 and illegally traded animals. 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 technology design choices such as 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. A third category of risks concerns the intended use of, malfunctioning of, as well as the intentional and, oftentimes, coordinated manipulation of the platform’s service, with a foreseeable impact on health, civic discourse, electoral processes, public security and protection of minors or other vulnerable groups, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices, including undisclosed commercial communications published by recipients of the service that are not marketed, sold or arranged by the online platform. 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. A fourth category concerns negative societal effects of technology design, value chain and business-model choices in relation to systemic risks that represent threats to democracy. A fifth category concerns environmental risks such as high electricity and water consumption, heat production and CO2 emissions related to the provision of the service and technical infrastructure or to user behaviour modification with a direct environmental impact, such as directing users to choose less sustainable options when it comes to delivery or packaging.
2021/07/08
Committee: IMCO
Amendment 489 #

2020/0361(COD)

Proposal for a regulation
Recital 60
(60) Given the need to ensure verification by independent experts, very large online platforms should be accountable, through independent auditing, for their compliance with the obligations laid down by this Regulation and, where relevant, any complementary commitments undertaking pursuant to codes of conduct and crises protocols. They should give thevetted auditors access to all relevant data necessary to perform the audit properly. Auditors should also be able to make use of other sources of objective information, including studies by vetted researchers. Auditors should guarantee the confidentiality, security and integrity of the information, such as trade secrets, that they obtain when performing their tasks and have the necessary expertise in the area of risk management and technical competence to audit algorithms. AThis guarantee should not be a means to circumvent the applicability of audit obligations in this Regulation applicable to very large online platforms. Vetted auditors should be independent, so as to be able to perform their tasks in an adequate and trustworthy manner. If their independence is not beyond doubt, they should resign or abstain from the audit engagement.
2021/07/08
Committee: IMCO
Amendment 491 #

2020/0361(COD)

Proposal for a regulation
Recital 61
(61) The audit report should be substantiated, so as to give a meaningful account of the activities undertaken and the conclusions reached. It should help inform, and where appropriate suggest improvements to the measures taken by the very large online platform to comply with their obligations under this Regulation. The report should be transmitted to the Digital Services Coordinator of establishment and the BoardAgency without delay, together with the risk assessment and the mitigation measures, as well as the platform’s plans for addressing the audit’s recommendations. The report should include an audit opinion based on the conclusions drawn from the audit evidence obtained. A positive opinion should be given where all evidence shows that the very large online platform complies with the obligations laid down by this Regulation or, where applicable, any commitments it has undertaken pursuant to a code of conduct or crisis protocol, in particular by identifying, evaluating and mitigating the systemic risks posed by its system and services. A positive opinion should be accompanied by comments where the vetted auditor wishes to include remarks that do not have a substantial effect on the outcome of the audit. A negative opinion should be given where the vetted auditor considers that the very large online platform does not comply with this Regulation or the commitments undertaken.
2021/07/08
Committee: IMCO
Amendment 493 #

2020/0361(COD)

Proposal for a regulation
Recital 61 a (new)
(61a) In order to ensure a participative and inclusive approach and address societal concerns raised by the services of very large online platforms, it is necessary to set up a European Social Media Council at Union level. The transparency, inclusiveness and independence of the Council ensures that decisions on content moderation are shaped by a diverse range of expertise and perspectives. The Council should support the Agency and the Commission by issuing policy and implementation recommendations and help platforms improving and adjusting content moderation practices under terms and conditions. The Council should consist of independent experts, representatives of the recipients of the service, representatives of groups potentially impacted by their services, and civil society organisations. While not legally binding, the Councils’ recommendations will yield effective outcomes, incorporating a wider and more diverse range of inputs to societal challenges that very large online platforms may pose. Its strength and efficiency is based on voluntary compliance by platforms, whose commitment will be to respect and execute the Council’s recommendations in good faith. In order to function efficiently, the Council and its members should have sufficient human, material and financial resources at their disposal.
2021/07/08
Committee: IMCO
Amendment 494 #

2020/0361(COD)

Proposal for a regulation
Recital 62
(62) A core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. This is done, for example, by algorithmically suggesting, ranking and prioritising information, distinguishing through text or other visual representations, or otherwise curating information provided by recipients. Such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. They also play an important role in the amplification of certain messages, the viral dissemination of information and the stimulation of online behaviour. Consequently, very large online platforms should ensure that recipients are appropriately informed, and can influence the information presented to them. They should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. They should also ensure that the recipients enjoy alternative options for the main parameters, including options that are not based on profiling of the recipient.deleted
2021/07/08
Committee: IMCO
Amendment 498 #

2020/0361(COD)

Proposal for a regulation
Recital 62 a (new)
(62a) Recommender systems used by very large online platforms pose a particular risk in terms of consumer choice and lock-in effects. Consequently, in addition to the obligations applicable to all online platforms, very large online platforms should offer to the recipients of the service the choice of using recommender systems from third party providers, where available. Such third parties must be offered access to the same operating system, hardware or software features that are available or used in the provision by the platform of its own recommender systems, including through application programming interfaces.
2021/07/08
Committee: IMCO
Amendment 502 #

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 CommissionAgency 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, civil society and media organisations 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 CommissionAgency and the public. This Regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers, not-for-profit bodies, organisations or associations, or media organisations. All requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests of the platform and any other parties concerned, including tradhe srecrets and other confidential information, of the platform and any other parties concerned, including the recipients of the serviceipients of the service. To that end, the Commission should issue regulatory guidance to specify the modalities and safeguards for data access and sharing, and provide platforms with legal certainty while ensuring the independence of the research.
2021/07/08
Committee: IMCO
Amendment 517 #

2020/0361(COD)

Proposal for a regulation
Recital 67
(67) The Commission and the BoardAgency should encourage the drawing-up of codes of conduct to contribute to the application of this Regulation. While the implementation of codes of conduct should be measurable and subject to public oversight, this should not impair the voluntary nature of such codes and the freedom of interested parties to decide whether to participate. In certain circumstances, it is important that very large online platforms cooperate in the drawing-up and adhere to specific codes of conduct. Nothing in this Regulation prevents other service providers from adhering to the same standards of due diligence, adopting best practices and benefitting from the guidance provided by the Commission and the BoardAgency, by participating in the same codes of conduct.
2021/07/08
Committee: IMCO
Amendment 532 #

2020/0361(COD)

Proposal for a regulation
Recital 71 a (new)
(71a) In order to ensure that the systemic role of very large online platforms does not endanger the internal market by unfairly excluding innovative new entrants, including SMEs, entrepreneurs and start-ups, additional rules are needed to allow recipients of the service to switch or connect and interoperate between online platforms or internet ecosystems. Therefore, interoperability obligations should require very large online platforms to share appropriate tools, data, expertise, and resources. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of technical interfaces (Application Programming Interface), that allow recipients of service or other market participants to access the key functionalities of very large online platforms to exchange information.
2021/07/08
Committee: IMCO
Amendment 581 #

2020/0361(COD)

Proposal for a regulation
Article 13 a (new)
Article 13a Targeting of digital advertising 1. Providers of intermediary services shall not collect or process personal data as defined by Regulation (EU) 2016/679 for the purpose of displaying digital advertising to a specific recipient or group of recipients. 2. This provision shall not prevent intermediary services from displaying targeted digital advertising based on contextual information such as keywords, the language or the approximate geographical location of the recipient of the service to whom the advertisement is displayed. 3. The use of the contextual information referred to in paragraph 2 shall only be permissible if the advertisement is displayed in real time and it does not allow for the direct or, by means of combining it with other information, indirect identification of a natural person or group of persons, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person or group of persons.
2021/07/19
Committee: JURI
Amendment 603 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
(ba) rules on transparency, accountability and respect for fundamental rights as regards the design and implementation of voluntary, self- and co-regulatory measures;
2021/07/08
Committee: IMCO
Amendment 609 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) set out uniform rules for a safe, accessible, predictable and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.
2021/07/08
Committee: IMCO
Amendment 619 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
(ba) achieve a high level of consumer protection in the Digital Single Market.
2021/07/08
Committee: IMCO
Amendment 627 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 – point b
(b) Directive 20108/13/EC808;
2021/07/08
Committee: IMCO
Amendment 633 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 – point c
(c) Union lawDirective(EU) 2019/790 on copyright and related rights; in the Digital Single Market
2021/07/08
Committee: IMCO
Amendment 637 #

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 648 #

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, for professional ends or otherwise, uses the relevant intermediary service for seeking information or making it accessible;
2021/07/08
Committee: IMCO
Amendment 668 #

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 actingoffering goods or services, including through any person acting in his or her name or on his or her behalf, for purposes directly relating to his or her trade, business, craft or profession;
2021/07/08
Committee: IMCO
Amendment 684 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g
(g) ‘allegedly illegal content’ means any information,, which, in itself or by its reference to an activity, including the sale of products or provision of services is not isubject to allegations of non compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;
2021/07/08
Committee: IMCO
Amendment 691 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
(ga) ‘manifestly illegal content’ means any information which has been subject of a specific ruling by a court or administrative authority of a Member State or where it is evident to a layperson, without any substantive analysis, that the content is in not in compliance with Union law or the law of a Member State;
2021/07/08
Committee: IMCO
Amendment 712 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point i
(i) ‘dissemination to the public’ means making information availaccessible, at the request of the recipient of the service who provided the information, to a potentially unlimited number of third parties;
2021/07/08
Committee: IMCO
Amendment 715 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point k
(k) ‘online interface’ means any software, including a website or a part thereof, and applications, including mobile applications which enables recipients of the service to access and interact with the relevant intermediary service;
2021/07/08
Committee: IMCO
Amendment 721 #

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 to achieve commercial or non-commercial purposes, and displayed by an online platform on its online interface against remuneration specifically for promoting that information;
2021/07/08
Committee: IMCO
Amendment 722 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point o
(o) ‘recommender system’ means a fully or partially automated system used by an online platform to suggest, prioritise or rank in its online interface specific information to recipients of the service, including as a result of a search initiated by the recipient or otherwise determining the relative order or prominence of information displayed;
2021/07/08
Committee: IMCO
Amendment 726 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point p
(p) ‘content moderation’ means the (p) activities undertaken by providers of intermediary services aimed at detecting, identifying and addressing illegal content or information incompatible with their terms and conditions, provided by recipients of the service, including measures taken that affect the availability, visibility and accessibility of that illegal content or that information, such as demotion, disabling of access to, or removal thereof, or the recipients’ ability to provide that information, such as the termination or suspension of a recipient’s account, be it through automated means or human operators;
2021/07/08
Committee: IMCO
Amendment 737 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
(qa) ‘dark pattern’ means an online interface or apart thereof that via its structure, design or functionality subverts or impairs the autonomy, decision- making, preferences or choice of recipients of the service.
2021/07/08
Committee: IMCO
Amendment 746 #

2020/0361(COD)

Proposal for a regulation
Article 2 a (new)
Article 2a 1. Providers of information society services shall only deliver and display advertising that is based on contextual information such as keywords, language context, or the approximate geographical region of the recipient of the service to whom an advertisement is delivered or displayed. 2. The use of the contextual information referred to in paragraph 1 shall only be permissible if the advertisement is delivered in real time, that related data are not stored and that it does not involve the direct or, by means of combining it with other information, indirect identification of a natural person or group of persons, in particular by reference to an identifier such as a name, an identification number, precise location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person or group of persons. 3. Providers of information society services that deliver and display advertising on their online interfaces or on third-party services shall ensure that the recipients of the service can identify, for each specific advertisement displayed to each individual recipient, in a clear and unambiguous manner and in real time: (a) that the information displayed is an advertisement; (b) the natural or legal person on whose behalf the advertisement is displayed; (c) detailed information about the main parameters used to determine the recipient to whom the advertisement is delivered and displayed.
2021/07/08
Committee: IMCO
Amendment 769 #

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 traders, where such an online platform 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 783 #

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, or take the necessary measures to comply with the requirements of Union law, including those set out in this Regulation.deleted
2021/07/08
Committee: IMCO
Amendment 797 #

2020/0361(COD)

Proposal for a regulation
Article 7 – paragraph 1 a (new)
No provision of this Regulation shall prevent providers of intermediary services from offering end-to-end encrypted services, or make the provision of such services a cause for liability or loss of immunity.
2021/07/08
Committee: IMCO
Amendment 802 #

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 aone or more specific items of illegal content, issued by the relevant national judicial or administrative authoritieauthority, or against an offer of illegal goods or services issued by the relevant national administrative or judicial authorities, through trusted and secure communication channels, 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 808 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
1a. Individuals shall have the right to report allegedly illegal content or to mandate a body, organisation or association referred to in Article 68 to report such content to the competent authorities in their country of residence, which shall expeditiously make a ruling. Where the content is deemed illegal under the national law of the country of residence of the individual, or manifestly illegal under Union law, this shall be reported to the platform for immediate enforcement on the territory of the Member State issuing the order and to the competent authorities for assessment under national law.
2021/07/08
Committee: IMCO
Amendment 816 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 1
— a sufficiently detailed statement of reasons explaining why the information is illegal content, by reference to the specific provision of Union or national law infringed;
2021/07/08
Committee: IMCO
Amendment 820 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 2
one or more exact uniform resource locatorsa clear indication of the exact electronic location of that information, such as the exact URL or URLs where appropriate and, where necessary, additional information enabling the identification of the illegal content concerned;
2021/07/08
Committee: IMCO
Amendment 825 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 3
— information about redress mechanisms available to the provider of the service and to the recipient of the service who provided the content, including deadlines for appeal;
2021/07/08
Committee: IMCO
Amendment 827 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point b
(b) the territorial scope of the order, on the basis of the applicable rules of Union and national law, including the Charter, and, where relevant, general principles of international law, does not exceed what is strictly necessary to achieve its objective and does not lead to the removal of content that is legal in another Member State;
2021/07/08
Committee: IMCO
Amendment 831 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point b a (new)
(ba) the territorial scope of an order addressed to a provider that has its main establishment in another Member State is limited to the territory of the Member State issuing the order;
2021/07/08
Committee: IMCO
Amendment 832 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point b b (new)
(bb) the territorial scope of an order addressed to a provider or its representative that has its main establishment outside the Union, where Union law is infringed, is limited to the territory of the Union or, where national law is infringed, to the territory of the Member State issuing the order;
2021/07/08
Committee: IMCO
Amendment 853 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 4 a (new)
4a. Providers of intermediary services may refuse to execute an order referred to in paragraph 1 if it contains manifest errors or does not contain sufficient information as referred to in paragraph 2. Providers shall inform the competent authority without undue delay, asking for the necessary clarification. It may submit an appeal to the Digital Services Coordinator of establishment where it feels that the territorial scope of the order is disproportionate.
2021/07/08
Committee: IMCO
Amendment 855 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 4 b (new)
4b. Member States shall ensure that the judicial authorities may, at the request of an applicant whose personality rights are infringed by illegal content, issue against the relevant provider of hosting services an order in accordance with this Article to remove or disable access to this content, including by way of an interlocutory injunction.
2021/07/08
Committee: IMCO
Amendment 860 #

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, issued by the relevant national judicial orauthorities, or regarding offers of illegal goods or services issued by 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 via trusted and secure communications channels.
2021/07/08
Committee: IMCO
Amendment 869 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a – indent -1 (new)
— a clear indication of the exact electronic location, an account name or a unique identifier of the recipient on whom information is sought;
2021/07/08
Committee: IMCO
Amendment 874 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 2
— information about legal redress available to the provider and to the recipients of the service concerned including deadlines for appeal, and ensure that they can be exercised effectively;
2021/07/08
Committee: IMCO
Amendment 875 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 2 a (new)
— whether the provider may swiftly inform the recipient of the service concerned.
2021/07/08
Committee: IMCO
Amendment 883 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 a (new)
2a. The provider of the service shall inform the recipient of the service whose data is being sought without undue delay.
2021/07/08
Committee: IMCO
Amendment 889 #

2020/0361(COD)

Proposal for a regulation
Article 9 a (new)
Article 9a Effective remedies for consumers 1. Recipients of the service whose content was removed according to Article 8 or whose information was sought according to Article 9 shall have the right to effective remedies against such orders, without prejudice to remedies available under Directive (EU) 2016/680 and Regulation(EU) 2016/679. 2. Such right to an effective remedy shall be exercised before a court in the issuing Member State in accordance with national law and shall include the possibility to challenge the legality of the measure, including its necessity and proportionality. 3. Digital Services Coordinators shall publish a ‘toolbox’ of complaint and redress mechanisms applicable in their respective territory, in at least one of the official languages of the Member State where they operate.
2021/07/08
Committee: IMCO
Amendment 890 #

2020/0361(COD)

Proposal for a regulation
Article 9 b (new)
Article 9b Where the issuing authority is subject to a procedure under Article 7(1) or 7(2) of the Treaty on European Union, the provider of intermediary services shall act upon the order or transmit the requested data only after receiving the explicit written approval of the Digital Services Coordinator of establishment.
2021/07/08
Committee: IMCO
Amendment 895 #

2020/0361(COD)

Proposal for a regulation
Article 9 a (new)
Article 9a Exclusion for micro enterprises and not- for-profit services This Chapter shall not apply to online platforms that qualify as micro enterprises within the meaning of the Annex to Recommendation 2003/361/EC or as a not-for-profit service with fewer than 100,000 monthly active users.
2021/07/08
Committee: IMCO
Amendment 900 #

2020/0361(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
1a. Providers of intermediary services shall ensure that recipients of the service, including affected non-users, can communicate with them in a direct, accessible and timely manner and, as necessary, request non-automated responses.
2021/07/08
Committee: IMCO
Amendment 929 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions or modifications that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear, user- friendly and unambiguous language and shall be publicly available in an easily accessible formatand machine-readable format in the languages in which the service is offered.
2021/07/08
Committee: IMCO
Amendment 936 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 1 a (new)
1a. Providers of intermediary services shall publish summary versions of their terms and conditions in clear, user- friendly and unambiguous language, and in an easily accessible and machine- readable format. Such a summary shall include information on remedies and redress mechanisms pursuant to Articles 17 and 18, where available.
2021/07/08
Committee: IMCO
Amendment 938 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. Providers of intermediary services shall act in a diligent, objectivecoherent, predictable, non- discriminatory, transparent, diligent, non- arbitrary and proportionate manner in applying and enforcing the restrictions and modifications referred to in paragraph 1, with due rin compliance with procedural safeguard tos and in full respect of 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 relevant national law.
2021/07/08
Committee: IMCO
Amendment 955 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2a. Any restriction referred to in paragraph 1 must respect the fundamental rights enshrined in the Charter and relevant national law.
2021/07/08
Committee: IMCO
Amendment 957 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 b (new)
2b. Individuals who are enforcing restrictions on the basis of terms and conditions of providers of intermediary services shall be given adequate initial and ongoing training on the applicable laws and international human rights standards, as well as on the action to be taken in case of conflict with the terms and conditions. Such individuals shall be provided with appropriate working conditions, including professional support, qualified psychological assistance and qualified legal advice, where relevant.
2021/07/08
Committee: IMCO
Amendment 960 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 c (new)
2c. Providers of intermediary services shall notify the recipients of the service of any change to the contract terms and conditions that can affect their rights and provide a user-friendly explanation thereof. The changes shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged changes and to their consequences for the recipients of the service. That notice period shall be at least 15 days from the date on which the provider of intermediary services notifies the recipients about the changes. Failure to consent to such changes should not lead to basic services becoming unavailable.
2021/07/08
Committee: IMCO
Amendment 978 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. Providers of intermediary services shall publish in a standardised and machine-readable format, at least once a year, clear, easily comprehensible and detailed reports on any content moderation they engaged in during the relevant period. Those reports shall include, in particular, information on the following, as applicable:
2021/07/08
Committee: IMCO
Amendment 987 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point c
(c) the content moderation engaged in at the providers’ own initiative, including the number and type of measures taken that affect the availability, visibility and accessibility of information provided by the recipients of the service and the recipients’ ability to provide information, including removals, suspensions, demotions or the imposition of other sanctions, categorised by the type of reason and basis for taking those measures;, as well as measures taken to provide training and assistance to members of staff who are engaged in content moderation.
2021/07/08
Committee: IMCO
Amendment 990 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point d
(d) the number of complaints received through the internal complaint-handling system referred to in Article 17, the basis for those complaints, decisions taken in respect of those complaints, the average time needed for taking those decisions and the number of instances where those decisions were reversed.deleted
2021/07/08
Committee: IMCO
Amendment 1001 #

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.deleted
2021/07/08
Committee: IMCO
Amendment 1014 #

2020/0361(COD)

Proposal for a regulation
Article 13 a (new)
Article 13a Online interface design 1. The use of dark patterns by providers of intermediary services when presenting options to or interacting with recipients of the service through their online interfaces is prohibited. 2. A choice or decision made by the recipient of the service using online interfaces that do not comply with the requirements of paragraph 1 shall not constitute consent. 3. The Agency shall publish official guidelines including a list of specific design patterns that qualify as subverting or impairing the autonomy, decision making, or choice of the recipients of the service. The Agency shall keep this list updated in the light of technological developments and, in the case of very large online platforms, assessments related to systemic risks identified in accordance with Article 27(2).
2021/07/08
Committee: IMCO
Amendment 1024 #

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 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. These mechanisms shall be close to the content in question and located on the same level in the online interface as, and clearly distinguishable from, where applicable, mechanisms for notification of alleged violations of terms and conditions. The Commission shall adopt delegated acts in accordance with Article 69 to lay down specific requirements regarding the mechanisms referred to in paragraph 1.
2021/07/08
Committee: IMCO
Amendment 1034 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 2 – introductory part
2. The mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices, on the basis of which a diligent economic operator canmay, in some cases, identify the illegality of the content in question. To that end, the providers shall take the necessary measures to enable and facilitate the submission of valid notices containing all of the following elements:
2021/07/08
Committee: IMCO
Amendment 1041 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 2 – point a a (new)
(aa) evidence that substantiates the claim, where possible;
2021/07/08
Committee: IMCO
Amendment 1045 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 2 – point b
(b) a clear indication of the exact electronic location of that information, in particular the exact URL or URLssuch as the URL or URLs or other identifiers where appropriate, and, where necessary, additional information enabling the identification of the alleged illegal content;
2021/07/08
Committee: IMCO
Amendment 1051 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 2 – point c
(c) the name and an electronic mail address of the individual or entity submitting the notice, except in the case of information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU;deleted
2021/07/08
Committee: IMCO
Amendment 1054 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. Notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of Article 5 in respect of the specific item of information concerned.deleted
2021/07/08
Committee: IMCO
Amendment 1065 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. WThere the notice contains the name and an electronic mail address of the individual or entity that submitted it, individual or entity that submitted the notice shall be given the option to provide an electronic mail address to enable the provider of hosting services shallto promptly send a confirmation of receipt of the notice to that individual or entity.
2021/07/08
Committee: IMCO
Amendment 1066 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 4 a (new)
4a. Where individuals decide to include their contact details in a notice, their anonymity towards the recipient of the service who provided the content shall be ensured, except in cases of alleged violations of personality rights or of intellectual property rights.
2021/07/08
Committee: IMCO
Amendment 1068 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. The provider shall also, without undue delay, notify that individual or entity of its decisaction in respect of the information to which the notice relates, providing information on the redress possibilities in respect of that decision.
2021/07/08
Committee: IMCO
Amendment 1069 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 5 a (new)
5a. The provider of intermediary services shall also notify the recipient of the service who provided the information, where contact details are available, giving them the opportunity to reply before taking a decision, unless this would obstruct the prevention and prosecution of serious criminal offences.
2021/07/08
Committee: IMCO
Amendment 1077 #

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 and objectiveact in a timely, diligent, non- discriminatory and non-arbitrary manner. Where they use automated means for that pre-processing notices or decision-making, they shall include information on such use in the notification referred to in paragraph 4.
2021/07/08
Committee: IMCO
Amendment 1085 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 a (new)
6a. Upon receipt of a valid notice, providers of hosting services shall act expeditiously to disable access to content which is manifestly illegal.
2021/07/08
Committee: IMCO
Amendment 1086 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 b (new)
6b. Information that has been the subject of a notice and that is not manifestly illegal shall remain accessible while the assessment of its legality is still pending. Member States shall ensure that providers of intermediary services are not held liable for failure to remove notified information, while the assessment of legality is still pending.
2021/07/08
Committee: IMCO
Amendment 1090 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 c (new)
6c. A decision taken pursuant to a notice submitted in accordance with Article 14(1) shall protect the rights and legitimate interests of all affected parties, in particular their fundamental rights as enshrined in the Charter, irrespective of the Member State in which those parties are established or reside and of the field of law at issue.
2021/07/08
Committee: IMCO
Amendment 1091 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 d (new)
6d. The provider of hosting services shall ensure that processing of notices is undertaken by qualified individuals to whom adequate initial and ongoing training on the applicable legislation and international human rights standards as well as appropriate working conditions are to be provided, including, where relevant professional support, qualified psychological assistance and legal advice.
2021/07/08
Committee: IMCO
Amendment 1092 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or to disable access to, or to demote or otherwise impose sanctions against specific items of information provided by the recipients of the service, irrespective of the means used for detecting, identifying or removing or disabling access to that information and of the reason for its decision, it shall promptly inform the recipient, at the latest at the time of the removal or disabling of access, of the decision and provide a clear and specific statement of reasons for that decision. of the action, provide a clear and specific statement of reasons for that action, and include information on the possibility to issue a counter- notice, to make use of the internal complaint-handling system set out in Article 17 and to appeal a decision with the competent authority. This obligation shall not apply and statements of reasons may be withheld where: (a) it is necessary for the investigation, or prosecution, of violations of law or public policy, including for ongoing criminal investigations, to justify avoiding or postponing notice to the recipient; or (b) the content removed were components of high-volume, commercial campaigns to deceive users or manipulate content moderation efforts.
2021/07/08
Committee: IMCO
Amendment 1101 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a
(a) whether the decisaction entails either the removal of, demotion or other sanction against, or the disabling of access to, the information and, where relevant, the territorial scope of the disabling of accessaction, including, where a decision was taken pursuant to Article 14, an explanation about why the disabling of access did not exceed what was strictly necessary to achieve its objective;
2021/07/08
Committee: IMCO
Amendment 1107 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point b
(b) the facts and circumstances relied on in taking the decisaction, including where relevant whether the decisaction was taken pursuant to a notice of manifestly illegal content submitted in accordance with Article 14 or to an order in accordance with Article 8;
2021/07/08
Committee: IMCO
Amendment 1109 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point c
(c) where applicable, information on the use made of automated means in taking the decision, including whereinforming the decision was taken in respect of content detected or identified using automated means;
2021/07/08
Committee: IMCO
Amendment 1112 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point d
(d) where the decision concerns allegedmanifestly illegal content, a reference to the legal ground relied on and explanations as to why the information is considered to be illegal content on that ground;
2021/07/08
Committee: IMCO
Amendment 1116 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point f
(f) clear, user-friendly information on the redress possibilities available to the recipient of the service in respect of the decision, in particular through internal complaint- handling mechanisms, out-of- court dispute settlement and judicial redress.
2021/07/08
Committee: IMCO
Amendment 1118 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. Providers of hosting services shall publish the decisions and the statements of reasons, referred to in paragraph 1 in a publicly accessible, machine-readable database managed and published by the Commission. That information shall not contain personal data.
2021/07/08
Committee: IMCO
Amendment 1135 #

2020/0361(COD)

Proposal for a regulation
Article 16
Exclusion for micro and small enterprises 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.Article 16 deleted
2021/07/08
Committee: IMCO
Amendment 1153 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) decisions to remove or, demote, disable access to or impose other sanctions against the information;
2021/07/08
Committee: IMCO
Amendment 1175 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. Online platforms shall ensure that their internal complaint-handling systems are easy to access, user-friendlincluding for persons with disabilities, user-friendly, non- discriminatory and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints. Online platforms shall set out the rules of procedure of their internal complaint handling system in their terms and conditions in a clear, user-friendly and easily accessible manner, including for persons with disabilities.
2021/07/08
Committee: IMCO
Amendment 1180 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. Online platforms shall handle complaints submitted through their internal complaint-handling system in a timely, diligent and objective manner, non-discriminatory and non- arbitrary manner and within seven days starting on the date on which the online platform received the complaint. Where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions, or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account, it shall reverse its decision referred to in paragraph 1, without undue delay.
2021/07/08
Committee: IMCO
Amendment 1191 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. Online platforms shall ensure that the decisions, referred to in paragraph 4, are not solely taken on the basis of automated means and are reviewed by qualified staff to whom adequate initial and ongoing training on the applicable legislation and international human rights standards and to whom appropriate working conditions are provided, including, where relevant, professional support, qualified psychological assistance and legal advice.
2021/07/08
Committee: IMCO
Amendment 1199 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Recipients of the service addressed by the decisions referred to innd organisations mandated under Article 17(1)68, shall be entitled to select any out-of-court dispute settlement body that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article 17. 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. Online platforms shall not be liable for implementing decisions of a dispute settlement procedure. The first subparagraph is without prejudice to the right of the recipient concerned to seek redress against the decision before a court in accordance with the applicable law.
2021/07/08
Committee: IMCO
Amendment 1210 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – introductory part
2. The Digital Services Coordinator of the Member State where the independent out-of-court dispute settlement body is established shall, at the request of that body, certify the body for a maximum of three years, which can be renewed, where the body has demonstrated that it meets all of the following conditions:
2021/07/08
Committee: IMCO
Amendment 1214 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point a
(a) it is impartial and independent of online platforms and recipients of the service provided by the online platforms and its members are remunerated in a way that is not linked to the outcome of the procedure;
2021/07/08
Committee: IMCO
Amendment 1216 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point a a (new)
(aa) it is composed of legal experts;
2021/07/08
Committee: IMCO
Amendment 1218 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) the natural persons with responsibility for dispute settlement are granted a period of office of a minimum of three years to ensure the independence of their actions;
2021/07/08
Committee: IMCO
Amendment 1219 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point b b (new)
(bb) the natural persons with responsibility for dispute settlement commit not to work for the online platform or a professional organisation or business association of which the online platform is a member for a period of three years after their position in the body has ended;
2021/07/08
Committee: IMCO
Amendment 1220 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point b c (new)
(bc) natural persons with responsibility for dispute resolution may not have worked for an online platform or a professional organisation or business association of which the online platform is a member for a period of two years before taking up their position in the body;
2021/07/08
Committee: IMCO
Amendment 1227 #

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 1228 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) the anonymity of the individuals involved in the settlement procedure can be guaranteed;
2021/07/08
Committee: IMCO
Amendment 1231 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point d
(d) it is capable ofensures the settling of disputes in a swift, efficient and cost-effective manner and in at least one official language of the Union, or at the request of the recipient at least in English;
2021/07/08
Committee: IMCO
Amendment 1237 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point e
(e) the dispute settlement takes place in accordance with clear and fair rules of procedure which are easily and publicly accessible.
2021/07/08
Committee: IMCO
Amendment 1239 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point e a (new)
(ea) it ensures that a preliminary decision is taken within a period of seven days following the reception of the complaint and that the outcome of the dispute settlement is made available within a period of 90 calendar days from the date on which the body has received the complete complaint file.
2021/07/08
Committee: IMCO
Amendment 1247 #

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 or organisations mandated under Article 68, the online platform shall reimburse the recipient or organisation 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, the recipient or organisation 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 1252 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 6 a (new)
6a. By 31 December 2024, and every two years thereafter, Digital Services Coordinators shall assess whether the dispute settlement bodies that they have been certified in accordance with paragraph 2 comply with the requirements of this Regulation. Each Digital Services Coordinator shall publish and send to the Agency a report on the development and functioning of those bodies. That report shall in particular: (a) identify best practices of the out- of-court dispute settlement bodies; (b) report on any demonstrable shortcomings, supported by statistics, that hinder the functioning of the out-of-court dispute settlement bodies for both domestic and cross-border disputes, where appropriate; (c) make recommendations on how to improve the effective and efficient functioning of the out-of-court dispute settlement bodies, where appropriate.
2021/07/08
Committee: IMCO
Amendment 1260 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. Online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers, acting within their designated area of expertise, through the mechanisms referred to in Article 14, are processed and decided upon with priority and without delayexpeditiously, taking into account due process. The use of automated notices by trusted flaggers without effective human review shall not be accepted as a valid means of submission.
2021/07/08
Committee: IMCO
Amendment 1267 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – introductory part
2. The status of trusted flaggers under this Regulation shall be awarded, upon application by any entitiesy, by the Digital Services Coordinator of the Member State in which the applicant is established, where the applicant has demonstrated to meet all of the following conditions:
2021/07/08
Committee: IMCO
Amendment 1271 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point a
(a) it has particular expertise and competence for the purposes of detecting, identifying and notifying allegedly illegal content;
2021/07/08
Committee: IMCO
Amendment 1275 #

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 governmental entity;
2021/07/08
Committee: IMCO
Amendment 1280 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point c
(c) it carries out its activities for the purposes of submitting notices in a timely, diligent, accurate and objective manner.
2021/07/08
Committee: IMCO
Amendment 1282 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point c a (new)
(ca) it publishes, at least once a year, clear, easily comprehensible and detailed reports on all notices submitted in accordance with Article 14 during the relevant period. The report shall list: - notices categorised by the identity of the provider of hosting services; - the type of content notified; - the specific legal provisions allegedly breached by the content notified; - the action taken by the provider; - any potential conflicts of interest and sources of funding, and an explanation of the procedures in place to ensure the trusted flagger maintains its independence.
2021/07/08
Committee: IMCO
Amendment 1295 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 3
3. Digital Services Coordinators shall communicate to the Commissaward the trusted flagger status for periods of three years, upon which the status may be renewed where the trusted flagger concerned continues to meet the requirements of this Regulation, and the Boardshall communicate to the Agency the names, addresses and electronic mail addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2.
2021/07/08
Committee: IMCO
Amendment 1299 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 4
4. The Commission shall publish the information referred to in paragraph 3s3 and 6 in a publicly available database in an easily accessible and machine-readable format and keep the database updated.
2021/07/08
Committee: IMCO
Amendment 1304 #

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 not insignificant number of insufficiently precise, inaccurate 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.
2021/07/08
Committee: IMCO
Amendment 1310 #

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 1315 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 7
7. The Commission, after consulting the Board,Agency may issue guidance to assist online platforms and Digital Services Coordinators in the application of paragraphs 5 and 6.
2021/07/08
Committee: IMCO
Amendment 1318 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content. Any prior warning shall provide the recipient of the service with a reasonable amount of time to provide a justification to the online platform to consider that the information to which the suspension relates is not manifestly illegal. Such justifications shall be subject to human review.
2021/07/08
Committee: IMCO
Amendment 1328 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the notice and action mechanisms and, internal complaints- handling systems and out-of-court dispute settlement bodies referred to in Articles 14, 17 and 178, respectively, by individuals or entities or by complainants that frequentpeatedly submit notices or complaints or initiate dispute settlements that are manifestly unfounded.
2021/07/08
Committee: IMCO
Amendment 1337 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point c
(c) the gravity of the misuses and its consequences, in particular on the exercise of fundamental rights, regardless of the absolute numbers or relative proportion;
2021/07/08
Committee: IMCO
Amendment 1342 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point d a (new)
(da) the fact that notices and complaints were submitted following the use of an automated content recognition system;
2021/07/08
Committee: IMCO
Amendment 1343 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point d b (new)
(db) any justification provided by the recipient of the service to provide sufficient grounds to consider that the information is not manifestly illegal.
2021/07/08
Committee: IMCO
Amendment 1347 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. Online platforms shall set out, in a clear and detailed manner with due regard to their obligations under Article 12(2) in particular as regards the applicable fundamental rights of the recipients of the service as enshrined in the Charter, their policy in respect of the misuse referred to in paragraphs 1 and 2 in their terms and conditions, including as regards the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension.
2021/07/08
Committee: IMCO
Amendment 1370 #

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, it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtained, and has made best efforts to verify the completeness and reliability of, the following information:
2021/07/08
Committee: IMCO
Amendment 1410 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, make reasonable efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources.
2021/07/08
Committee: IMCO
Amendment 1421 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 2
Where the trader fails to correct or complete that information swiftly, the online platform shall suspend the provision of its service to the trader until the request is complied with.
2021/07/08
Committee: IMCO
Amendment 1445 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 6
6. The online platform shall make the information referred to in points (a), (d), (e) and (f) of paragraph 1 available to the recipients of the servicpublicly available, in a clear, easily accessible and comprehensible manner.
2021/07/08
Committee: IMCO
Amendment 1453 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 7 a (new)
7a. Online platforms facilitating short- term holiday rentals must obtain registration numbers, licencing numbers or an equivalent if such a number is required for the offering of short-term holiday rentals by EU, national or local law and must publish this number in the offer.
2021/07/08
Committee: IMCO
Amendment 1464 #

2020/0361(COD)

Proposal for a regulation
Article 22 a (new)
Article 22a Transparency for sustainable consumption Where an online platform allows consumers to conclude distance contracts with traders, it shall ensure that it provides consumers in a clear and unambiguous manner and in real time with information on the environmental impact of its products and services, such as the use of sustainable and efficient delivery methods, sustainable and ecological packaging, as well as the environmental costs of returning goods in the event of withdrawal.
2021/07/08
Committee: IMCO
Amendment 1467 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)
(aa) the number of complaints received through the internal complaint-handling system referred to in Article 17, the basis for those complaints, decisions taken in respect of those complaints, the average time needed for taking those decisions and the number of instances where those decisions were reversed;
2021/07/08
Committee: IMCO
Amendment 1468 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point a b (new)
(ab) a list of all trusted flaggers and their area of expertise;
2021/07/08
Committee: IMCO
Amendment 1471 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point c
(c) any use made of automatic means for the purpose of content moderation, including a specification of the precise purposes, indicators of the accuracy of the automated means in fulfilling those purposes and any safeguards applied, including human review.
2021/07/08
Committee: IMCO
Amendment 1484 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1
Online platforms that display advertising on their online interfaces shall ensure that the recipients of the service can identify, for each specific advertisement displayed to each individual recipient, in a clear and unambiguous manner and in real time: (a) an advertisement; (b) whose behalf the advertisement is displayed; (c) meaningful information about the main parameters used to determine the recipient to whom the advertisement is displayed.deleted that the information displayed is the natural or legal person on
2021/07/08
Committee: IMCO
Amendment 1518 #

2020/0361(COD)

Proposal for a regulation
Article 24 a (new)
Article 24a Recommender systems 1. Online platforms that use recommender systems or any other system used to select and determine the order of presentation of content shall set out in their terms and conditions, in a clear, accessible and easily comprehensible format, the parameters used in their recommender systems, as well as the options provided to the recipients of the service to select or modify those parameters. 2. The parameters referred to in paragraph 1 shall include at least the following information: (a) the criteria and logic used by the recommender systems, including input data and performance metrics; (b) how these criteria are weighted against each other; (c) the optimisation goal of the recommender systems; (d) an explanation of how the behaviour of the recipients of the service may impact the functioning and outputs of the recommender systems. 3. Online platforms shall provide options for the recipients of the service to access their profile to select and modify the parameters of the relevant recommender system, including at least one option which is not based on profiling within the meaning of Article 4 (4) of Regulation (EU) 2016/679 and which is activated by default.
2021/07/08
Committee: IMCO
Amendment 1521 #

2020/0361(COD)

Proposal for a regulation
Article 24 b (new)
Article 24b Additional obligations for platforms primarily used for the dissemination of user-generated pornographic content Where an online platform is primarily used for the dissemination of user generated pornographic content, the platform shall take the necessary technical and organisational measures to ensure (a) that users who disseminate content have verified themselves through a double opt-in e-mail and cell phone registration; (b) professional human content moderation in line with Article 14 paragraph 6 d (new) and trained to identify image-based sexual abuse, where content having a high probability of being illegal; (c) the accessibility of a qualified notification procedure in the form that additionally to the mechanism referred to in Article14 and respecting the same principles with the exception of paragraph 5 a(new), individuals may notify the platform with the claim that image material depicting them or purporting to be depicting them is being disseminated without their consent and supply the platform with prima facie evidence of their physical identity; content notified through this procedure is to be considered manifestly illegal in terms of Article 14 paragraph 6 a (new) and to be suspended without undue delay and at latest within 48 hours.
2021/07/08
Committee: IMCO
Amendment 1543 #

2020/0361(COD)

Proposal for a regulation
Article 25 a (new)
Article 25a Legal representatives of very large online platforms Very large online platforms shall establish one point of contact in each Member State and ensure that it is accessible for recipients of the service in at least one of the official languages of that Member State.
2021/07/08
Committee: IMCO
Amendment 1549 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – introductory part
1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), at least once a year thereafter, any significant systemic risks stemming from the design, functioning and use made of their services in the Union. This risk assessment shall be specific to their services and activities, including technology design, value chain and business-model choices, and shall include the following systemic risks:
2021/07/08
Committee: IMCO
Amendment 1572 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point b
(b) any negative effects forforeseeable impact on the exercise of the fundamental rights, in particular the 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 respectivelythe Charter;
2021/07/08
Committee: IMCO
Amendment 1574 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point c
(c) the intended use, any malfunctioning or intentional manipulation of their service, including by means of inauthentic usecommercial communications published on the platform that are not marketed, sold or arranged by the platform or automated exploitation of the service, in particular with an actual or foreseeable negative effeimpact on the protection of public health, minors and other categories of vulnerable groups of recipients of the service, civic discourse, or actual or foreseeable effeimpacts related to electoral processes and public security.;
2021/07/08
Committee: IMCO
Amendment 1581 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point c a (new)
(ca) any foreseeable negative societal effect of technology design or business- model choices in relation to systemic risks that represent threats to democracy;
2021/07/08
Committee: IMCO
Amendment 1582 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point c b (new)
(cb) any environmental impact such as electricity and water consumption, heat production and CO2 emissions related to the provision of the service and technical infrastructure or to consumer behaviour modification with a direct environmental impact.
2021/07/08
Committee: IMCO
Amendment 1585 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall take into account, in particular, how their content moderation systems, recommender systems and systems for selecting, targeting and displaying advertisement as well as the underlying data collection, processing and profiling influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of informationcontent that is incompatible with their terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1595 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 2 a (new)
2a. The outcome of the risk assessment and supporting documents shall be communicated to the Agency and the Digital Services Coordinator of establishment. A summary version of the risk assessment shall be made publicly available in an easily accessible format.
2021/07/08
Committee: IMCO
Amendment 1597 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 2 b (new)
2b. Organisations mandated under Article 68 shall have the right to obtain access to the outcome and supporting documents of a risk assessment and to lodge a complaint against its accuracy or completeness with the Digital Services Coordinator of establishment.
2021/07/08
Committee: IMCO
Amendment 1605 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – introductory part
1. Very large online platforms shall put in place reasonabletransparent, proportionate and effective mitigation measures, tailored to o eliminate, prevent and mitigate the specific systemic risks identified pursuant to Article 26. Such measures mayshall include, where applicable:
2021/07/08
Committee: IMCO
Amendment 1608 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point a
(a) adapting content moderation or recommender systems, their decision- making processes, the design, features or functioning of their services, their advertising model or their terms and conditions;
2021/07/08
Committee: IMCO
Amendment 1615 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point b
(b) targeted measures aimed at limiting the display and targeting of advertisements in association with the service they provide;
2021/07/08
Committee: IMCO
Amendment 1616 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point c
(c) reinforcing the internal processes, testing, documentation or supervision of any of their activities in particular as regards detection of systemic risk;
2021/07/08
Committee: IMCO
Amendment 1622 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point e a (new)
(ea) targeted measures aimed at reducing electricity and water consumption, heat production and CO2 emissions related to the provision of the service and technical infrastructure.
2021/07/08
Committee: IMCO
Amendment 1624 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 a (new)
1a. Any measure adopted shall 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 1632 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 2 – introductory part
2. The Board, in cooperation with the Commission,Agency shall publish comprehensive reports, once a year, which shall include the following:
2021/07/08
Committee: IMCO
Amendment 1634 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 2 – point a
(a) identification and assessment of the most prominent and recurrent systemic risks reported by very large online platforms or identified through other information sources, in particular those provided in compliance with Articles 30, 31 and 33;
2021/07/08
Committee: IMCO
Amendment 1643 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 3
3. The Commission, in cooperation with the Digital Services Coordinators,Agency may issue general guidelines on the application of paragraph 1 in relation to specific risks, in particular to present best practices and recommend possible measures, having due regard to the possible consequences of the measures on fundamental rights enshrined in the Charter of all parties involved. When preparing those guidelines the CommissionAgency shall organise public consultations.
2021/07/08
Committee: IMCO
Amendment 1651 #

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, and additionally where requested by the Agency, to independento audits to assess compliance with the following:
2021/07/08
Committee: IMCO
Amendment 1656 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point a
(a) the obligations set out in Chapter III; . Audits shall at least be performed on: (i) the clarity, coherence and predictable enforcement of terms of service with particular regard to the applicable fundamental rights as enshrined in the Charter; (ii) the completeness, methodology and consistency of the transparency reporting obligations as set out in Articles 13, 13a, 23, and 30 as well as respect for industry standards on transparency reporting; (iii) accuracy, predictability and clarity of the provider's follow-up for recipients of the service and notice providers to notices of manifestly illegal content and terms of service violations and the accuracy of classification (illegal or terms and conditions violation) of removed information; (iv) internal and third-party complaint handling mechanisms; (v) interaction with trusted flaggers and independent assessment of accuracy, response times, efficiency and whether there are indications of abuse; (vi) diligence with regard to verification of the traceability of traders; (vii) the adequateness and correctness of the risk assessment as set out in Article 26; (viii) the adequateness and effectiveness of the measures taken according to Article 27 to address the risks identified in the risk assessments as set out in Article 26; (ix) the effectiveness of and compliance with codes of conduct. Audits on the subjects mentioned in points (i) to (vii) may be combined where the organisation performing the audits has subject-specific expertise on the subject matters at hand.
2021/07/08
Committee: IMCO
Amendment 1666 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 2 – point a
(a) are legally and financially independent from the very large online platform concerned;
2021/07/08
Committee: IMCO
Amendment 1667 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 2 – point b
(b) have proven expertise in the area of risk management, technical competence and capabilities;deleted
2021/07/08
Committee: IMCO
Amendment 1669 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 2 – point c
(c) have proven objectivitybeen recognised and vetted by the Agency on the basis of their proven objectivity, subject-specific expertise and professional ethics, based in particular on adherence to codes of practice or appropriate standards.
2021/07/08
Committee: IMCO
Amendment 1671 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 2 – point c a (new)
(ca) natural persons performing the audits commit not to work for the very large online platform audited or a professional organisation or business association of which the platform is a member for a period of three years after their position in the auditing organisation has ended.
2021/07/08
Committee: IMCO
Amendment 1673 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – introductory part
3. The organisations that perform the audits shall establish an audit report for each audit subject as referred to in point (a) of paragraph 1. The report shall be in writing and include at least the following:
2021/07/08
Committee: IMCO
Amendment 1674 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point b a (new)
(ba) a declaration of interests;
2021/07/08
Committee: IMCO
Amendment 1675 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point d
(d) a description of the main findings drawn from the audit and a summary of the main findings;
2021/07/08
Committee: IMCO
Amendment 1682 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 4
4. Very large online platforms receiving an audit report that is not positive shall take due account of any operational recommendations addressed to them with a view to take the necessary measures to implement them. They shall, within one month from receiving those recommendations, adopt an audit implementation report setting out those measures. Where they do not implement the operational recommendations, they shall justify in the audit implementation report the reasons for not doing so and set out any alternative measures they may have taken to address any instances of non- compliance identified.
2021/07/08
Committee: IMCO
Amendment 1686 #

2020/0361(COD)

Proposal for a regulation
Article 28 a (new)
Article 28a European Social Media Council 1. An independent advisory group named ‘European Social Media Council’ (the ‘Council) is established with a view to: (a) issuing non-binding guiding principles and recommendations to improve content moderation processes; (b) fostering a participative and transparent public debate around content moderation processes; and (c) issuing policy and enforcement recommendations to the Commission and the Agency, and requesting audits from the Agency, where necessary. 2. Very large online platforms shall commit to take the necessary technical and organisational measures to ensure that any operational recommendations addressed to them by the Council are implemented. To this end, they shall engage with the Council in good faith. 3. The status of member of the Social Media Council shall be awarded by the Commission, where the applicant has demonstrated to meet all of the following conditions: (a) it represents recipients of the service, or groups potentially impacted by services; (b) it has particular expertise and competence in the field of international human rights law, content moderation, algorithmic systems, media, consumer protection, disinformation, hateful speech, in areas of the risk assessments as referred to in Article 26, or other areas identified by audit reports; (c) in case of natural persons, it is independent from any online platform and from commercial interest; (d) in case of legal persons, it operates on a not-for-profit basis, is independent from commercial interest and has been properly constituted in accordance with the law of a Member State. 4. The Commission shall revoke the membership status if it determines, following an investigation either on its own initiative or on the basis information received by third parties that the member no longer meets the conditions set out in paragraph 3. Before revoking that status, the Commission shall afford the natural or legal person an opportunity to react to the findings of its investigation and its intention to revoke the status as a member of the Council. 5. The European Social Media Council shall publish in a standardised and machine-readable format, at least once a year, clear, easily comprehensible and detailed reports on its activities during the relevant period. 5. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Agency, to lay down a specific set of procedures for the functioning and financing of the Council.
2021/07/08
Committee: IMCO
Amendment 1688 #

2020/0361(COD)

Proposal for a regulation
Article 29 – title
Recommender systems of very large online platforms
2021/07/08
Committee: IMCO
Amendment 1689 #

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, in a clear, accessible and easily comprehensible manner, the main parameters used in 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.deleted
2021/07/08
Committee: IMCO
Amendment 1703 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 2 a (new)
2a. In addition to the obligations applicable to all online platforms, very large online platforms shall offer to the recipients of the service the choice of using recommender systems from third party providers, where available. Such third parties must be offered access to the same operating system, hardware or software features that are available or used in the provision by the platform of its own recommender systems.
2021/07/08
Committee: IMCO
Amendment 1705 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 2 b (new)
2b. Very large online platforms may only limit access to third-party recommender systems temporarily and in exceptional circumstances, when justified by an obligation under Article 18 of Directive (EU) 2020/0359 and Article 32(1)(c) of Regulation (EU) 2016/679. Such limitations shall be notified within 24 hours to affected third parties and to the Agency. The Agency may require such limitations to be removed or modified where it decides by majority vote they are unnecessary or disproportionate.
2021/07/08
Committee: IMCO
Amendment 1706 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 2 c (new)
2c. Very large online platforms shall not make commercial use of any of the data that is generated or received from third parties as a result of interoperability activities for purposes other than enabling those activities. Any processing of personal data related to those activities shall comply with Regulation (EU) 2016/679, in particular Articles 6(1)(a) and 5(1)(c).
2021/07/08
Committee: IMCO
Amendment 1717 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. Very large online platforms that display advertising on their online interfaces shall compile and make publicly available in an easily accessible and comprehensible format and through application programming interfaces a repository containing the information referred to in paragraph 2, until oneseven years after the advertisement was displayed for the last time on their online interfaces. They shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed.
2021/07/08
Committee: IMCO
Amendment 1727 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 – point d
(d) whether the advertisement was intended to be displayed specifically to one or more particular groups of recipients of the service and if so, the mainall parameters used for that purpose including any parameters used to exclude particular groups;
2021/07/08
Committee: IMCO
Amendment 1729 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 – point d a (new)
(da) where it is disclosed, a copy of the content of commercial communications published on the very large online platforms that are not marketed, sold or arranged by the very large online platform, which have through appropriate channels been declared as such to the very large online platform;
2021/07/08
Committee: IMCO
Amendment 1731 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 – point e
(e) the total number of recipients of the service reached in terms of impressions and engagements of the advertisement and, where applicable, aggregate numbers for the group or groups of recipients to whom the advertisement was targeted specifically.
2021/07/08
Committee: IMCO
Amendment 1734 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 – point e a (new)
(ea) in case of an advertisement removed on the basis of a notice submitted in accordance with Article 14 or an order as set out in Article 8, the information referred to in points (b) to (d) of paragraph 2;
2021/07/08
Committee: IMCO
Amendment 1741 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 a (new)
2a. The online platform shall make reasonable efforts to ensure that the information referred to in paragraph 2 is accurate and complete.
2021/07/08
Committee: IMCO
Amendment 1753 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 1
1. Very large online platforms shall provide the Digital Services Coordinator of establishment or the Commission, upon theirr an independent enforcement and monitoring unit of the Agency, upon reasoned request and within a reasonable period, specified in the request, access to data that are necessary to monitor and assess compliance with this Regulation. That Digital Services Coordinator and the Commission shall only use that data for those purposes.
2021/07/08
Committee: IMCO
Amendment 1754 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 2
2. Upon a reasoned request from at least three Digital Services Coordinators of destination, the Digital Services Coordinator of establishment or the CommissionAgency, very large online platforms shall, within a reasonable period, as specified in the request, provide access to data to vetted researchers, vetted not-for-profit bodies, organisations or associations or vetted media organisations who meet the requirements in paragraphs 4 of this Article, for the sole purpose of conducting research that contributes to the identification, mitigation and understanding of systemic risks as set out in Article 26(1) and Article 27(1).
2021/07/08
Committee: IMCO
Amendment 1762 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 4
4. In order to be vetted, researchers shall be affiliated with academic institutions, be independent from commercial interestindependent from commercial interests, not receive any funding by any of the very large online platforms as defined in Article 25 and disclose all funding sources, have proven records of expertise in the fields related to the risks investigated or related research methodologies, and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request. In order to be vetted, not-for-profit bodies, organisations or associations have to meet the requirements laid down in Article 68, have statutory objectives which are in the public interest, and have expertise related to the fields referred to in Article 26.
2021/07/08
Committee: IMCO
Amendment 1769 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 5
5. The Commission shall, after consulting the BoardAgency, adopt delegated acts laying down the technical conditions under which very large online platforms are to share data pursuant to paragraphs 1 and 2 and the purposes for which the data may be used. Those delegated acts shall lay down the specific conditions under which such sharing of data with vetted researchers, or not-for-profit bodies, organisations or associations or media organisations can take place in compliance with Regulation (EU) 2016/679, taking into account the rights and interests of the very large online platforms and the recipients of the service concerned, including the protection of confidential information, in particular trade secrets, and maintaining the security of their service.
2021/07/08
Committee: IMCO
Amendment 1777 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 6 – introductory part
6. Within 15 days following receipt of a request as referred to in paragraph 1 and 2, a very large online platform may request the Digital Services Coordinator of establishment or the Commission, as applicable, to amend the request, where it considers that it is unable to give access to the data requested because one of followingit does not have access two reasons:the data.
2021/07/08
Committee: IMCO
Amendment 1779 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 6 – point a
(a) it does not have access to the data;deleted
2021/07/08
Committee: IMCO
Amendment 1780 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 6 – point b
(b) giving access to the data will lead to significant vulnerabilities for the security of its service or the protection of confidential information, in particular trade secrets.deleted
2021/07/08
Committee: IMCO
Amendment 1786 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 7 a (new)
7a. Digital Service Coordinators and the Commission shall maintain a list containing the vetted researchers, not-for- profit bodies, organisations and association and, 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 by the Digital Service Coordinator or the Commission and the reasons for which they have been declined; (c) the number of such requests that have been declined by the Digital Service Coordinator or the Commission, including the reasons for which they have been declined, 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 1790 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 7 b (new)
7b. The Commission shall issue regulatory guidance for very large online platforms and consult with the European Data Protection Board to facilitate the drafting and implementation of codes of conduct at Union level between very large online platforms and vetted researchers, not-for-profit bodies, organisations or associations or media organisation to appropriate technical and organisational safeguards to be implemented before data can be shared pursuant to paragraphs 1 and 2.
2021/07/08
Committee: IMCO
Amendment 1791 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 7 c (new)
7c. Upon completion of the research envisaged in Article 31(2), the vetted researchers, not-for-profit bodies, organisations or associations or media organisations, shall make their research publicly available, while fully respecting the rights and interests of the recipients of the service concerned in compliance with Regulation (EU) 2016/679.
2021/07/08
Committee: IMCO
Amendment 1797 #

2020/0361(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. Very large online platforms shall publish the reports referred to in Article 13 within six months from the date of application referred to in Article 25(4), and thereafter every six months in a standardised, machine-readable and easily accessible format.
2021/07/08
Committee: IMCO
Amendment 1801 #

2020/0361(COD)

Proposal for a regulation
Article 33 – paragraph 2 – point d a (new)
(da) aggregate numbers for the total views and view rate of content prior to a removal on the basis of orders issued in accordance with Article 8 or content moderation engaged in at the provider’s own initiative and under its terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1806 #

2020/0361(COD)

Proposal for a regulation
Article 33 a (new)
Article 33a Interoperability 1. Very large online platforms shall make the core functionalities of their services interoperable to enable cross- platform exchange of information with third parties. Very large online platforms shall publicly document all application programming interfaces they make available to that end. 2. Very large online platforms may only limit access to their core functionalities temporarily and in exceptional circumstances, when justified by an obligation under Article 18 of Directive [XX] on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148 or Article 32(1)(c) of Regulation (EU) 2016/679 . Such limitations shall be notified within 24 hours to affected third parties and to the Agency. The Agency may require such limitations to be removed or modified where it decides by majority vote they are unnecessary or disproportionate. 3. Very large online platforms shall not make commercial use of any of the data that is generated or received from third parties as a result of interoperability activities for purposes other than enabling those activities. Any processing of personal data related to those activities shall comply with Regulation (EU) 2016/679, in particular Articles 6(1)(a) and 5(1)(c). 4. The Commission shall adopt implementing measures specifying the nature and scope of the obligations set out in paragraph 1, including open standards and protocols such as application programming interfaces.
2021/07/08
Committee: IMCO
Amendment 1813 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – introductory part
1. TWhere necessary to achieve agreed and clearly defined public objectives, the Commission shall support and promote the development and implementation of voluntary industry standards set by relevant European and international standardisation bodies at least for the following:
2021/07/08
Committee: IMCO
Amendment 1816 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point a
(a) electronic submission of notices under Article 14 in a manner that permits the logging and, where possible, the automatic publication of all relevant statistical data;
2021/07/08
Committee: IMCO
Amendment 1819 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point b
(b) electronic submission of notices by trusted flaggers under Article 19, including, if necessary, through application programming interfaces, and which permit the logging and, where possible, the automatic publication of all relevant statistical data;
2021/07/08
Committee: IMCO
Amendment 1820 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point b a (new)
(ba) terms and criteria for the submission of notices in a diligent manner by trusted flaggers under Article 19;
2021/07/08
Committee: IMCO
Amendment 1821 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point c
(c) specific interfaces, including application programming interfaces or other mechanisms, to facilitate compliance with the obligations set out in Articles 30 and 31;
2021/07/08
Committee: IMCO
Amendment 1830 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point f a (new)
(fa) transparency reporting obligations pursuant to Article 13;
2021/07/08
Committee: IMCO
Amendment 1832 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point f b (new)
(fb) the design of online interfaces regarding inter alia the acceptance of and changes to terms and conditions, settings, advertising practices, recommender systems, and decisions within the content moderation process to prevent dark patterns;
2021/07/08
Committee: IMCO
Amendment 1833 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point f c (new)
(fc) electricity, water and heat consumption, including such consumption caused by artificial intelligence and recommender systems by very large online platforms;
2021/07/08
Committee: IMCO
Amendment 1834 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point f d (new)
(fd) data sufficiency, aiming at the reduction of data generation, in particular traffic data, including the reduction of associated electricity, water and heat consumption and resources from data centres.
2021/07/08
Committee: IMCO
Amendment 1841 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 2 a (new)
2a. At least with regard to points (a), (b) and (ba new) of paragraph 1, the Commission shall carry out thorough impact assessments before implementation in order to ensure compliance with Union law. In particular, such mechanisms shall not lead to restrictions being automatically imposed on notified content.
2021/07/08
Committee: IMCO
Amendment 1845 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 1
1. The Commission and the BoardAgency shall encourage and facilitate the drawfting upand implementation of codes of conduct at Union level to contribute to the proper application of this Regulation, taking into account in particular the specific challenges ofand responsibilities involved in comprehensively tackling different types of illegal content and systemic risks, in accordance with Union law, in particular on competition and the protection of personal data. Particular attention shall be given to avoiding counterproductive effects on competition, data access and security, the general monitoring prohibition and the rights of individuals. The Commission and the Agency shall approve and be party to any such code of conduct, in order to ensure adequate accountability and legal redress for individuals.
2021/07/08
Committee: IMCO
Amendment 1859 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission may invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested 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 1862 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 3
3. When giving effect to paragraphs 1 3. and/or 2, the Commission and the BoardAgency shall aim to ensure that the codes of conduct: (a) clearly set out their specific objectives, contain key performance indicators to measure the achievement of those objectives and take due account of; (b) define the nature of the public policy problem being addressed and the role of public authorities in complementing the activities undertaken as part of the code; (c) contain key performance indicators to measure the achievement of their objectives; (d) contain mechanisms for independent evaluation of the achievement of their objectives and to identify or anticipate possible counterproductive impacts; (e) contain mechanisms to adapt or abandon the code if its specific objectives are not being met or if counterproductive impacts are identified; (f) fully respect the needs and interests of all interested parties, including citizens, at Union levelindividuals. The Commission and the BoardAgency shall also aim to ensure that participants report regularly to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain.
2021/07/08
Committee: IMCO
Amendment 1869 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 4
4. The Commission and the BoardAgency shall assess whether the codes of conduct meet the aims specified in paragraphs 1 and 3, and shall regularly monitor and evaluate, at least once a year, the achievement of their objectives and include at least the following points: (a) the evolution of the scale and nature of the public policy problem being addressed by the relevant code. (b) the existence or emergence of commercial interests on the part of the online platform that may disincentivise the successful implementation of the code; (c) whether there are adequate safeguards to ensure the rights of individuals and businesses. They shall publish their conclusions.
2021/07/08
Committee: IMCO
Amendment 1875 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 5
5. The BoardAgency shall regularly monitor and evaluate, at least once a year, the achievement of the objectives of the codes of conduct, having regard to the key performance indicators that they may contain.
2021/07/08
Committee: IMCO
Amendment 1877 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 5 a (new)
5a. For each Code of Conduct a European Citizens’ Assembly is established that monitors outcomes of the Codes of Conduct, discusses the main issues at stake publicly and sets out public policy recommendations to the Commission. The members of the European Citizens’ Assemblies shall be randomly selected so as to be broadly representative of European society elected taking into account gender, age, location, and social class.
2021/07/08
Committee: IMCO
Amendment 1885 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 2 – point a
(a) the transmission of information held by providers of online advertising intermediaries to recipients of the service with regard to requirements set in points (b) and (c) of Article 24a new;
2021/07/08
Committee: IMCO
Amendment 1886 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 2 – point b
(b) the transmission of information held by providers of online advertising intermediaries to the repositories pursuant to Article 30, in particular the information referred to in points (d) and (d a new) of paragraph 2 of Article 30..
2021/07/08
Committee: IMCO
Amendment 107 #

2020/0359(COD)

Proposal for a directive
Recital 15
(15) Upholding and preserving a reliable, resilient and secure domain name system (DNS) is a key factor in maintaining the integrity of the Internet and is essential for its continuous and stable operation, on which the digital economy and society depend. Therefore, this Directive should apply to all providers of DNS services along the DNS resolution chain, including operators of root name servers, top-level-domain (TLD) name servers, authoritative name servers for domain names and recursive resolvers.
2021/06/03
Committee: ITRE
Amendment 127 #

2020/0359(COD)

Proposal for a directive
Recital 25
(25) As regards personal data, CSIRTs should be able to provide, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council19 as regards personal data, on behalf of and upon request by an entity under this Directive, a proactive scanning of the network and information systems used for the provision of their services in order to identify, mitigate or prevent specific network and information security threats. Processing of personal data by such scanning should be kept to the minimum necessary and should, in particular, respect the principles of data minimisation, purpose limitation and data protection by design and by default. Member States should aim at ensuring an equal level of technical capabilities for all sectorial CSIRTs. Member States may request the assistance of the European Union Agency for Cybersecurity (ENISA) in developing national CSIRTs. _________________ 19Regulation (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).
2021/06/03
Committee: ITRE
Amendment 141 #

2020/0359(COD)

Proposal for a directive
Recital 32
(32) The Cooperation Group set up under this Directive, should include representatives of Member States, the Commission, ENISA and, due to the link with the data protection framework, the European Data Protection Board (EDPB). The cooperation group should establish a work programme every two years including the actions to be undertaken by the Group to implement its objectives and tasks. The timeframe of the first programme adopted under this Directive should be aligned with the timeframe of the last programme adopted under Directive (EU) 2016/1148 in order to avoid potential disruptions in the work of the Group.
2021/06/03
Committee: ITRE
Amendment 143 #

2020/0359(COD)

Proposal for a directive
Recital 36
(36) The Union should, where appropriate, conclude international agreements, in accordance with Article 218 TFEU, with third countries or international organisations, allowing and organising their participation in some activities of the Cooperation Group and the CSIRTs network. Such agreements should ensure adequate protection of data and the European cyber crises liaison organisation network. Such agreements should ensure adequate protection of Union interests and data. This shall not preclude the right of Member States to cooperate with like- minded third countries on management of vulnerabilities and cyber security risk management, facilitating reporting and general information sharing in line with Union legislation.
2021/06/03
Committee: ITRE
Amendment 150 #

2020/0359(COD)

Proposal for a directive
Recital 43
(43) Addressing cybersecurity risks stemming from an entity’s supply chain and its relationship with its suppliers is particularly important given the prevalence of incidents where entities have fallen victim to cyber-attacks against information systems and where malicious actors were able to compromise the security of an entity’s network and information systems by exploiting vulnerabilities affecting third party products and services. Entities should therefore assess and take into account the overall quality of products and, the security measures embedded in them and the cybersecurity practices of their suppliers and service providers, including their secure development procedures and security features of the product.
2021/06/03
Committee: ITRE
Amendment 152 #

2020/0359(COD)

Proposal for a directive
Recital 43 a (new)
(1a Opinion 5/2021 of the European Data Protection Supervisor on the Cybersecurity(43a) In order to offer the necessary transparency to mitigate supply chain risks, open source cybersecurity products (software and hardware), including open source encryption, should be favoured, in line with Opinion 5/2021 of the European Data Protection Supervisor1a Or. en Strategy and the NIS 2.0 Directive, 11 March 2021)
2021/06/03
Committee: ITRE
Amendment 154 #

2020/0359(COD)

Proposal for a directive
Recital 44
(44) Among service providers, managed security services providers (MSSPs) in areas such as incident response, penetration testing, security audits and consultancy play a particularly important role in assisting entities in their efforts to detect and respond to incidents. Those MSSPs have however also been the targets of cyberattacks against information systems themselves and through their close integration in the operations of operators pose a particular cybersecurity risk. Entities should therefore exercise increased diligence in selecting an MSSP. (This amendment should apply across the text, replacing cyberattacks with “attacks against information systems", aligning the wording with the Cybercrime Directive 2013/40/EU)
2021/06/03
Committee: ITRE
Amendment 169 #

2020/0359(COD)

Proposal for a directive
Recital 53
(53) In particular, pEncryption is critical and irreplaceable for safeguarding the security of electronic communications networks and services data protection and privacy. Strong and state of the art encryption must be available to be used for mitigation of risks to network and information security and for the rights and freedoms of individuals. Providers of public electronic communications networks or publicly available electronic communications services, should implement security by design and by default, and inform the service recipients of particular and significant cyber threats and of additional measures they can take to protect the security of their devices and communications, for instance by using specific types of software or encryption technologies. The approach to security through obscurity has its limitations, while the open cooperative models can provide relief and increase the security of hardware and software, therefore service providers and traders are encouraged to use open source and open hardware.
2021/06/03
Committee: ITRE
Amendment 171 #

2020/0359(COD)

Proposal for a directive
Recital 54
(54) In order to safeguard the security of electronic communications networks and services, the use of encryption, and in particular end-to-end encryption, should be promoted and, where necessary, should be mandatory for providers of such services and networks in accordance with the principles of security and privacy by default and by design for the purposes of Article 18. The use of end-to-end encryption should be reconciled withis without prejudice to the Member State’ powers to ensure the protection of their essential security interests and public security, and to permit the investigation, detection and prosecution of criminal offences in compliance with Union law. Such enforcement powers must always fully respect due process and other safeguards, as well as fundamental rights, in particular the right to respect for private life and communications and the right to the protection of personal data. Solutions for lawful access to information infrom end-to-end encrypted communications should maintain the effectiveness of encryption in protecting privacy and security of communications, while providing an effective response to crime. Any actions taken have to carefully adhere to the principles of necessity, proportionality and subsidiarity and shall not lead to creating backdoors or weakening encryption, ensuring that the privacy and security of encrypted data, including in end-to-end encrypted communications is not compromised.
2021/06/03
Committee: ITRE
Amendment 180 #

2020/0359(COD)

Proposal for a directive
Recital 59
(59) Maintaining accurate and complete databases of domain names and registration data (so called ‘WHOIS data’) and providing lawful access to such data is essential to ensure the security, stability and resilience of the DNS, which in turn contributes to a high common level of cybersecurity within the Union. Whercompetent authorities for network and information security to such data may contribute to increased cybersecurity. Where processing includes personal data such processing shall comply with Union data protection law. This Directive is to be applied in full compliance with Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing includesof personal data such processing shall comply with Union data protection lawand on the free movement of such data, and with Directive 2002/58/EC on concerning the processing of personal data and the protection of privacy in the electronic communications sector, and is not modifying or adding to their provisions.
2021/06/03
Committee: ITRE
Amendment 182 #

2020/0359(COD)

Proposal for a directive
Recital 60
(60) The availability and timely accessibility of these data to public authorities, including competent authorities under Union or national law for the prevention, investigation or prosecution of criminal offences, CERTs, (CSIRTs, and as regards the data of their clients to providers of electronic communications networks and services and providers of cybersecurity technologies and services acting on behalf of those clients, is essentiaCERTs and CSIRTs can sometimes be useful to prevent and combat Domain Name System abuse, in particular to prevent, detect and respond to cybersecurity incidents. Such access should comply with Union data protection law insofar as it is related to personal data.
2021/06/03
Committee: ITRE
Amendment 184 #

2020/0359(COD)

Proposal for a directive
Recital 61
(61) In order to ensure the availability of accurate and complete domain name registration data, TLD registries and the entities providing domain name registration services for the TLD (so-called registrars) should collect and guarantee the integrity and availability of domain names registration data. In particular, TLD registries and the entities providing domain name registration services for the TLD should establish policies and procedures to collect and maintain accurate and complete registration data, as well as to prevent and correct inaccurate registration data in accordance with Union data protection rules.
2021/06/03
Committee: ITRE
Amendment 186 #

2020/0359(COD)

Proposal for a directive
Recital 62
(62) TLD registries and the entities providing domain name registration services for them should make publically available domain name registration data that fall outside the scope of Union data protection rules, such as data that concern legal persons25 . TLD registries and the entities providing domain name registration services for the TLD should also enable lawful access to specific domain name registration data concerning natural persons to legitimate access seekers, in accordance with Union data protection law. Member States should ensure that TLD registries and the entities providing domain name registration services for them should respond without undue delay to requests from legitimate access seekers for the disclosure of domain name registration data. TLD registries and the entities providing domain name registration services for them should establish policies and procedures for the publication and disclosure of registration data, including service level agreements to deal with requests for access from legitimate access seekers. The access procedure may also include the use of an interface, portal or other technical tool to provide an efficient system for requesting and accessing registration data. With a view to promoting harmonised practices across the internal market, the Commission may adopt guidelines on such procedures without prejudice to the competences of the European Data Protection Board. _________________ 25REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL recital (14) whereby “this Regulation does not cover the processing of personal data which concerns legal persons and in particular undertakings established as legal persons, including the name and the form of the legal person and the contact details of the legal person”.deleted
2021/06/03
Committee: ITRE
Amendment 191 #

2020/0359(COD)

Proposal for a directive
Recital 65
(65) In cases where a DNS service provider, TLD name registry, content delivery network provider, cloud computing service provider, data centre service provider and digital provider not established in the Union offers services within the Union, it should designate a representative. In order to determine whether such an entity is offering services within the Union, it should be ascertained whether it is apparent that the entity is planning to offer services to persons in one or more Member States. The mere accessibility in the Union of the entity’s or an intermediary's website or of an email address and of other contact details, or the use of a language generally used in the third country where the entity is established, is as such insufficient to ascertain such an intention. However, factors such as the use of a language or a currency generally used in one or more Member States with the possibility of ordering services in that other language, or the mentioning of customers or users who are in the Union, may make it apparent that the entity is planning to offer services within the Union. The representative should act on behalf of the entity and it should be possible for competent authorities or the CSIRTs to contact the representative. The representative should be explicitly designated by a written mandate of the entity to act on the latter's behalf with regard to the latter's obligations under this Directive, including incident reporting.
2021/06/03
Committee: ITRE
Amendment 193 #

2020/0359(COD)

Proposal for a directive
Recital 69
(69) The processing of personal data, to the extentwhich should be limited to what is strictly necessary and proportionate for the purposes of ensuring network and information security by entities, public authorities, CERTs, CSIRTs, and providers of security technologies and services should constitute a legitimate interest of the data controller concerned, as referred to in Regulation (EU) 2016/679. That should include measures related to the prevention, detection, analysis and response to incidents, measures to raise awareness in relation to specific cyber threats, exchange of information in the context of vulnerability remediation and coordinated disclosure, as well as the voluntary exchange of information on those incidents, as well as cyber threats and vulnerabilities, indicators of compromise, tactics, techniques and procedures, cybersecurity alerts and configuration tools. Such measures may require the processing of the following types of personal data: IP addresses, uniform resources locators (URLs), domain names, and email addresses.
2021/06/03
Committee: ITRE
Amendment 205 #

2020/0359(COD)

Proposal for a directive
Recital 79
(79) A peer-review mechanism should be introduced, allowing the assessment by independent experts designated by the Member States, of the implementation of cybersecurity policies, including the level of Member States’ capabilities and available resources. When deciding on the methodology, the Commission, supported by ENISA, should establish an objective, non-discriminatory, technology neutral, fair and transparent system for the selection of such experts.
2021/06/03
Committee: ITRE
Amendment 214 #

2020/0359(COD)

Proposal for a directive
Article 2 – paragraph 1
1. This Directive applies to public and private entities of a type referred to as essential entities in Annex I and as important entities in Annex II. This Directive does not apply to entities that qualify as micro and small enterprises within the meaning of Commission Recommendation 2003/361/EC.28 nor to non-commercial free and open source projects. Article 3 Paragraph 4 of the Annex to Commission Recommendation 2003/361/EC is not applicable. _________________ 28 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).
2021/06/03
Committee: ITRE
Amendment 220 #

2020/0359(COD)

Proposal for a directive
Article 2 – paragraph 2 – point a – point iii
(iii) top–level domain name registries and domain name system (DNS) service providers referred to in point 8 of Annex I;deleted
2021/06/03
Committee: ITRE
Amendment 222 #

2020/0359(COD)

Proposal for a directive
Article 2 – paragraph 2 – point d
(d) a potential disruption of the service provided by the entity could have an impact on public safety, public security or public health;
2021/06/03
Committee: ITRE
Amendment 223 #

2020/0359(COD)

Proposal for a directive
Article 2 – paragraph 2 – point e
(e) a potential disruption of the service provided by the entity could induce systemic risks, in particular for the sectors where such disruption could have a cross- border impact;
2021/06/03
Committee: ITRE
Amendment 230 #

2020/0359(COD)

Proposal for a directive
Article 2 – paragraph 4
4. This Directive applies without prejudice to Council Directive 2008/114/EC30 and Directives 2011/93/EU31 and 2013/40/EU32 and 2002/58/EC1a and Regulation (EU) 2016/6791b of the European Parliament and of the Council. _________________ 30Council 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). 31Directive 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). 32Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA (OJ L 218, 14.8.2013, p. 8). (1a Directive 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 sector1b 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)Or. en
2021/06/03
Committee: ITRE
Amendment 249 #

2020/0359(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 9
(9) ‘representative’ means any natural or legal person established in the Union explicitly designated to act on behalf of i) a DNS service provider, a top-level domain (TLD) name registry, a cloud computing service provider, a data centre service provider, a content delivery network provider as referred to in point 8 of Annex I or ii) entities referred to in point 6 of Annex II that are not established in the Union, which may be addressed by a national competent authority or a CSIRT instead of the entity with regard to the obligations of that entity under this Directive;
2021/06/03
Committee: ITRE
Amendment 252 #

2020/0359(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 14
(14) ‘DNS service provider’ means an entity that provides recursive or authoritative domain name resolution services to internet end-users and other DNS service providers;deleted
2021/06/03
Committee: ITRE
Amendment 254 #

2020/0359(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 15
(15) ‘top–level domain name registry’ means an entity which has been delegated a specific TLD and is responsible for administering the TLD including the registration of domain names under the TLD and the technical operation of the TLD, including the operation of its name servers, the maintenance of its databases and the distribution of TLD zone files across name servers;
2021/06/03
Committee: ITRE
Amendment 280 #

2020/0359(COD)

Proposal for a directive
Article 5 – paragraph 1 – point d a (new)
(da) an assessment of the general level of cybersecurity awareness amongst citizens as well as on the general level of security of consumer connected devices;
2021/06/03
Committee: ITRE
Amendment 285 #

2020/0359(COD)

Proposal for a directive
Article 5 – paragraph 2 – point b
(b) guidelines regarding the inclusion and specification of cybersecurity-related requirements for ICT products and service in public procurement, including but not limited to encryption requirements and the promotion of the use of open source cybersecurity products;
2021/06/03
Committee: ITRE
Amendment 286 #

2020/0359(COD)

Proposal for a directive
Article 5 – paragraph 2 – point d a (new)
(da) a policy related to sustaining the use of open data and open source as part of security through transparency;
2021/06/03
Committee: ITRE
Amendment 291 #

2020/0359(COD)

Proposal for a directive
Article 5 – paragraph 2 – point f
(f) a policy on supporting education establishments, in particular academic and research institutions to develop and deploy cybersecurity tools and secure network infrastructure;
2021/06/03
Committee: ITRE
Amendment 309 #

2020/0359(COD)

Proposal for a directive
Article 6 – paragraph 2
2. ENISA shall develop and maintain a European vulnerability registry. To that end, ENISA shall establish and maintain the appropriate information systems, policies and procedures with a view in particular to enabling important and essential entities and their suppliers of network and information systems to disclose and register vulnerabilities present in ICT products or ICT services, as well as to provide access to the information on vulnerabilities contained in the registry to all interested parties. The registry shall, in particular, include information describing the vulnerability, the affected ICT product or ICT services and the severity of the vulnerability in terms of the circumstances under which it may be exploited, the availability of related patches and, in the absence of available patches, guidance addressed to users of vulnerable products and services as to how the risks resulting from disclosed vulnerabilities may be mitigated. For ensuring security and accessibility of information, state of the art cybersecurity measures shall be accompanied by machine-readable datasets and corresponding interfaces (APIs).
2021/06/03
Committee: ITRE
Amendment 332 #

2020/0359(COD)

Proposal for a directive
Article 10 – paragraph 2 – point e
(e) providing, upon a specific request of an entity, a proactive scanning of the network and information systems used for the provision of their services in order to identify, mitigate or prevent specific and exceptional network and information security threats, in full respect of Regulation 2016/679;
2021/06/03
Committee: ITRE
Amendment 342 #

2020/0359(COD)

Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
The Cooperation Group shall be composed of representatives of Member States, the Commission and, ENISA and EDPB. The European External Action Service shall participate in the activities of the Cooperation Group as an observer. The European Supervisory Authorities (ESAs) in accordance with Article 17(5)(c) of Regulation (EU) XXXX/XXXX [the DORA Regulation] may participate in the activities of the Cooperation Group.
2021/06/03
Committee: ITRE
Amendment 363 #

2020/0359(COD)

Proposal for a directive
Article 15 – paragraph 1 – introductory part
1. ENISA shall issue, in cooperation with the Commission, a biennial report on the state of cybersecurity in the Union. The report shall be delivered in machine- readable format and shall in particular include an assessment of the following:
2021/06/03
Committee: ITRE
Amendment 367 #

2020/0359(COD)

Proposal for a directive
Article 15 – paragraph 1 – point c a (new)
(ca) an overview of the general level of cybersecurity awareness and use amongst citizens as well as on the general level of security of consumer-oriented connected devices put on the market in the Union.
2021/06/03
Committee: ITRE
Amendment 404 #

2020/0359(COD)

Proposal for a directive
Article 18 – paragraph 2 – point g
(g) the use of cryptography and strong encryption.
2021/06/03
Committee: ITRE
Amendment 425 #

2020/0359(COD)

Proposal for a directive
Article 20 – paragraph 1
1. Member States shall ensure that essential and important entities notify, without undue delay, the competent authorities or the CSIRT in accordance with paragraphs 3 and 4 of any incident having a significant impact on the provision of their services. Where appropriate, tThose entities shall notify, without undue delay, the recipients of their services of incidents that are likely to adversely affect the provision of that service and provide information that would enable them to mitigate the adverse effects of the cyberattacks. By exception, where public disclosure could trigger further cyberattacks, essential and important entities, could delay the notification. Member States shall ensure that those entities report, among others, any information enabling the competent authorities or the CSIRT to determine any cross-border impact of the incident.
2021/06/03
Committee: ITRE
Amendment 432 #

2020/0359(COD)

Proposal for a directive
Article 20 – paragraph 2 – subparagraph 1
Member States shall ensure that essential and important entities notify, without undue delay, the competent authorities or the CSIRT of any significant cyber threat that those entities identify that could have potentially, if steps to mitigate the risk had not been taken or are not taken in the future, would have resulted or are likely in the future to resulted in a significant incident.
2021/06/03
Committee: ITRE
Amendment 435 #

2020/0359(COD)

Proposal for a directive
Article 20 – paragraph 2 – subparagraph 2
Where applicable, tThose entities shall notify, without undue delay, the recipients of their services that are potentially affected by a significant cyber threat of any measures or remedies that those recipients can take in response to that threat. Where appropriate, the entities shall also notify those recipients of the threat itself. By exception, where public disclosure could trigger further attacks against information systems, essential and important entities, could delay the notification. The notification shall not make the notifying entity subject to increased liability.
2021/06/03
Committee: ITRE
Amendment 469 #

2020/0359(COD)

Proposal for a directive
Article 20 – paragraph 7
7. Where public awareness is necessary to prevent an incident or to deal with an ongoing incident, or where disclosure of the incident is otherwise in the public interest, the competent authority or the CSIRT, and where appropriate the authorities or the CSIRTs of other Member States concerned mayshall, after consulting the entity concerned, inform the public about the incident or require the entity to do so.
2021/06/03
Committee: ITRE
Amendment 501 #

2020/0359(COD)

Proposal for a directive
Article 23
1. the security, stability and resilience of the DNS, Member States shall ensure that TLD registries and the entities providing domain name registration services for the TLD shall collect and maintain accurate and complete domain name registration data in a dedicated database facility with due diligence subject to Union data protection law as regards data which are personal data. 2. the databases of domain name registration data referred to in paragraph 1 contain relevant information to identify and contact the holders of the domain names and the points of contact administering the domain names under the TLDs. 3. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLD have policies and procedures in place to ensure that the databases include accurate and complete information. Member States shall ensure that such policies and procedures are made publicly available. 4. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLD publish, without undue delay after the registration of a domain name, domain registration data which are not personal data. 5. the TLD registries and the entities providing domain name registration services for the TLD provide access to specific domain name registration data upon lawful and duly justified requests of legitimate access seekers, in compliance with Union data protection law. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLD reply without undue delay to all requests for access. Member States shall ensure that policies and procedures to disclose such data are made publicly available.Article 23 deleted Databases of domain names and registration data For the purpose of contributing to Member States shall ensure that Member States shall ensure that
2021/06/03
Committee: ITRE
Amendment 510 #

2020/0359(COD)

Proposal for a directive
Article 24 – paragraph 1
1. DNS service providers, TLD name registries, cCloud computing service providers, data centre service providers and content delivery network providers referred to in point 8 of Annex I, as well as digital providers referred to in point 6 of Annex II shall be deemed to be under the jurisdiction of the Member State in which they have their main establishment in the Union.
2021/06/03
Committee: ITRE
Amendment 520 #

2020/0359(COD)

Proposal for a directive
Article 25 – paragraph 1 – introductory part
1. ENISA shall create and maintain a secure registry for essential and important entities referred to in Article 24(1). The entities shall submit the following information to ENISA by [12 months after entering into force of the Directive at the latest]:
2021/06/03
Committee: ITRE
Amendment 540 #

2020/0359(COD)

Proposal for a directive
Article 28 – paragraph 2
2. Competent authorities shall work in close cooperation with data protection authorities when addressing incidents resulting in personal data breaches, without prejudice to the competences, tasks and powers of data protection authorities pursuant to Regulation (EU) 2016/679.
2021/06/03
Committee: ITRE
Amendment 545 #

2020/0359(COD)

Proposal for a directive
Article 29 – paragraph 2 – point c
(c) targeted security audits based on risk assessments or risk-related available information carried out by a qualified independent body or a competent authority or independent experts and make the results thereof available to the competent authority; the cost of the audit shall be paid by the provider;
2021/06/03
Committee: ITRE
Amendment 573 #

2020/0359(COD)

Proposal for a directive
Article 30 – paragraph 2 – point b
(b) targeted security audits based on risk assessments or risk-related available information carried out by a qualified independent body or a competent authority and make the results thereof available to the competent authority; the cost of the audit shall be paid by the provider;
2021/06/03
Committee: ITRE
Amendment 581 #

2020/0359(COD)

Proposal for a directive
Article 32 – paragraph 1
1. Where the competent authorities have indications that the infringement by an essential or important entity of the obligations laid down in Articles 18 and 20 entails a personal data breach, as defined by Article 4(12) of Regulation (EU) 2016/679 which shall be notified pursuant to Article 33 of that Regulation, they shall inform the supervisory authorities competent pursuant to Articles 55 and 56 of that Regulation within a reasonable period of time72 hours.
2021/06/03
Committee: ITRE
Amendment 583 #

2020/0359(COD)

Proposal for a directive
Article 32 – paragraph 3
3. Where the supervisory authority competent pursuant to Regulation (EU) 2016/679 is established in another Member State than the competent authority, the competent authority mayshall inform the supervisory authority established in the same Member State.
2021/06/03
Committee: ITRE
Amendment 584 #

2020/0359(COD)

Proposal for a directive
Article 34 a (new)
Article 34a Right to an effective judicial remedy Without prejudice to any available administrative or non-judicial remedy, the recipients of services provided by essential and important entities, having incurred damages as a result of the providers' non-compliance with this Directive, shall have the right to an effective judicial remedy.
2021/06/03
Committee: ITRE
Amendment 585 #

2020/0359(COD)

Proposal for a directive
Article 35 – paragraph 1
The Commission shall periodically review the functioning of this Directive, and report to the European Parliament and to the Council. The report shall in particular assess the relevance of sectors, subsectors, size and type of entities referred to in Annexes I and II for the functioning of the economy and society in relation to cybersecurity. For this purpose and with a view to further advancing the strategic and operational cooperation, the Commission shall take into account the reports of the Cooperation Group and the CSIRTs network on the experience gained at a strategic and operational level. The first report shall be submitted by… [5436 months after the date of entry into force of this Directive].
2021/06/03
Committee: ITRE
Amendment 594 #

2020/0359(COD)

Proposal for a directive
Article 40 – paragraph 1
Articles 40 and 41 of Directive (EU) 2018/1972 are deletedto be applied insofar as they are not in contradiction with this Directive.
2021/06/03
Committee: ITRE
Amendment 596 #

2020/0359(COD)

Proposal for a directive
Article 40 a (new)
Article 40a Amendments to Directive 2020/1828/EC on Representative Actions for the Protection of the Collective Interests of Consumers The following is added to Annex I: “(X) Directive of the European Parliament and of the Council on measures for a high common level of cybersecurity across the Union, repealing Directive(EU) 2016/1148”
2021/06/03
Committee: ITRE
Amendment 9 #

2020/0112R(APP)

Motion for a resolution
Recital B
B. whereas the role of the FRA as an independent and fully-fledged EU agency and fundamental rights watchdog should be further strengthened; in this context highlights the landmark judgment of the General Court of the European Union from September 24, 2019 which clarified that the rights of persons belonging to minorities is an EU value and respecting and promoting cultural and linguistic diversity in the EU is an EU objective;
2021/01/20
Committee: LIBE
Amendment 78 #

2020/0112R(APP)

Motion for a resolution
Paragraph 4 – point iii – paragraph 1 a (new)
Situation of national, ethnic, cultural and linguistic minorities in the European Union should be specifically mentioned as part of the mandate of the Fundamental Rights Agency; the Agency should conduct necessary research with regard to safeguarding their rights, preserving minority culture, regional and minority languages;
2021/01/20
Committee: LIBE
Amendment 151 #

2020/0104(COD)

Proposal for a regulation
Recital 4 a (new)
(4a) Considering that the cultural and creative sectors and industries have been hit particularly hard by the fallout from the COVID-19 pandemic due to, amongst other things, the closure of cinemas, theatres and other cultural venues, the sudden stop of ticket sales and low advertisement sales, the Union and its Member States should earmark at least 2% of the Recovery and Resilience Facility for the support of these sectors, which are of utmost importance for the economies, social cohesion, tourism and recreation.
2020/09/22
Committee: BUDGECON
Amendment 81 #

2020/0102(COD)

Proposal for a regulation
Article 3 – paragraph 1 – introductory part
The Programme shall pursue the following general objectives, in keeping with the “One Health” approach where relevant: of contributing to a high level of human health protection and disease prevention, in keeping with the “One Health” approach where relevant and guided by Sustainable Development Goals(SDG) to ensure that the Union and Member States reach the targets of SDG 3"Ensure healthy lives and promote well- being for all at all ages”:
2020/07/17
Committee: BUDG
Amendment 82 #

2020/0102(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point -1 (new)
(-1) contribute to a high level of human health protection and disease prevention, make healthcare safer, reduce health inequalities, increase life expectancy at birth, and strengthen and support EU health-related legislation, including in the area of environmental health, and fostering Health in All Policies.
2020/07/17
Committee: BUDG
Amendment 83 #

2020/0102(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3
(3) strengthen health systems and the healthcare workforce, including by digital transformation and by increased integrated and coordinated work among the Member States,contribute to effectiveness, accessibility and resilience of health suystained implementation of best practice and data sharing, to increasems and the the general level of public health.althcare workforce
2020/07/17
Committee: BUDG
Amendment 84 #

2020/0102(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
(3a) increase the general level of public health
2020/07/17
Committee: BUDG
Amendment 86 #

2020/0102(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 4
(4) strengthen the effectiveness, accessibility, sustainability and resilience of health systems, including by supporting digital transformation, the uptake of digital tools and services, systemic reforms, implementation of new care models and universal health coverage, and address inequalities in health and access to healthcare and medicine;
2020/07/17
Committee: BUDG
Amendment 88 #

2020/0102(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 9 a (new)
(9a) support European level civil society organisations working on health and health related issues;
2020/07/17
Committee: BUDG
Amendment 89 #

2020/0102(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 9 b (new)
(9b) Support activities designed to monitor the cumulative health impacts of environmental risk factors, including those arising from contaminants in food, water, air and other sources as well as activities monitoring the health impacts of Union legislation, such as pharmacovigilance and similar;
2020/07/17
Committee: BUDG
Amendment 92 #

2020/0102(COD)

Proposal for a regulation
Article 8 – paragraph 4 a (new)
4a. The Commission shall develop cooperation with relevant international organisations such as the United Nations and its specialised agencies, in particular the World Health Organisation (WHO), as well as with the Council of Europe and the Organisation for Economic Co- operation and Development (OECD) to implement the Healthstrand, in order to maximise the effectiveness and efficiency of actions at Union and international level.
2020/07/17
Committee: BUDG
Amendment 93 #

2020/0102(COD)

Proposal for a regulation
Article 8 – paragraph 4 b (new)
4b. The Commission shall consult the health authorities of the Member States in the Steering Group on Health Promotion, Disease Prevention and Management of Non-Communicable Diseases or in other relevant Commission expert group as well as stakeholders, in particular professional bodies in the health sector and NGOs active in the field at all stage of the implementation of the program .
2020/07/17
Committee: BUDG
Amendment 95 #

2020/0102(COD)

Proposal for a regulation
Article 17 – paragraph 1 – introductory part
The Commission may, by means of implementingdelegated acts, lay down rules on:
2020/07/17
Committee: BUDG
Amendment 97 #

2020/0102(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. Indicators to report on progress of the Programme towards the achievement of the general and specific objectives set out in Articles 3 and 4 are set out in Annex II. In addition the results of analytical activities, once finalised, shall be made publicly available.
2020/07/17
Committee: BUDG
Amendment 100 #

2020/0102(COD)

Proposal for a regulation
Annex I – point d – point i
(i) Implementation, enforcement, monitoring of Union health legislation and action; and technical support to the implementation of legal requirements including in the area of environmental health;
2020/07/17
Committee: BUDG
Amendment 101 #

2020/0102(COD)

Proposal for a regulation
Annex I – point d – point i a (new)
(ia) EU policy making to foster Health in All Policies and in particular measures to strengthen the assessment and appropriate management of environmental risks associated with production, use and disposal of medical products;
2020/07/17
Committee: BUDG
Amendment 103 #

2020/0102(COD)

Proposal for a regulation
Annex I – point d – point xi
(xi) Stakeholders in view of transnational cooperation and stakeholders working at EU level.
2020/07/17
Committee: BUDG
Amendment 104 #

2020/0102(COD)

Proposal for a regulation
Annex I – point f – point iv
(iv) Preventive actions to protect vulnerable groups from health threats and actions to adjust the response to and management of crisis to the needs of those vulnerable groups, also including adequate and appropriate information to the concerned, with particular attention to people with disabilities;
2020/07/17
Committee: BUDG
Amendment 105 #

2020/0102(COD)

Proposal for a regulation
Annex I – point f – point v
(v) Actions to addressmitigate the collateral health consequences of a health crisis, in particular thosein terms onf mental health, as well as the specific consequences for on patients suffering from chronic diseases and people with disabilities and other vulnerable groups;
2020/07/17
Committee: BUDG
Amendment 106 #

2020/0102(COD)

Proposal for a regulation
Annex I – point f – point vi
(vi) Actions to strengthen surge capacity, research, development, laboratory capacity, production and deployment of crisis-relevant niche products and ensuring product availability;
2020/07/17
Committee: BUDG
Amendment 108 #

2020/0102(COD)

Proposal for a regulation
Annex I – point j – point ii
(ii) Support to the digital transformation of health care and health systems including through benchmarking and capacity building for the uptake of innovative tools and technologies and the health care literacy of the general population; digital upskilling of health care professsionals;
2020/07/17
Committee: BUDG
Amendment 111 #

2020/0102(COD)

Proposal for a regulation
Annex I – point j – point iv
(iv) Support optimal use of telemedicine/telehealth, including through satellite communication for remote areas, foster digitally-driven organisational innovation in healthcare facilities and promote digital tools supporting citizen empowerment and person-centred care that limit health-care inequalities.
2020/07/17
Committee: BUDG
Amendment 112 #

2020/0102(COD)

Proposal for a regulation
Annex I – point k – point iii a (new)
(iiia) Communication aimed at addressing fake news regarding medical therapies, or causes of disease.
2020/07/17
Committee: BUDG
Amendment 1 #

2019/2213(BUD)

Draft opinion
Paragraph 1
1. Regrets that the Member States have so far not managed to reach an agreement on the Multiannual Financial Framework (MFF) 2021-2027, which puts at risk the timely start of the new programmes and thus the Union’s ability to reachieve its political priorities a net-zero greenhouse gas emission economy by 2040 at the latest and therewith linked political priorities under the European Green Deal; notes that the MFF is the basis for the annual budget and that, in the absence of an MFF regulation, guidelines on the 2021 budget can only reflect Parliament’s general position on the MFF;
2020/02/20
Committee: ITRE
Amendment 4 #

2019/2213(BUD)

Draft opinion
Paragraph 1 a (new)
1a. Points to the need to ensure that sufficient resources are allocated in the 2021 budget to allow the Union to rapidly take the concrete actions needed to address the climate, biodiversity and environment emergency; insists that the next budget must enable the Union to meet its obligations under the Paris Agreement, is fully aligned with the objective of limiting global warming to under 1.5 °C, and must contribute to reversing the decline in biodiversity;
2020/02/20
Committee: ITRE
Amendment 5 #

2019/2213(BUD)

Motion for a resolution
Citation 10 a (new)
- having regards to its resolution of 16 January 2020 on the COP151a, _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2020-0015_EN.html
2020/03/04
Committee: BUDG
Amendment 10 #

2019/2213(BUD)

Draft opinion
Paragraph 1 b (new)
1b. Stresses that if the Union is to achieve net-zero greenhouse gas emissions by 2050 at the latest, as endorsed by the Commission's European Green Deal, then an ambitious and binding climate-related spending target for the 2021-2027 MFF is essential; in this regard calls for a target of at least 50%;
2020/02/20
Committee: ITRE
Amendment 12 #

2019/2213(BUD)

Draft opinion
Paragraph 1 c (new)
1c. Reiterates its call for the phase-out of harmful subsidies and for coherence between all EU funds and programmes; insists that projects and programmes which are inconsistent with the objective of limiting global warming to under 1.5, or with the objective of halting and reversing biodiversity loss, shall not be eligible for support under the EU budget;
2020/02/20
Committee: ITRE
Amendment 14 #

2019/2213(BUD)

Draft opinion
Paragraph 1 d (new)
1d. Recalls that, Article 2-1(c)of the Paris Agreement compels Parties to “make financial flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development”; calls on the Commission to incorporate the do no harm principle into the MFF-OR regulation and to ensure its implementation in the sectorial programmes;
2020/02/20
Committee: ITRE
Amendment 16 #

2019/2213(BUD)

Draft opinion
Paragraph 1 e (new)
1e. Calls on the Commission to provide for horizontal guidance on climate and biodiversity proofing that should guide all policy planning documents for the next MFF;
2020/02/20
Committee: ITRE
Amendment 18 #

2019/2213(BUD)

Draft opinion
Paragraph 1 f (new)
1f. Calls on the Commission to report annually on how the mainstreaming targets for climate and biodiversity are being met, on the basis of actual expenditure rather than estimates; calls, furthermore, on the Commission to put forward a correction mechanism in case climate and biodiversity spending falls below the foreseen targets;
2020/02/20
Committee: ITRE
Amendment 19 #

2019/2213(BUD)

Draft opinion
Paragraph 1 g (new)
1g. Demands that the planning of climate and biodiversity spending take place systematically during the development of all policies and programmes and not simply as an accountancy exercise ex-post as part of the annual budgetary procedure;
2020/02/20
Committee: ITRE
Amendment 20 #

2019/2213(BUD)

Draft opinion
Paragraph 1 h (new)
1h. Calls on the Commission to put forward a comprehensive and detailed legislative proposal on tracking, accounting and proofing for the climate and biodiversity mainstreaming targets by July 2020, and requests that the Parliament is closely involved in the development of these methodologies;
2020/02/20
Committee: ITRE
Amendment 22 #

2019/2213(BUD)

Motion for a resolution
Recital G a (new)
G a. whereas the Council of Europe defines gender budgeting as a ‘gender based assessment of budgets incorporating a gender perspective at all levels of the budgetary process and restructuring revenues and expenditures in order to promote gender equality’; whereas the purpose of gender budgeting is to promote accountability and transparency in fiscal planning, to increase gender responsive participation in the budget process, for example by undertaking steps to involve women and men equally in budget preparation, and to advance gender equality and women’s rights;
2020/03/04
Committee: BUDG
Amendment 26 #

2019/2213(BUD)

Draft opinion
Paragraph 2
2. Underlines that the new Heading 1 (‘Single Market, Innovation and Digital’) will be instrumental for boosting innovation-led economic growthand sustainable development in line with the SDGs and contributing to the transition towards a climate-neutral economy and society in line with the Paris Agreement; highlights furthermore the importance of the new Heading 5 (‘Security and Defence’), which includes the new European Defence Fund and essential funds for nuclear safety and decommissioningand sufficient funding for the safely decommissioning of the nuclear plants in Lithuania, Slovakia and Bulgaria;
2020/02/20
Committee: ITRE
Amendment 29 #

2019/2213(BUD)

Draft opinion
Paragraph 2 a (new)
2a. Stresses that high-tech industries require materials that are not always readily available and, in parallel with encouraging the development of supply chains in full compliance with European standards and values, calls for measures towards labelling the material content of products in view of easing the recovery of the limited resources further down the products lifecycle. In the same high-tech sectors and especially in the digitalisation, process calls for the identification and support of efficiency gains of digitalisation that result in a carbon negative net result;
2020/02/20
Committee: ITRE
Amendment 32 #

2019/2213(BUD)

Draft opinion
Paragraph 3
3. Recalls Parliament's position on the overall financial envelope for Horizon Europe of EUR 120 billion (in 2018 prices); calls on the Commission in this regard to present the 2021 draft budget accordingly to ensure that research and innovation activities will continue in areas that are essential for the EU’s strategic autonomyaddressing pressing societal challenges, such as climate change, the realisation of a net-zero GHG emission economy and SDGs, the EU's strategic leadership, and benefit its citizens and society, such as the digital, energy and transport transformation, healthcare and space; recalls in this context the importance of fundamental research; EU research and innovation funding should especially support areas suffering from serious market failure and neglected societal challenges; recalls in this context the importance of fundamental research as well as international cooperation in research and innovation and urges the Commission to bolster international S&;T agreements and global partnerships, to revert the decreasing trend in international participation in Horizon 2020;
2020/02/20
Committee: ITRE
Amendment 33 #

2019/2213(BUD)

Motion for a resolution
Paragraph 1
1. Insists that the EU budget is vital and plays a crucial role to respond to the challenges the Union is facing and reflects the degree of ambition of the Member States and the institutions;
2020/03/04
Committee: BUDG
Amendment 42 #

2019/2213(BUD)

Draft opinion
Paragraph 3 a (new)
3a. Deplores that EU research and innovation climate spending is not commensurate with the scale of the climate and environmental emergency; stresses the need to increase EU R&I spending under Horizon Europe to at least 50% for responsible innovative technologies, products and businesses and non-technological solutions, with no more public investments in fossil-related R&I activities;
2020/02/20
Committee: ITRE
Amendment 45 #

2019/2213(BUD)

Draft opinion
Paragraph 3 b (new)
3b. Recalls the importance of research and innovation to address the key challenge of tackling climate change on time to reach a net-zero emission economy by 2040 at the latest; in this context, deplores the continuous funding through EU tax-payers money of projects that will not be climate-proof; calls therefore for transferring the EU budget of ITER to renewables and energy savings; recalls in this context the adopted ‘energy efficiency first’ principle as well as the target for the EU to become number one in renewables;
2020/02/20
Committee: ITRE
Amendment 50 #

2019/2213(BUD)

Motion for a resolution
Paragraph 3
3. Notes that reducing greenhouse gas (GHG) emissions by 55 % by 2030 represents an enormous challenge, notably with regard to building insulation, developing public transport and achieving both an agricultural transition and a socially just transition; recalls additionally that the IPCC report on Global Warming of 1.5 °C underlines the need to cut carbon emissions by 65% by 2030; insists that in order to succeed in this unprecedented enterprise in only ten years, urgent action is needed, backed by a strong EU budget as of 2021;
2020/03/04
Committee: BUDG
Amendment 51 #

2019/2213(BUD)

Draft opinion
Paragraph 4
4. Underlines that all areas of the budget need to contribute to the overall goals of the European Green Deal and the full implementation of the UN Sustainable Development Goals; recalls in this context the importance of the introduction of a Just Transition Fund to address societal, socio- economic and environmental impacts on workers and communities adversely affected by the transition from coal and carbon dependence, and calls for solid financing of the fund; recalls that Just Transition funding must be conditional on progress on concrete and binding decarbonisation plans in line with the Paris Agreement, especially the phase out of coal and the transformation of carbon intensive economic regions;
2020/02/20
Committee: ITRE
Amendment 56 #

2019/2213(BUD)

Motion for a resolution
Paragraph 3 a (new)
3 a. Points out that climate and biodiversity-related expenditure must be tracked using more robust, transparent and comprehensive methodology including reformed performance indicators for defining ex-ante and ex- post tracking and accounting, which are needed in order to avoid the risk of overestimation of the allocated funds;
2020/03/04
Committee: BUDG
Amendment 57 #

2019/2213(BUD)

Motion for a resolution
Paragraph 3 b (new)
3 b. Recalls that Article 2-1(c) of the Paris Agreement compels Parties to “make financial flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development”;Calls for the following article to be inserted into the MFF regulation to enshrine in law the do-no harm principle, in line with the political declarations of all three institutions: Article X of MFF regulation (new) - Projects financed by the EU budget shall be screened to determine if they have an environmental, climate or social impact and if so, shall be subject to climate, environmental, including biodiversity, and social sustainability proofing with a view to minimise detrimental impacts and maximise benefits on climate, environment and social dimension.For that purpose, entities requesting financing shall provide adequate information based on mandatory guidelines to be developed by the Commission.The Commission shall be empowered to adopt those guidelines in the form of a delegated act, taking fully into account the criteria established by the [Regulation on the establishment of a framework to facilitate sustainable investment] for determining whether an economic activity is environmentally sustainable, and inline with EU climate objectives. - Projects that are inconsistent with the achievement of the objectives of the Paris Agreement with a pathway compatible with the objective of limiting global warming to under 1,5°C shall not be eligible for support under the EU Budget;
2020/03/04
Committee: BUDG
Amendment 63 #

2019/2213(BUD)

Draft opinion
Paragraph 4 a (new)
4a. Calls for all infrastructure investments to be in line with the Energy Efficiency First Principle and the objective of limiting global warming to under 1.5°C as well as resilience to adverse climate change impacts; calls for the integration GHG emissions in the mandatory cost-benefit analysis over the lifecycle of the project against the most likely baseline and the explicit consideration to avoid stranded assets;
2020/02/20
Committee: ITRE
Amendment 73 #

2019/2213(BUD)

Draft opinion
Paragraph 5
5. Underlines the need for an ambitious draft budget, in particular for new programmes such as the Digital Europe Programme, which need to become operational as soon as possible in order to help make the EU more competitive; strongly opposes any cuts, especially in areas that aim at ensuring a human- centric, secure and future-oriented digitalised society, fit for the digital age;
2020/02/20
Committee: ITRE
Amendment 76 #

2019/2213(BUD)

Draft opinion
Paragraph 5 a (new)
5a. Underlines that for achieving the goals of the Green Deal and ensuring proper monitoring of its progress while supporting an important economic activity in the European Union, the European Space Programme in general and the Copernicus component in particular are essential; to that regard calls for an increase of resources dedicated to environmental monitoring from space and an ecological approach to space traffic and debris management;
2020/02/20
Committee: ITRE
Amendment 79 #

2019/2213(BUD)

Draft opinion
Paragraph 6
6. Underlines the importance of SMEs as an essential part of the economy, as they provide a high number of jobs in the EU and play a vital role in research and innovation; urges the Commission therefore to ensure a smooth transition from COSME to the new Single Market Programme and from the European Fund for Strategic Investment (EFSI) and other financial instruments to InvestEU; stresses that InvestEU and other financial instruments should support the entire research, development and innovation cycle, make sure that underfunded areas of research are prioritised and that innovations reach the market and benefit society;
2020/02/20
Committee: ITRE
Amendment 88 #

2019/2213(BUD)

Draft opinion
Paragraph 6 a (new)
6a. Insists that the selection of priority energy infrastructure projects needs urgent revision and that further spending must be fully aligned with Green Deal policies, climate objectives and EIB energy lending policy;
2020/02/20
Committee: ITRE
Amendment 91 #

2019/2213(BUD)

Draft opinion
Paragraph 7
7. Recalls the important role that EU agencies play in helping to achieve policy objectives set by the legislator; calls therefore for sufficient funding and staffing for all agencies in line with their tasks and responsibilities; underlines in particular the need to substantially reinforce the European Agency for the Cooperation of Energy Regulators (ACER), which has been underfunded and understaffed for many years risking to jeopardise ACER’s functioning and its ability to perform its tasks on monitoring and market transparency as well as the additional tasks conferred on it through recent legislation including the Clean Energy Package; insists that the Commission address this problem already in its draft budget.
2020/02/20
Committee: ITRE
Amendment 106 #

2019/2213(BUD)

Motion for a resolution
Paragraph 6 a (new)
6 a. Reiterates that Parliament’s position for “financing the European Green Deal” was set in its resolution on the European Green Deal in which it supported the introduction of new green own resources, such as the Carbon border adjustment tax, a share of ETS revenue, a Kerosene tax and a Plastic tax and a tax on financial transactions, that correspond to the objectives of the European Green Deal and promoted and facilitated a green and socially fair transition, including the fight against climate change and the protection of the environment; and it saw the Commission’s proposals as a starting point in this regard;
2020/03/04
Committee: BUDG
Amendment 116 #

2019/2213(BUD)

Motion for a resolution
Paragraph 7
7. Considers, therefore, that the whole 2021 budget must comply with the 55 % GHG emissions reduction target, as requested in its resolution of 15 January 2020 on the European Green Deal, but also aim at a 65% reduction target as recommended by the IPCC latest reports; considers that the 2021 budget should also comply and with the social commitments made by the President of the Commission, in order to send the right signals to EU citizens and businesses;
2020/03/04
Committee: BUDG
Amendment 124 #

2019/2213(BUD)

Motion for a resolution
Paragraph 8 a (new)
8 a. Reiterates that Parliament’s position for biodiversity was set in its resolution on COP15[1]in which it called on the Commission and the Council to set a clear spending target for biodiversity mainstreaming of at least 10 % in the MFF, in addition to the target for spending on climate mainstreaming1b; _________________ 1b https://www.europarl.europa.eu/doceo/doc ument/TA-9-2020-0015_EN.html
2020/03/04
Committee: BUDG
Amendment 164 #

2019/2213(BUD)

Motion for a resolution
Paragraph 11
11. Aims to set binding biodiversity and climate mainstreaming targets and to fix for the first to at least 10% and the latter to at least 350 % for 2021; reiterates its call on the Commission to lay down clear eligibility criteria of a stringent and comprehensive methodology for defining and tracking relevant climate and biodiversity expenditure; excepts the Commission to put forward a comprehensive and detailed proposal by July 2020 in form of a Framework Regulation; demands for the Parliament to be closely involved in the conception of such a methodology;
2020/03/04
Committee: BUDG
Amendment 181 #

2019/2213(BUD)

Motion for a resolution
Paragraph 11 a (new)
11 a. Demands that the planning of climate and biodiversity spending take place during the development of MFF programmes and not simply as an accountancy exercise ex-post as part of the annual budgetary procedure;
2020/03/04
Committee: BUDG
Amendment 190 #

2019/2213(BUD)

Motion for a resolution
Paragraph 11 b (new)
11 b. Calls on the Commission to report annually, on the basis of actual expenditure rather than estimates, to what degree the mainstreaming targets for climate and biodiversity are being met; Calls on the Commission to put forward a correction mechanism in case climate and biodiversity spending falls below the foreseen targets;
2020/03/04
Committee: BUDG
Amendment 196 #

2019/2213(BUD)

Motion for a resolution
Paragraph 11 c (new)
11 c. Reiterates its call for the phase-out of harmful subsidies and for coherence between all EU funds and programmes; Insists that projects and programmes which are inconsistent with the objective of limiting global warming to under 1.5oC,or with the objective of halting and reversing biodiversity loss, shall not be eligible for support under the EU budget, and shall be in line with the EU taxonomy framework for sustainable investment;
2020/03/04
Committee: BUDG
Amendment 204 #

2019/2213(BUD)

Motion for a resolution
Paragraph 11 d (new)
11 d. Insists that the MFF 2021-2027 exclude any direct or indirect support for fossil fuels and fossil-fuel related infrastructure, in the EU or abroad;
2020/03/04
Committee: BUDG
Amendment 205 #

2019/2213(BUD)

Motion for a resolution
Paragraph 11 e (new)
11 e. Calls for all infrastructure investments with an expected lifespan of more than 5 years to be in linked with the National Climate and Energy Plans, and in their planning prioritize of energy efficiency measures(Energy Efficiency First Principle) and the consideration of specific decarbonisation pathways compatible with the objective of limit global warming to under 1,5°C as well as resilience to adverse climate change impacts. Calls for the integration of all 3 scopes of GHG emissions in the mandatory cost-benefit analysis over the lifecycle of the project against the most likely baseline and the explicit consideration to avoid stranded assets;
2020/03/04
Committee: BUDG
Amendment 208 #

2019/2213(BUD)

Motion for a resolution
Paragraph 11 f (new)
11 f. Is particularly worried that the contribution of the Common Agricultural Policy(CAP) to climate spending has been grossly overestimated and is unrealistic, as highlighted by the European Court of Auditors; reiterates its call for the CAP to be fully in line with the EU's increased climate and biodiversity ambition; Calls on the Commission to analyse to what extent the current CAP reform proposal contributes to these commitments and for it to come forward with the necessary changes to ensure that the CAP and its implementation are coherent with, and contribute to, the Union's increased climate and biodiversity ambitions;
2020/03/04
Committee: BUDG
Amendment 211 #

2019/2213(BUD)

11 g. Calls on the Commission to urgently put forward a new CAP legislative package in order to ensure that it is fully compliant with Paris Climate Agreement as its budget repensent roughly half of the climate-related spending;
2020/03/04
Committee: BUDG
Amendment 213 #

2019/2213(BUD)

Motion for a resolution
Paragraph 11 h (new)
11 h. Reiterates that Parliament’s position for “do no harm” principle was set in its resolution on the European Green Deal1c in which, amongst other things, it welcomed the commitment by the Commission to ensure that all EU actions should help the EU achieve a sustainable future and a just transition, including the use of green budgeting tools, and to update the better regulation guidelines accordingly; _________________ 1c https://www.europarl.europa.eu/doceo/doc ument/TA-9-2020-0005_EN.html
2020/03/04
Committee: BUDG
Amendment 215 #

2019/2213(BUD)

Motion for a resolution
Paragraph 11 i (new)
11 i. Reiterates that Parliament’s position for “financing the European Green Deal” was set in its resolution on the European Green Deal in which it stressed the instrumental role of the 2021- 2027 multiannual financial framework (MFF) for the delivery of the European Green Deal and the urgent need for another quantum leap in political and financial efforts, including new budgetary appropriations, in order to achieve its objectives, as well as a just transition towards a carbon-neutral economy based on the highest social justice criteria so that no one and nowhere is left behind; and it expected the budgetary means over the next financial programming period to be commensurate with this ambition, while stressing that a reduced MFF would obviously represent a step backwards;
2020/03/04
Committee: BUDG
Amendment 217 #

2019/2213(BUD)

Motion for a resolution
Paragraph 11 j (new)
11 j. Calls for the implementation of gender budgeting by assigning budget allocations taking into account a gender- responsive evaluation of the previous budgetary period and ensuring equal participation in the budgetary process; stresses that gender budgeting also requires linking the budget to gender equality objectives defined in each policy area, tracing spending on gender equality and ensuring agender-sensitive review of the programmes and spending to adjust them in the following period;
2020/03/04
Committee: BUDG
Amendment 220 #

2019/2213(BUD)

Motion for a resolution
Paragraph 11 k (new)
11 k. Is convinced that any legal person who is a beneficial owner of legal entities receiving funds from the EU budget shall be prohibited from receiving any funds from the existing as well as the future European budget under the rules of this Regulation on Multinannual Financial Framework for 2021-2017, including direct agricultural payments and any disbursements, expenditures, guarantees or other benefits dealt with therein if s/he is in a clear conflict of interests as defined in Art. 61 of Financial Regulation (EU) 1046/2018;
2020/03/04
Committee: BUDG
Amendment 236 #

2019/2213(BUD)

Motion for a resolution
Paragraph 13 a (new)
13 a. Considers that the EU budget’s revenue side shall be seen as a tool for the achievement of EU policies; believes that new green and single market-related own resources would be complementary to the European Green Deal’s strategy for climate and environment protection and fair taxation objectives respectively;
2020/03/04
Committee: BUDG
Amendment 237 #

2019/2213(BUD)

Motion for a resolution
Paragraph 13 b (new)
13 b. Deplores the recurring political dramas caused by the overwhelming share of national GNI contributions in the own resources system; considers, therefore, that their share should decrease to fulfil their balancing role only;
2020/03/04
Committee: BUDG
Amendment 238 #

2019/2213(BUD)

Motion for a resolution
Paragraph 13 c (new)
13 c. Recalls that the European Parliament will not give its consent to the MFF without an agreement on the reform of the EU own resources system, including the introduction of a basket of new own resources; underlines, therefore, that the 2021 budget will have to be financed through new additional own resources in order to avoid damaging political consequences;
2020/03/04
Committee: BUDG
Amendment 242 #

2019/2213(BUD)

Motion for a resolution
Paragraph 14
14. Reiterates its demand for a contingency plan to protect beneficiaries and ensure continuity of funding in the event that the current MFF needs to be extended beyond 2020; demands that the Commission present such a plan without delay, includingproposing either the prolongation of the legal bases where relevant or to propose how to reallocate the new set of programmes under the extended and automatically adjusted MFF ceilings;
2020/03/04
Committee: BUDG
Amendment 6 #

2019/2028(BUD)

Motion for a resolution
Paragraph 2
2. Reiterates Parliament’s view that the 2020 Union budget should pave the way to the 2021-2027 Multiannual Financial Framework (MFF) and provide a solid starting point for the launch of the new generation of EU programmes and policies; recalls, moreover, that 2020 is the last year of the current MFF and, therefore, the last chance for the Union to come closer to meeting the political commitments set for this period, including towards reaching the EU climate target and implementing the UN Sustainable Development Goals (SDGs); underlines that the budget 2020 should preparerecalls that in 2011, José Manuel Barroso, the former President of the European Commission, presented a 2014-2020 MFF including 'at least 20 %' of climate-related spending over the financial period; recalls that according to the European Commission we are around 19,6 % of climate related spending over that period and that additional EUR 3,5 billion climate-related spending would be needed in 2020 in order to reach the 20 % target, and more to go beyond, in line with the orignal proposal of 'at least 20 %'; underlines that 21,0 % of the total commitments in the draft budget for 2020 are climate- related; stresses that every effort should be made to ensure that the overall Union budget target will be reached by the end of 2020; proposes, therefore, that margins should be used in the budget 2020 in order to achieve the EU climate targets; underlines that the budget 2020 should play a crutial role in preparing the Union for an even more ambitious climate target in the 2021-2027 MFF;
2019/10/08
Committee: BUDG
Amendment 11 #

2019/2028(BUD)

Motion for a resolution
Paragraph 2 a (new)
2 a. Reiterates its call to have more ambitious climate mainstreaming, to be set at 40 %, improved climate action tracking methodology and proofing in the next MFF period, and their alignment with the Paris Agreement and Union climate action goals; insists that the next MFF should rely on robust methodology, set up in line with internationally established methodologies, in order to track climate action funding and to avoid the risk of overestimation of climate action;
2019/10/08
Committee: BUDG
Amendment 16 #

2019/2028(BUD)

Motion for a resolution
Paragraph 4
4. Strongly believes that it is imperative to rise to the climate challenge in a way that boosts employment, reduces inequalities and strengthens competitiveness while using the resources most efficiently and effectively to meet the EU's obligations under the Paris Agreement; welcomes the powerful calls for action made by EU leaders at the recent UN climate change summit and the commitments made recently by several Member States to ramp up spending in areas such as energy efficiency and transport and energy infrastructuretowards reaching, amongst others a fully renewable based, highly energy efficient energy system, energy efficiency and a sustainable transport infrastructure in line with the EU's target to reach a carbon- neutral economy by 2050 at the latest;
2019/10/08
Committee: BUDG
Amendment 25 #

2019/2028(BUD)

Motion for a resolution
Paragraph 5
5. Proposes, therefore, a 2020 Union budget that makes an important contribution to tackling environmental challenges and climate change and offsets as much as possible the existing backlog towards reaching the target of 20 % of climate-related Union expenditure for the period 2014-2020 not only as a matter of climate emergency but also to give a strong political signal for the negotiations of the next MFF in line with the European Green Deal, as presented in the political guidelines of the next European Commission; proposes a significant reinforcement by more than EUR 2 billion above DB levels for budget lines across different Headings, and predominantly in Subheading 1a, which make a high contribution towards the climate- expenditure target; carefully targets those reinforcements towards lines that have an excellent implementation rate and the operational capacity to absorb the additional appropriations in 2020;
2019/10/08
Committee: BUDG
Amendment 58 #

2019/2028(BUD)

Motion for a resolution
Paragraph 12
12. Highlights the crucial role of the Connecting Europe Facility (CEF) in fostering the development of a high- performance trans-European network that is sustainable and interconnected across the areas of transport, with a special focus on the rail network including night trains, energy and ICT infrastructure and significantly contributes to the transition towards a climate-neutral society; proposes therefore to increase the funding for CEF- Transport and CEF- Energy by a total amount of EUR 545 million in commitment appropriations above DB levels;
2019/10/08
Committee: BUDG
Amendment 66 #

2019/2028(BUD)

Motion for a resolution
Paragraph 13 a (new)
13 a. Calls for adequate resources for the European Supervisory Authorities (ESAs) in view of their new tasks; emphasises that especially EBA should receive adequate funding in order to be able to fulfil its newly assigned role in the fight against money laundering and terrorist financing;
2019/10/08
Committee: BUDG
Amendment 69 #

2019/2028(BUD)

Motion for a resolution
Paragraph 14 a (new)
14 a. Recalls that sustainable growth and well-targeted investment are the key to creation of quality jobs and increased prosperity for all and that it is therefore necessary to direct the structural funds and investments more effectively towards promoting inclusive growth, reducing inequalities and boosting upward social convergence;
2019/10/08
Committee: BUDG
Amendment 72 #

2019/2028(BUD)

Motion for a resolution
Paragraph 15
15. UGiven that youth unemployment remains unacceptably high, at 14.2 % in April 2019, underlines the importance of reinforcing the employability of young people and is determined to ensure the proper funding for the YEI programme in the last year of the current MFF; underlines the need to accelerate the implementation of this programme and to further improve its efficiency, so as to ensure that it brings more European added value to national employment policies; proposes therefore an increase of EUR 363,3 million above DB levels in commitment appropriations for the YEI;
2019/10/08
Committee: BUDG
Amendment 82 #

2019/2028(BUD)

Motion for a resolution
Paragraph 18
18. INotes with concern that only 8,3 % of total commitments are related to reversing the decline in biodiversity again, which is the lowest ratio since 2015, despite the unprecedented and accelerating species extinction rate observed; calls for sufficient increases and traceable resources to be allocated to ensure the long-term and coherent protection of biodiversity across the Union; insists that the next MFF should rely on a robust methodology, set up in line with internationally established methodologies, in order to track biodiversity and avoid the risk of overestimation of action towards biodiversity; therefore, in line with the overall priority to tackle climate change, focuses substantial increases worth EUR 233 million in commitment appropriations on budget lines pertaining to the LIFE+ programme in titles 7 and 34; expects the Commission to warrant the necessary absorption capacity for an effective use of these additional means;
2019/10/08
Committee: BUDG
Amendment 98 #

2019/2028(BUD)

Motion for a resolution
Paragraph 22 a (new)
22 a. Calls on the Commission to urgently create a fund aimed at supporting search and rescue operations in order to guarantee a strong SAR presence in the Mediterranean;
2019/10/08
Committee: BUDG
Amendment 110 #

2019/2028(BUD)

Motion for a resolution
Paragraph 27 a (new)
27 a. Calls for enhanced EU support for the viability of a two-state solution, the Palestinian Authority, civil society in both Israel and Palestine and the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA);
2019/10/08
Committee: BUDG
Amendment 118 #

2018/0135(CNS)

Proposal for a decision
Article 2 – paragraph 1 – subparagraph 1 – point e b (new)
(eb) the revenue generated by a EU- wide capital tax for people having a personal capital higher than EUR 2 million pursuant to Commission proposal […/…]; the actual call rate shall not exceed 100%;
2020/07/20
Committee: BUDG