Activities of Henrike HAHN
Plenary speeches (64)
Fair taxation in a digitalised and globalised economy - BEPS 2.0 (debate)
Situation in Iran and Iraq following recent escalations (debate)
Situation in Iran and Iraq following recent escalations (debate)
Revision of the guidelines for trans-European energy infrastructure - Objection pursuant to Rule 111: Union list of projects of common interest (debate)
Conclusions of the extraordinary European Council meeting of 23 April 2020 - New MFF, own resources and Recovery plan (debate)
Conclusions of the extraordinary European Council meeting of 17-21 July 2020 (continuation of debate)
The role of the European Supervisory Authorities in the Wirecard scandal (debate)
Fight against money laundering, following the FinCEN files (continuation of debate)
Sustainable Europe Investment Plan - How to finance the Green Deal (debate)
A new strategy for European SMEs (debate)
Forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region
The gender perspective in the COVID-19 crisis and post-crisis period - The EU Strategy for Gender Equality - Closing the digital gender gap: women’s participation in the digital economy (continuation of debate)
European Central Bank – annual report 2020 (debate)
Establishing the Recovery and Resilience Facility (debate)
InvestEU programme (debate)
Guidelines for the 2022 Budget – Section III (debate)
European Defence Fund (debate)
Just Transition Fund (debate)
Revised industrial strategy for Europe (debate)
State of the SMEs Union – Implementation of better regulation agenda / Reduction target for administrative burden (debate)
State of the SMEs Union – Implementation of better regulation agenda / Reduction target for administrative burden (debate)
Public sector loan facility under the Just Transition Mechanism (debate)
Financial activities of the European Investment Bank - annual report 2020 - Control of the financial activities of the European Investment Bank - annual report 2019 (debate)
Sustained price increase of raw and construction materials in Europe (debate)
The future of EU-US relations (debate)
General budget of the European Union for the financial year 2022 - all sections (debate)
The outcome of the EU-US Trade and Technology Council (TTC) (debate)
A European strategy for critical raw materials (debate)
2022 budgetary procedure: joint text (debate)
European Central Bank – annual report 2021 (continuation of debate)
Rising energy prices and market manipulation on the gas market (debate)
Batteries and waste batteries (debate)
Global approach to research and innovation: Europe’s strategy for international cooperation in a changing world (debate) (debate)
Revision of the EU Emissions Trading System - Social Climate Fund - Carbon border adjustment mechanism - Revision of the EU Emissions Trading System for aviation - Notification under the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (joint debate – Fit for 55 (part 1))
The human rights situation in Xinjiang, including the Xinjiang police files
Gas storage (debate)
Objection pursuant to Rule 111(3): Amending the Taxonomy Climate Delegated Act and the Taxonomy Disclosures Delegated Act (debate)
Implementation of the Updated New Industrial Strategy for Europe: aligning spending to policy (debate)
An EU approach for Space Traffic management - an EU contribution addressing a global challenge (debate)
REPowerEU chapters in recovery and resilience plans (debate)
REPowerEU chapters in recovery and resilience plans (debate)
Question Time (Commission) - Future legislative reform of the Economic Governance Framework in times of social and economic crisis
EU response to the US Inflation Reduction Act (debate)
Tackle the cost of living crisis: increase pay, tax profits, stop speculation (topical debate)
European Central Bank - annual report 2022 (debate)
Access to strategic critical raw materials (debate)
Revision of the EU Emissions Trading System - Monitoring, reporting and verification of greenhouse gas emissions from maritime transport - Carbon border adjustment mechanism - Social Climate Fund - Revision of the EU Emissions Trading System for aviation (debate)
The need for a coherent strategy for EU-China Relations (debate)
Impact on the 2024 EU budget of increasing European Union Recovery Instrument borrowing costs - Own resources: a new start for EU finances, a new start for Europe (debate)
This is Europe - Debate with the President of Cyprus, Nikos Christodoulides (debate)
Make Europe the place to invest (debate)
European Chips Act (debate)
State of the SME Union (debate)
Combating the normalisation of far-right and far-left discourses including antisemitism (debate)
Framework for ensuring a secure and sustainable supply of critical raw materials (debate)
Opening of negotiations of an agreement with the United States of America on strengthening international supply chains of critical minerals (debate)
SME Relief Package (debate)
Establishing the Strategic Technologies for Europe Platform (‘STEP’) (debate)
Outcome of the EU-US summit (debate)
Reducing regulatory burden to unleash entrepreneurship and competitiveness (topical debate)
Framework for ensuring a secure and sustainable supply of critical raw materials (debate)
European Economic Security Strategy (debate)
State of EU solar industry in light of unfair competition (debate)
Multiannual financial framework for the years 2021 to 2027 - Establishing the Ukraine Facility - Establishing the Strategic Technologies for Europe Platform (‘STEP’) (joint debate - multiannual financial framework revision)
Reports (2)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the public sector loan facility under the Just Transition Mechanism
REPORT on the mobilisation of the European Union Solidarity Fund to provide assistance to Germany, Belgium, the Netherlands, Austria, Luxembourg, Spain and Greece further to natural disasters that took place in these countries in the course of 2021
Shadow reports (21)
REPORT on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Union Solidarity Fund to provide assistance to Greece
REPORT on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Union Solidarity Fund to provide assistance to Portugal, Spain, Italy and Austria
REPORT on a new strategy for European SMEs
REPORT on strengthening the international role of the euro
REPORT on general guidelines for the preparation of the 2022 budget, Section III – Commission
REPORT on the Council position on the draft general budget of the European Union for the financial year 2022
REPORT on a European strategy for critical raw materials
REPORT on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Union Solidarity Fund to provide assistance to Croatia in relation to the series of earthquakes starting from 28 December 2020
REPORT on the European Central Bank – annual report 2021
REPORT on the Council position on Draft amending budget No 1/2022 of the European Union for the financial year 2022 - budgeting the impact for 2022 budget of the Adjustment of the multiannual financial framework in accordance with Article 7 of Council Regulation (EU, Euratom) 2020/2093 laying down the multiannual financial framework for the years 2021 to 2027
REPORT on the Council position on Draft amending budget No 3/2022 of the European Union for the financial year 2022 – financing reception costs of people fleeing Ukraine
REPORT on the implementation of the Updated New Industrial Strategy for Europe: aligning spending to policy
REPORT on the Council position on Draft amending budget No 2/2022 of the European Union for the financial year 2022 – Entering the surplus of the financial year 2021
REPORT on the Council position on Draft amending budget No 4/2022 of the European Union for the financial year 2022: update of revenue (own resources) and other technical adjustments
REPORT on the Council position on Draft amending budget No 5/2022 of the European Union for the financial year 2022 – Additional measures to address the consequences of the Russian war in Ukraine, Union Civil Protection Mechanism reinforcement, Reduction in payment appropriations and update of revenues, Other adjustments and technical updates
REPORT on the proposal for a Council regulation amending Regulation (EU) 2021/2085 establishing the Joint Undertakings under Horizon Europe, as regards the Chips Joint Undertaking
REPORT on the proposal for a regulation of the European Parliament and of the Council Establishing a framework of measures for strengthening Europe's semiconductor ecosystem (Chips Act)
REPORT on the proposal for a directive of the European Parliament and of the Council establishing a framework for the recovery and resolution of insurance and reinsurance undertakings and amending Directives 2002/47/EC, 2004/25/EC, 2009/138/EC, (EU) 2017/1132 and Regulations (EU) No 1094/2010 and (EU) No 648/2012
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/138/EC as regards proportionality, quality of supervision, reporting, long-term guarantee measures, macro-prudential tools, sustainability risks, group and cross-border supervision
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) 168/2013, (EU) 2018/858, 2018/1724 and (EU) 2019/1020
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the Strategic Technologies for Europe Platform (‘STEP’) and amending Directive 2003/87/EC, Regulations (EU) 2021/1058, (EU) 2021/1056, (EU) 2021/1057, (EU) No 1303/2013, (EU) No 223/2014, (EU) 2021/1060, (EU) 2021/523, (EU) 2021/695, (EU) 2021/697 and (EU) 2021/241
Opinions (2)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing the Just Transition Fund
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a Social Climate Fund
Shadow opinions (13)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing the Just Transition Fund
OPINION on the review of the European Union Solidarity Fund
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 851/2004 establishing a European Centre for disease prevention and control
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/794, as regards Europol’s cooperation with private parties, the processing of personal data by Europol in support of criminal investigations, and Europol’s role on research and innovation
OPINION on the effectiveness of Member States’ use of EU Solidarity Fund money in cases of natural disasters
OPINION on the New European Bauhaus
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) 1094/2010, (EU) 1095/2010
OPINION on the proposal for a Council directive restructuring the Union framework for the taxation of energy products and electricity (recast)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing the Union Secure Connectivity Programme for the period 2023-2027
OPINION on the proposal for a regulation of the European Parliament and of the Council on the European Union Drugs Agency
Opinion on the Commission proposal on fees and charges payable to the European Medicines Agency, amending Regulation (EU) 2017/745 of the European Parliament and of the Council and repealing Council Regulation (EC) No 297/95 and Regulation (EU) 658/2014 of the European Parliament and of the Council
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) 168/2013, (EU) 2018/858, 2018/1724 and (EU) 2019/1020
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing the Strategic Technologies for Europe Platform (‘STEP’) and amending Directive 2003/87/EC, Regulations (EU) 2021/1058, (EU) 2021/1056, (EU) 2021/1057, (EU) No 1303/2013, (EU) No 223/2014, (EU) 2021/1060, (EU) 2021/523, (EU) 2021/695, (EU) 2021/697 and (EU) 2021/241
Institutional motions (54)
MOTION FOR A RESOLUTION on the situation at the USA-Mexican border
MOTION FOR A RESOLUTION on the situation in Hong Kong
MOTION FOR A RESOLUTION on Russia, notably the situation of environmental activists and Ukrainian political prisoners
MOTION FOR A RESOLUTION on the state of implementation of the Union’s anti-money laundering legislation
MOTION FOR A RESOLUTION On Uganda, notably the proposed bill to impose capital punishment of homosexual acts
MOTION FOR A RESOLUTION on the criminalisation of sexual education in Poland
MOTION FOR A RESOLUTION on children’s rights on the occasion of the 30th anniversary of the UN Convention on the Rights of the Child
MOTION FOR A RESOLUTION on public discrimination and hate speech against LGBTI people, including LGBTI free zones
MOTION FOR A RESOLUTION on violations of human rights including religious freedom in Burkina Faso
MOTION FOR A RESOLUTION on The Russian "Foreign Agents" Law
MOTION FOR A RESOLUTION on the rule of law in Malta following the recent revelations surrounding the murder of Daphne Caruana Galizia
MOTION FOR A RESOLUTION on Nigeria, notably the recent terrorist attacks
MOTION FOR A RESOLUTION on Burundi, notably freedom of expression
MOTION FOR A RESOLUTION on India’s Citizenship (Amendment) Act, 2019
MOTION FOR A RESOLUTION on a common charger for mobile radio equipment
MOTION FOR A RESOLUTION on the gender pay gap
MOTION FOR A RESOLUTION on the EU priorities for the 64th session of the UN Commission on the Status of Women
MOTION FOR A RESOLUTION on Guinea Conakry, notably violence towards protesters
MOTION FOR A RESOLUTION on Child labour in mines in Madagascar
MOTION FOR A RESOLUTION on the PRC national security law for Hong Kong and the need for the EU to defend Hong Kong’s high degree of autonomy
MOTION FOR A RESOLUTION on mitigating the consequences of earthquakes in Croatia
MOTION FOR A RESOLUTION on the Human Rights Situation in Kazakhstan
MOTION FOR A RESOLUTION on Rwanda, the case of Paul Rusesabagina
MOTION FOR A RESOLUTION on the declaration of the EU as an LGBTIQ Freedom Zone
JOINT MOTION FOR A RESOLUTION on Chinese countersanctions on EU entities and MEPs and MPs
MOTION FOR A RESOLUTION Hong Kong, notably the case of Apple Daily
MOTION FOR A RESOLUTION on the repression of the opposition in Turkey, specifically the Peoples’ Democratic Party (HDP)
MOTION FOR A RESOLUTION on the human rights situation in Myanmar, including the situation of religious and ethnic groups
MOTION FOR A RESOLUTION The state law relating to abortion in Texas, USA
MOTION FOR A RESOLUTION on the rule of law crisis in Poland and the primacy of EU law
MOTION FOR A RESOLUTION Violations of fundamental freedoms in Hong Kong
MOTION FOR A RESOLUTION the rule of law and the potential approval of the Polish national Recovery Plan (RRF)
MOTION FOR A RESOLUTION on the human rights situation in Xinjiang, including the Xinjiang Police Files
MOTION FOR A RESOLUTION on the arrest of Cardinal Zen and the trustees of the 612 relief fund in Hong Kong
MOTION FOR A RESOLUTION on the US Supreme Court decision to overturn abortion rights in the United States and the need to safeguard abortion rights and women’s heath in the EU
MOTION FOR A RESOLUTION on the situation in the Strait of Taiwan
MOTION FOR A RESOLUTION Chinese government crackdown on the peaceful protests across the People’s Republic of China
MOTION FOR A RESOLUTION Myanmar, notably the dissolution of democratic political parties
MOTION FOR A RESOLUTION The deterioration of fundamental freedoms in Hong Kong, notably the case of Jimmy Laibuti
MOTION FOR A RESOLUTION on recent developments in the Serbia-Kosovo dialogue, including the situation in the northern municipalities in Kosovo
MOTION FOR A RESOLUTION The ongoing persecution of Falun Gong in China, notably the case of Mr Ding Yuande
MOTION FOR A RESOLUTION on the situation in Serbia following the elections
MOTION FOR A RESOLUTION on Russiagate: allegations of Russian interference in the democratic processes of the European Union
MOTION FOR A RESOLUTION The recent attacks on Christmas Eve in Plateau State in Nigeria
MOTION FOR A RESOLUTION on further repression against the democratic forces in Venezuela: attacks on presidential candidate Maria Corina Machado
MOTION FOR A RESOLUTION on the murder of Alexei Navalny and the need for EU action in support of political prisoners and oppressed civil society in Russia
MOTION FOR A RESOLUTION The case of Rocío San Miguel and General Hernandez Da Costa, among other political prisoners in Venezuela
MOTION FOR A RESOLUTION on the return of Romanian national treasure illegally appropriated by Russia
MOTION FOR A RESOLUTION The repressive environment in Afghanistan, including public executions and violence against women
MOTION FOR A RESOLUTION on new allegations of Russian interference in the European Parliament, in the upcoming EU elections and the impact on the Union
MOTION FOR A RESOLUTION on Iran’s unprecedented attack against Israel and the need for de-escalation and an EU response
MOTION FOR A RESOLUTION The new security law in Hong Kong and the cases of Andy Li and Joseph John
MOTION FOR A RESOLUTION Azerbaijan, notably the repression of civil society and the cases of Dr Gubad Ibadoghlu and Ilhamiz Guliyev
MOTION FOR A RESOLUTION on the proposed repeal of the law banning female genital mutilation in The Gambia
Oral questions (3)
Facial recognition and identification in publicly accessible spaces
State of play of Council negotiations on the Regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States
State of play of the Council negotiations on the regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States.
Written questions (16)
Conditions of detention and detainees’ fundamental rights in the European Union
Green Deal compatibility criteria for Projects of Common Interest
CRII and CRII+ in the light of the protection of the rights of persons with disabilities
TEN-E revision, TYNDP and 5th PCI list
Subsidising Estonia's oil shale industry with co-firing biomass does not merit state aid
Equivalence of European School results at national level
Recognition in Germany of European Baccalaureate results
Prosecution of NGOs in Greece
Renegotiation of the Energy Charter Treaty: alignment with the Paris Agreement before the 2021 COP and next steps envisaged by the EU
Energy Charter Treaty renegotiation: the EU’s position regarding fossil fuels protection, the Investor-State Dispute Settlement mechanism and public information
How to reach climate-neutral data centres by 2030
Transparency of contracts for COVID-19 vaccines
Providing support to tackle India’s COVID-19 public health emergency
Questions about China's rare earths export restrictions
Construction of a wall on the Polish-Belarusian border in the Białowieża Forest
The human rights situation in Xinjiang, including the Xinjiang police files
Amendments (1304)
Amendment 2 #
2023/0297(BUD)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the increasing number of severe and destructive natural disasters in Europe; underlines that due to climate change extreme weather events such as those observed in Romania and Italy resulting in emergencies are going to further intensify and multiply; stresses that the EUSF is only a curative instrument and that climate change primarily requires a preventive policy in line with the Union’s international commitments and the European Green Deal; urges the Union therefore to strengthen its efforts to tackle climate change both in the Union and globally;
Amendment 3 #
2023/0297(BUD)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights that the Solidarity and Emergency Aid Reserve (SEAR) is constantly exhausted and does therefore not enough to compensate the consequences of man-made and natural disasters particularly disasters related to climate change; questions on a fundamental level whether the fund is adequately adapted to the future consequences of climate change; regrets that the maximum amount available for that EUSF mobilisation is much lower than the potential aid amount that could be covered; reiterates that the available resources for EUSF should be increased substantially as part of the mid-term revision of the multiannual financial framework; urges the Commission to increase the budget of the SEAR in light of the magnitude and the recurrence of these kind of emergencies, particularly emergencies related to climate change;
Amendment 126 #
2023/0212(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) To address the need of a rapidly digitalising economy, the digital euro should support a variety of use cases of retail payments. Those use case include person to person, person to business, person to government, business to person, business to business, business to government, government to person, government to business, and government to government payments. In addition, the digital euro should also be able to fulfil future payments needs, and in particular machine to machine payment in the context of Industry 4.0 and payments in the decentralised internet (web3). TIn the future, the digital euro shwould not caterbe relevant also for payments between financial intermediaries, payment service providers and other market participants (that is to say wholesale payments), for which settlement systems in central bank money exist and where the use of different technologies is being further investigated by the Eurosystem. By offering a wide variety of uses cases, including online and offline payment options across Europe, a digital euro could be beneficial for both consumers and businesses. Intermediaries could be given the opportunity to offer innovative services based on the digital euro, and it could facilitate the rapid uptake of payment solutions in the euro area. In this sense, the digital euro could be a way to foster innovation, improve payment’s efficiency and support EU’s competitiveness.
Amendment 127 #
2023/0212(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) To address the need of a rapidly digitalising economy, the digital euro should support a variety of use cases of retail payments. Those use case include person to person, person to business, person to government, business to person, business to business, business to government, government to person, government to business, and government to government payments. In addition, the digital euro should also be able to fulfil future payments needs, and in particular machine to machine payment in the context of Industry 4.0 and payments in the decentralised internet (web3). The digital euro should notis Regulation is not intended to cater for payments between financial intermediaries, payment service providers and other market participants (that is to say wholesale payments), for which settlement systems in central bank money exist and where the use of different technologies is being further investigated by the Eurosystem. The European Central Bank might however work towards integration of the technologies used for the retail digital euro and a future wholesale digital euro.
Amendment 130 #
2023/0212(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In a context where cash alone cannot answer the needs of a digitalised economy, it is essential to support financial inclusion by ensuring universal, affordablfree of charge and easy access to the digital euro to individuals in the euro area, as well as its wide acceptance in payments. In this respect, Member States should ensure sufficient and effective access to public entities, in all their different regions, including urban and non-urban areas. Member States should determine the number and geographical distribution of entities on the basis of common indicators. Financial exclusion in the digitalised economy mayis already a reality and might further increase as private digital means of payments maydo not always specifically cater for vulnerable groups of the society or may not be suitable in some rural or remote areas without a (stable) communication network. According to the World Bank and the Bank for International Settlements, “efficient, accessible and safe retail payment systems and services are critical for greater financial inclusion”.24 That finding was further substantiated by the study on new Digital Payment Methods commissioned by the European Central Bank, which concluded that for the unbanked/underbanked/offline population, the most important features of a new payment method are easiness of use, not requiring technological skills, and to be secure and free of charge.25 A digital euro would offer a public alternative to private digital means of payments and support financial inclusion as it would be designed along these objectives, thus catering for free access, easiness of use and wide accessibility and acceptance. Member States should ensure a high level of quality of the support and advice provided and a service which is targeted to the needs of vulnerable consumers. Member States should assess the quality of advice on the basis of common indicators. __________________ 24 https://documents1.worldbank.org/curated/ en/806481470154477031/pdf/Payment- Aspects-of-Financial-Inclusion.pdf 25 Study on New Digital Payment Methods (europa.eu), March 2022. According to the World Bank, financial inclusion means that individuals have access to useful and affordable financial products and services that meet their needs – transactions, payments, savings, credit and insurance”.
Amendment 133 #
2023/0212(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In a context where cash alone cannot answer the needs of a digitalised economy, it is essential to support financial inclusion by ensuring universal, affordable and easy access to the digital euro to individuals in the euro area, as well as its wide acceptance in payments. Financial exclusion in the digitalised economy may increase as private digital means of payments may not specifically cater for vulnerable groups of the society or may not be suitable in some rural or remote areas without a (stable) communication network. According to the World Bank and the Bank for International Settlements, “efficient, accessible and safe retail payment systems and services are critical for greater financial inclusion”.24 That finding was further substantiated by the study on new Digital Payment Methods commissioned by the European Central Bank, which concluded that for the unbanked/underbanked/offline population, the most important features of a new payment method are easiness of use, not requiring technological skills, and to be secure and free of charge.25 A digital euro would offer a public alternative to private digital means of payments and support financial inclusion as it would be designed along these objectives, thus catering for free access, easiness of use and wide accessibility and acceptance. Member States should therefore ensure that the digital euro is made available through designated public entities, although payment service providers should also be able to distribute the digital euro. __________________ 24 https://documents1.worldbank.org/curated/ en/806481470154477031/pdf/Payment- Aspects-of-Financial-Inclusion.pdf 25 Study on New Digital Payment Methods (europa.eu), March 2022. According to the World Bank, financial inclusion means that individuals have access to useful and affordable financial products and services that meet their needs – transactions, payments, savings, credit and insurance”.
Amendment 137 #
2023/0212(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Large digital companies are developing rapidly in the payments sector. Two thirds of EU card payment transactions are run by non-EU companies today, and their market share is likely to increase in the coming years, highlighting an increased risk of market domination and dependence on foreign payment technologies which could have undesired implications for the European Union‘s strategic autonomy.
Amendment 138 #
2023/0212(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Future developments in digital payments may affect the role of the euro in retail payment markets both in the European Union and internationally. Many central banks around the world are currently exploring the issuance of central bank digital currencies (‘CBDCs’) and some countries have already issued a CBDC. In addition, so-called third country stablecoins not denominated in euro, could, if widely used for payments, displace euro denominated payments in the Union’s economy by satisfying demand for programmable payments (which are referred as conditional payments in the context of this Regulation), including in e- commerce, capital markets or industry 4.0. Furthermore, some large companies have announced or investigated the possibility to launch private tokenized money. A digital euro would therefore be important to maintain the role of the europublic money in the digital age.
Amendment 145 #
2023/0212(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Like euro banknotes and coins, the digital euro should be a direct liability of the European Central Bank or of the national central banks of the Member States whose currency is the euro towards digital euro users. The digital euro should be issued for an amount equal to the face value of the corresponding liability on the consolidated balance sheet of the European Central Bank and the national central banks of the Member States whose currency is the euro, in particular by converting payment service providers’ central bank reserves into digital euro holdings, to satisfy demand from digital euro users. To hold and use digital euros, digital euro users should only need to establish a contractual relationship withchoose a distributor for the digital euro to open digital euro payment accounts, which can be a payment services providers distributing the digital euro to open digital euro payment account or a public entity. Moreover, Member States should ensure full access to digital euro payment services through a public distributor, which might be a national central bank, and which should have the explicit mandate to promote inclusiveness. No account or other contractual relationship would be established between the digital euro user and the European Central Bank or the national central banks. Payment service provide. Distributors should manage the digital euro accounts of digital euro users on their behalf and provide them with digital euro payment services. Since payment service providersIn case of private distributors, since they are not a party to the direct liability held by digital euro users towards the European Central Bank and the national central banks of the Member States whose currency is the euro, and are acting on behalf of digital euro users, the insolvency of payment service providers would not affect digital euro users.
Amendment 148 #
2023/0212(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Like euro banknotes and coins, the digital euro should be a direct liability of the European Central Bank or of the national central banks of the Member States whose currency is the euro towards digital euro users. The digital euro should be issued for an amount equal to the face value of the corresponding liability on the consolidated balance sheet of the European Central Bank and the national central banks of the Member States whose currency is the euro, in particular by converting payment service providers’ central bank reserves into digital euro holdings, to satisfy demand from digital euro users. To hold and use digital euros, digital euro users should only need to establish a contractual relationship with payment service providers distributing the digital euro to open digital euro payment accounts. No account or other contractual relationship would be established between the digital euro user and the European Central Bank or the national central banks, without prejudice to the possibility of appointing the national central bank as the public entity of a Member State distributing the digital euro. Payment service providers should manage the digital euro accounts of digital euro users on their behalf and provide them with digital euro payment services. Since payment service providers are not a party to the direct liability held by digital euro users towards the European Central Bank and the national central banks of the Member States whose currency is the euro, and are acting on behalf of digital euro users, the insolvency of payment service providers would not affect digital euro users. Digital euro users would remain the only owners of, or holders of property interests in, the rights represented by digital euros, even though digital euro users would only be able to access and use their holdings through their respective payment service providers. Under no circumstances would the payment service provider become the owner of, or have any property interest in, the rights represented by digital euros upon the opening of the accounts for digital euro users.
Amendment 150 #
2023/0212(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The digital euro should be governed by the provisions of this Regulation. They may be supplemented by the delegated acts that the Commission is empowered to adopt pursuant to Articles 11, 34, 35, 36 and 38, and by the implementing acts that the Commission is empowered to adopt pursuant to Article 3714, 17, 33, 34, 35, 36, 37 and 38. In addition, within the framework of this Regulation and its delegated acts, the European Central Bank may adopt detailed measures, rules and standards pursuant to its own competences. Where such measures, rules and standards have an impact on the protection of individual’s rights and freedoms with regard to the processing of personal data, the European Central Bank should consult the European Data Protection Supervisor. To ensure legal certainty, the Regulation also clarifies that the digital euro is subject to Directive (EU) 2015/849 of the European Parliament and of the Council, of 20 May 2015, on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and to Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying transfers of funds, without prejudice to the adjusted anti-money laundering and counter terrorist financing framework laid down in this regulation for offline digital euro payment transactions. Digital euro payment transactions and the related payment services are also subject to Directive (EU) 2015/2366 of the European Parliament and of the Council, of 25 November 2015, on payment services in the internal market, as amended by Directive [please insert reference - proposal for a Directive of the European Parliament and of the Council on payment services and electronic money services in the internal market amending Directive 98/26/EC and repealing Directives 2015/2366/EU and 2009/110/EC - COM(2023) 366 final] which has provided that ‘funds’ include central bank money issued for retail use (i.e. banknotes, coins and central bank digital currencies), and to Regulation (EU) 2021/1230 on cross border payments.
Amendment 153 #
2023/0212(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Member States, their relevant authorities and payment service providers should deploy information and educational measures to ensure the necessary level of awareness and knowledge of the different aspects of the digital euro, including the benefits of its use as well as its characteristics relating to the protection and exercise of fundamental rights and freedoms.
Amendment 154 #
2023/0212(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The digital euro, as a central bank digital currency with the status of legal tender denominated in euro issued by the European Central Bank and national central banks of the Member States whose currency is the euro, as part of the Eurosystem, should be widely accessible, usable and accepted as a means of payment. Granting legal tender status to the digital euro should support its usability in payments across the euro area and thus also support the efforts to ensure the continued availability and accessibility of central bank money in its role of monetary anchor, as cash alone cannot address the needs of a rapidly digitalising economy. In addition, the mandatory acceptance of payments in digital euro as one of the main conditions of the legal tender status ensures that people and businesses benefit from a wide acceptance and have a real choice to pay with central bank money in a digital way and in a uniform manner throughout the euro area.
Amendment 157 #
2023/0212(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Since the digital euro requires the capacity to accept digital means of payment, imposing an obligation of mandatory acceptance of payments in digital euro on all payees could be disproportionate. To this end, exceptions to the mandatory acceptance of payments in digital euro should be provided for natural persons acting in the course of a purely personal or household activity. Exceptions to mandatory acceptance should also be provided for microenterprises, which are particularly important in the euro area for the development of entrepreneurship job creation and innovation, playing a vital role in shaping the economy. Union policies and actions should reduce regulatory burdens for enterprises of this size. Exceptions to mandatory acceptance should also be provided for non-profit legal entities which promote the public interest and serve the public good performing a variety of goals of societal interest, including equity, education, health, environmental protection and human rights. For microenterprises and non-profit legal entities, the acquisition of the required infrastructure and the acceptance costs would be disproportionate. They should therefore be exempted from the obligation to accept payments in digital euro. In such cases, other means for the settlement of monetary debts should remain available. Nevertheless, microenterprises and non-profit legal entities that accept comparable digital means of payment from payers should be subject to the mandatory acceptance of payments in digital euro. Comparable digital means of payment should include debit card payment or instant payment or other future technological solutions used at the point of interaction, but should exclude credit transfer and direct debit that are not initiated at the point of interaction. Microenterprises and non-profit legal entities that do not accept comparable digital means of payment or credit cards from their payers in settlement of a debt (e.g. they only accept euro banknotes and coins), but may use digital payments in settlement of a debt to their payees (e.g. they pay with credit transfers), should not be subject to the mandatory acceptance of payments in digital euro. Finally, a payee may also refuse a payment in digital euro if the refusal is made in good faith and if the payee justifies the refusal on legitimate and temporary grounds, proportionate to concrete circumstances beyond its control, leading to an impossibility to accept payments in digital euro at the relevant time of the transaction, such as a power outage in the case of online digital euro payment transactions, or a defective device in the case of offline or online digital euro payment transactions.
Amendment 161 #
2023/0212(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to ensure that additional exceptions to the mandatory acceptance of the digital euro may be introduced at a later stage if they are required, for example due to technical specificities that may appear in the future, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the introduction of additional exceptions of a monetary law nature to the obligation to accept digital euro payment transactions, which would apply in a harmonised way across the euro area, taking into account any proposals from Member States to this end. The Commission may only adopt such exceptions if they are necessary, justified on grounds of general interest, proportionate, and preserve the effectiveness of the legal tender status of the digital euro, and if other public means of payments are available. The power of the Commission to adopt delegated acts for the introduction of additional exceptions to the obligation to accept digital euro payment transactions should be without prejudice to the possibility for Member States, pursuant to their own powers in areas of shared competence, to adopt national legislation introducing exceptions to the mandatory acceptance deriving from the legal tender status in accordance with the conditions laid down by the Court of Justice of the European Union in its judgment in Joined Cases C-422/19 and C-423/19.
Amendment 162 #
2023/0212(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) For the purpose of properly enforcing any holding limits on the use of the digital euro decided upon by the European Central Bank, when on-boarding digital euro users, or during ex-post checks where appropriate, payment service providers in charge of distributing the digital euro should verify whether their prospective or existing customer already has digital euro payment accounts. The European Central Bank may support payment service providers in performing the task of enforcing any holding limits, including by establishing alone or jointly with national central banks a single access point of digital euro user identifiers and the related digital eurodecentralised system based on secure multi-party computation to enforce holding limits. The European Central Bank should implement appropriate technical and organisational measures, including state-of-the-art security and privacy-preserving measures, to ensure that the identity of individual digital euro users cannot be linked with the information in the single access pointdecentralised system based on secure multi-party computation by entities other than payment service providers whose client or potential customer is the digital euro user. The European Central Bank should be controller to the extent that these activities require processing of personal data. When the European Central Bank establishes the single access pointdecentralised system based on secure multi-party computation together with the national central banks, they should be joint controllers.
Amendment 165 #
2023/0212(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The digital euro represents a public digital alternative to private digital money. Therefore, all users in the Union should have access to the digital euro through public intermediaries, without having to make use of a private intermediary. However, to support universal access to the digital euro by the general public in the euro area, and to foster innovation and a high level of competition in the retail payment market, all the relevant intermediaries should be able to distribute the digital euro. All account servicing payment service providers under Directive 2015/2366, including credit institutions, electronic money institutions, payment institutions, post office giro institutions which are entitled under national law to provide payment services, the European Central Bank and national central banks of Member States whose currency is the euro, as part of the Eurosystem, when not acting in their capacity as monetary authority or other public authorities, and Member States or their regional or local authorities when not acting in their capacity as public authorities should be able to provide digital euro payment accounts and the related digital euro payment services, regardless of their location in the European Economic Area. Crypto asset services providers regulated under Regulation 2023/1114 of the European Parliament and of the Council29 that are account servicing payment service providers under Directive 2015/2366 should also be allowed to distribute the digital euro. In accordance with Directive 2015/2366, account servicing payment service providers should be obliged to provide access to data on payment accounts to payment initiation and account information service providers based on Application Programming Interfaces (APIs), to allow them to develop and provide innovative additional services. __________________ 29 Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937, OJ L150, 9.6.2023, p. 40
Amendment 169 #
2023/0212(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) To ensure a wide usage of the digital euro, including for people who do not have a non-digital euro payment account, do not wish to open a digital euro payment account at a credit institution or at another payment service providers that may distribute the digital euro, or persons with disabilities, functional limitations or limited digital skills, and elderly persons, it is essential that public entities, including local or regional authorities, or postal offices, distribute the digital euro ensuring full and none-discriminatory access. For that purpose, Member States should designate entities that should carry out that task within their territory. Such entities, as payment services providers under Directive (EU) 2015/2366, should comply with the provisions of this Regulation, including Directive (EU) 2015/2366 and Directive (EU) 2015/849.
Amendment 170 #
2023/0212(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) To enable a wide usage of the digital euro and keep pace with innovation in digital payments, digital euro payment services should include basic and additional digital euro payment services. Basic digital euro payment services are payment, account or support services that are considered essential for the use of the digital euro by natural persons. If only one payment instrument is provided, it shall be a payment card. This includes inter alia the provision of at least one payment instrument to natural persons. Only account servicing payment service providers under Directive 2015/2366 should provide the entire set of basic digital euro services. In addition to these basic digital euro payment services, account servicing payment service providers and other payment service providers under Directive 2015/2366 may develop and provide additional digital euro payment services. Additional digital euro payment services include for instance conditional digital euro payment transactions like pay-per-use or payment initiation services. The digital euro infrastructure should facilitate the deployment of such optional services. To ensure transparency of charges applying to optional and value-added services, the relevant articles of the Payment Account Directive should apply.
Amendment 177 #
2023/0212(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) An unrestricted use of gradual introduction of the digital euro as a store of value could endangercontribute to financial stability in the euro area, w. With adverse effects on credit provision to the economy by credit institutions. This may require that the European C view to maintaining an equilibrium between bank deposits and central Bbank, with a view to ensuring the stability of the financial system, and money, the European Central Bank, in line with the principle of proportionality, might introduce temporary limits on the digital euro’s use as a store of value while guaranteeing the usability and acceptance of the digital euro as a legal tender instrument including without using the waterfall and reverse waterfall functionalities. The policy tools that could be used for this purpose include, but would not be restricted to, quantitative limits to individual digital euro holdings and limits to conversion of other categories of funds to digital euro in a specified timeframe. When deciding on the parameters, duration, and use of thesuch policy instruments referred to in paragraph 1, the European Central Bank should respect the principle of an open market economy with free competition, in accordance with Article 127(1) TFEUtake into account that any limit on digital euro holdings for each digital euro user implies lower privacy and a degree of personal data processing.
Amendment 182 #
2023/0212(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Limits should not be used to substitute for early intervention or other supervisory measures. Neither should such limits be imposed to address situations of individual credit institutions which competent resolution authorities or other relevant authorities would normally deal with by using tools and powers at their disposal, including suspensions of payment, moratoria, measures available under Directive 2013/36/EU, Directive 2014/59/EU or Regulation (EU) No 806/2014, or other similar measures which are aimed at restoring the viability, resolving the institution concerned or otherwise remedying the situation of financial distress. Additional limits of any sorts other than those laid down by ECB, should also not be imposed by payment service providers, even if they apply transaction or withdrawal limits on the regular bank accounts they offer.
Amendment 183 #
2023/0212(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Digital euro users should have the choice to use the digital euro either online or offline, or both, subject to the limits set respectively by the European Central Bank and by a Commission implementingdelegated act. The payment service providers should register and de-register the local storage devices for offline digital euro payment transactions of their customers. The payment service providers should only store the identifier of the local storage device used for offline digital euro for the duration of facilitating the provision of offline digital euro to their customers. The payment service providers should implement appropriate technical and organisational measures including state-of- the-art security and privacy- preserving measures to ensure that the identifier of the device of individual digital euro users cannot be used for other purposes other than for the purpose of the provision of offline digital euro.
Amendment 184 #
2023/0212(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The digital euro should allow for a smooth payment experience. Any instruments that the European Central Bank might employ to limit the digital euro’s store of value function should take this objective into account. Automated mechanisms that link a digital euro payment account with a non-digital euro payment account should allow for an uninhibited payment functionality of the digital euro, by ensuring that transactions are successfully executed in the presence of individual digital euro holding limits that may become binding on the payer’s or payee’s side. In particular, digital euro users should be able to initiate a digital euro payment transaction even though the amount of their digital euro holdings is inferior to the amount of the transaction, by automatically mobilising funds from a non- digital euro payment account to complement the transaction amount (‘reverse waterfall functionality’). Conversely, digital euro users should be able to receive digital euro payment transactions even though the amount of the transaction exceeds the limit set on their digital euro holdings, by automatically transferring funds in excess of the limit to a non-digital euro payment account (‘waterfall functionality’). Such payment functionalities should be expressly authorized by digital euro users. Where digital euro payment account held by one payment service provider is linked with non-digital euro payment account held by another payment service provider, they should enter into an arrangement specifying their respective roles and responsibilities under data protection rules, as well as agree on the security measures necessary to ensure secure transmission of personal data between the two payment service providers. Digital euro users should be able to decide not to link their digital euro payment account to a non- digital euro payment account.
Amendment 186 #
2023/0212(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) While instruments employed by the European Central Bank to limit an excessive use of the digital euro as a store of value aim at safeguarding financial stability and financial intermediation, they may nonetheless impact on and interact with the European Central Bank’s monetary policy stance. Such instruments would therefore need to be applied uniformly across the euro area in order to ensure the use of the digital euro as a single currency and the singleness of the monetary policy. Furthermore, a uniform application would be necessary to ensure a level playing field for payment service providers in the European single market or avoid an overly complex enforcement of any instrument through payment service providers on the basis of digital euro users’ residency. Within the framework of this Regulation, the digital euro should not bear interest for the purposes of primarily using the digital euro as a means of payment while limiting its use as a store of value, unless the ECB decides otherwise. Grounds for that decision might relate to improving the competitive position of the digital euro in comparison with other CBDCs or in comparison with credit institutions. The decision to remunerate the digital euro should be guided by the framework set out in this regulation.
Amendment 187 #
2023/0212(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) While instruments employed by the European Central Bank to temporarily limit an excessive use of the digital euro as a store of value aim at safeguarding financial stability and financial intermediationmaintaining an equilibrium between bank deposits and central bank money, they may nonetheless impact on and interact with the European Central Bank’s monetary policy stance. Such instruments would therefore need to be applied uniformly across the euro area in order to ensure the use of the digital euro as a single currency and the singleness of the monetary policy. Furthermore, a uniform application would be necessary to ensure a level playing field for payment service providers in the European single market or avoid an overly complex enforcement of any instrument through payment service providers on the basis of digital euro users’ residency. Within the framework of this Regulation, the digital euro should not bear interest for the purposes of primarily using the digital euro as a means of payment while limiting its use as a store of value.
Amendment 195 #
2023/0212(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) A maximum fee or charge should allow for free competition between intermediaries below that level. Fees or charges should not exceed the relevant costs incurred by payment service providers for the provision of digital euro payment services in relation to digital euro payment transactions, nor should such fees or charges exceed those requested for comparable digital means of payment. To ensure that fees and charges are uniform across the euro area and proportionate, the European Central Bank should regularly monitor their level and, on this basis, publish the corresponding amounts together with an explanatory report. A maximum fee or charge should allow for fre and transmit this information to the cCompetition between intermediaries below that level. Fees or charges should not exceed the relevant costs incurred by payment service providers for the provision of digital euro payment services imission. On this basis, the Commission should adopt, by means of delegated acts, the caps that are to apply. When prelation to digital euro payment transactions, which are objective elements, and may include a reasonable margin of profitparing the delegated acts, the Commission should consult the European Central Bank. For that purpose, the European Central Bank should use an estimate of the representative average cost and charges incurred by payment service providers across the euro area and should therefore. In order to carry out the technical work needed to transmit the necessary data to the Commission, the European Central Bank should be in a position to collect relevant data from payment service providers. The relevant costs for providing digital euro payment services in relation to digital euro payment transactions should be based on the costs incurred by a representative group of the most efficient payment service providers in a given year. Competent authorities designated by Member States should be responsible for ensuring compliance by payment service providers with these maximum fees or charges.
Amendment 203 #
2023/0212(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) The digital euro should support the programming of conditional digital euro payment transactions by payment service providers. The digital euro should, however, not be “programmable money”, which means units that, due to intrinsically defined spending conditions, can only be used for buying specific types of goods or services, or are subject to time limits after which they are no longer usable. The need for fungibility at par with the digital euro with euro banknotes, whose legal tender status is enshrined in the Treaty and euro coins would logically exclude any form of programmable money. Conditional payment transactions are payments which are automatically triggered by software based on pre-defined and agreed conditions. Conditional payments should not have, as object or effect, the use of digital euro as programmable money. Payment service providers could develop different types of logic to offer a range of conditional payment transactions to digital euro users, including automated payment transactions for placing or withdrawing digital euros, payment standing orders that trigger automatic payments of a specific amount on a specific date, and payments between machines where those machines are programmed to automatically trigger payments for their own spare parts upon ordering them, for charging and paying electricity at most favourable market conditions, for paying insurance, and leasing and maintenance fees on a usage basis.
Amendment 209 #
2023/0212(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) To facilitate a harmonised user experience, the digital euro rules, standards and processes that the European Central Bank may adopt pursuant to its own competences, should ensure that any digital euro user is able to carry out digital euro payment transactions with any other digital euro users across the euro area regardless of the payment service providers involved and the front-end services used. To reduce the fragmentation of the European retail payments market, and to support competition, efficiency and innovation in that market, and the development of payment instruments across the Union in keeping with the objective of the Commission’s retail payment strategy, the digital euro should be, to the extent possible, compatible with private digital payment solutions, building on functional and technical synergies. In particular, the European Central Bank should seek to ensure that the digital euro is compatible with private digital payment solutions at the point of interaction, and in person-to- person payments, where the fragmentation of the Union retail payments market is currently significant. The use of open standards, common rules and processes, and possibly shared infrastructures could support such compatibility. Specifically, the ECB should give preference to the use of open standards where such standards are available. While existing solutions may be leveraged where such solutions are deemed appropriate to ensure that compatibility, notably in view of minimising overall adaptation costs, such existing solutions should not create undue dependencies that could prevent adaptation of the digital euro to new technologies or would be incompatible with the digital euro features. In order to achieve these objectives, and without conferring any enforceable rights upon market operators, the European Central Bank should seek to ensure that the digital euro is compatible with private digital payment solutions on a best-effort basis and where deemed appropriate.
Amendment 210 #
2023/0212(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) To facilitate a harmonised user experience, the digital euro rules, standards and processes that the European Central Bank may adopt pursuant to its own competences, should ensure that any digital euro user is able to carry out digital euro payment transactions with any other digital euro users across the euro area regardless of the payment service providers involved and the front-end services used. To reduce the fragmentation of the European retail payments market, and to support competition, efficiency and innovation in that market, and the development of payment instruments across the Union in keeping with the objective of the Commission’s retail payment strategy, the digital euro should be, to the extent possible,fully and seamlessly compatible with private digital payment solutions, building on functional and technical synergies. In particular, the European Central Bank should seek to ensure that the digital euro is compatible with private digital payment solutions at the point of interaction, and in person-to- person payments, where the fragmentation of the Union retail payments market is currently significant. The use of open standards, common rules and processes, and possibly shared infrastructures could support such compatibility. While existing solutions may be leveraged where such solutions are deemed appropriate to ensure that compatibility, notably in view of minimising overall adaptation costs, such existing solutions should not create undue dependencies that could prevent adaptation of the digital euro to new technologies or would be incompatible with the digital euro features. In order to achieve these objectives, and without conferring any enforceable rights upon market operators, the European Central Bank should seek to ensure that the digital euro is compatible with private digital payment solutions on a best-effort basis and where deemed appropriate.
Amendment 211 #
2023/0212(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) To facilitate dispute resolution, the European Central Bank should provide payment service providers and digital euro users with technical and functional support for dispute resolution, related at least to technical and fraud, fraud and commercial (pre) disputes. Technical disputes include inter alia situations where the transaction amount differs, where there are duplicates, or where there is no authorization or pre- validation. Fraud disputes include inter alia situations of identity theft, merchant identity fraud, counterfeit goods. Commercial disputes include late or no delivery of goods and services or a lack of quality of the goods and services delivered and disputes arising during cancellation or withdrawal processes.
Amendment 214 #
2023/0212(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) To enable a smooth user experience, payment service providers that provide digital euro users with front-end services to access and use the digital euro should take care that digital euro users can quickly and easily access and use the digital euro. The front-end services developed by payment service providers should follow a clear branding developed by the European Central Bank that differentiates digital euro services from other payment services and conveys the public nature of the digital euro. In particular, digital euro payment accounts should be clearly labelled by the use of the official digital euro logo. Digital euro payment accounts should be accessed via one the main pages of the Internet website or an application, or any other front-end services, on an equal footing with non- digital euro payment accounts.
Amendment 216 #
2023/0212(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) Since payment service providers are not party to a digital euro payment transaction between twoDirective 98/26/EC of the European Parliament and of the Council33 is not applicable to the digital euro users,since digital euro payment transactions do not carry systemic risks and therefore do not warrant designation as a system as defined in Artusers are not exposed to the credit or liquidity risk of any payment servicle 2, point (a), of Directive 98/26/EC of the European Parliament and of the Council33. Dprovider at any stage of the settlement process and digital euro payment transactions should be settled in a matter of seconds and thereforewith no options tofor net should be allowed.ting. __________________ 33 Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment a
Amendment 217 #
2023/0212(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) For reasons of contractual freedom and to ensure competition, digital euro users should have the possibility to switch their digital euro payment accounts to different payment service providers free of charge. At the request of the digital euro users, payment service providers should then enable the switching of the digital euro payment accounts, while maintaining the same account identifidigital euro payment account numbers. In exceptional circumstances where a payment service provider is unable to perform this task, including due to having lost the relevant digital euro payment account-related data, the European Central Bank should be able to authorise the switching of digital euro payment accounts so that the new payment service provider designated by the digital euro user can retrieve the information about the digital euro holdings of the digital euro user and complete the switching without relying on the unavailable payment service provider. This process should allow a digital euro user to then continue accessing its digital euro holdings via the new designated payment service provider. The European Central Bank would not have any operational role in the switching on account both in both going concern situations and exceptional circumstances.
Amendment 222 #
2023/0212(COD)
Proposal for a regulation
Recital 73
Recital 73
(73) Payment service providers should be able to process personal data in so far as it is necessary to fulfil tasks that are essential to the proper functioning of the digital euro. In line with Article 6(1)(c) of Regulation (EU) 2016/679, processing activities should be considered lawful as regards the digital euro if and to the extent that they are necessary for compliance with a legal obligation to which the controller is subject pursuant to this Regulation. In the framework of this regulation, the processing of personal data for the purposes of the enforcement of holding limits, the initiation of the funding and de- funding of a user’s holdings, and the management of local storage devices for offline digital euro payments are tasks in the public interestcomplies with a legal obligation that areis essential for the protection of citizens making use of the digital euro as well as for the stability and integrity of the Union's financial system. Payment service providers will be the controller of personal data as regards these tasks. In addition, payment service providers may process personal data to comply with existing tasks in the public interest or for compliance with a legal obligation established in Union law that apply to funds defined in Directive (EU) 2015/2366. These tasks apply to the provision of payment services and the prevention and detection of fraud in accordance with Directive (EU) 2015/2366, combatting money laundering and terrorist financing in accordance with Directive (EU) 2015/849, the fulfilment of obligations related to taxation and tax avoidance, and the management of operational and security risks in line with Regulation (EU) 2022/255. No further processing of personal data should be allowed. This includes the access, storage and processing of data by third parties in the framework of open banking.
Amendment 225 #
2023/0212(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) Any processing of personal data to verify whether users are listed persons or entities pursuant to restrictive measures adopted in accordance with Article 215 TFEU should be in line with Regulation (EU) 2016/679 of the European Parliament and of the Council. Processing of the names and the payment account identifieruser aliases of natural persons is proportionate and necessary to ensure the compliance with restrictive measures adopted in accordance with Article 215 TFEU providing for asset freeze or prohibition of making funds or economic resources available.
Amendment 226 #
2023/0212(COD)
Proposal for a regulation
Recital 75
Recital 75
(75) Offline digital euro payment transactions are payments that occur in close physical proximity (“face-to-face”). They have similarities with transactions in cash and should be treated in a similar way in terms of privacy. In addition, for online digital euro payment transactions, a risk- based approach should be taken allowing for higher levels of privacy up to a monthly transaction limit. Payment service providers should therefore not process personal data related to offline digital euro payment transactions and online digital euro payment transactions up to a monthly transaction limit, but only personal data related to depositing or withdrawing digital euros from digital euro payment accounts to load them onto the local storage devices, or from the local storage devices into the digital euro payment accounts. This includes the identifier of the local storage devices which payment service providers attribute to a digital euro user that holds offline digital euro. That level of privacy would be comparable to withdrawals of banknotes at automatic teller machines when payment service providers process personal data related to a user’s identity and data pertaining to how funding and defunding transactions have been carried out. That means that no transaction data monitoring should occur for offline digital euro payment transactions and no transaction data should be stored on the local storage device. For online payments, no transaction data monitoring should occur up to a monthly transaction limit.
Amendment 227 #
2023/0212(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) The European Central Bank and national central banks may process personal data in so far as it is necessary to fulfil tasks that are essential to the proper functioning of the digital euro. In the framework of this regulation, the processing of personal data for the purposes of the settlement of digital euro payment transactions and the management of the security and integrity of the digital euro infrastructure are tasks in the public interest that are essential for the protection of citizens making use of the digital euro as well as for the stability and integrity of the Union's financial system. The legal basis for processing of personal data is therefore provided for in Article 6(1)(e) of Regulation (EU) 2016/679 for national banks and Article 5(1)(a) of Regulation (EU) 2018/1725 for the European Central Bank. The task of maintaining the security and integrity of digital euro infrastructure includes activities related to ensuring the stability and operational resilience of the digital euro. The European Central Bank and national central banks would be the controller of personal data as regards these tasks. The European Central Bank and national central banks would process personal data for these tasks using state-of- the-art security and privacy-preserving measures, such as pseudonymisation or encryption, to ensure that data cannot be used to directly identify a specific digital euro user..
Amendment 228 #
2023/0212(COD)
Proposal for a regulation
Recital 77
Recital 77
(77) For the purpose of enforcing the holding limits and ensuring the exceptional switching of digital euro payment accounts in emergency situations upon the request of the digital euro user, a single access pointdecentralised system based on secure multi-party computation of digital euro user identifiers and the related digital euro holding limits is necessary to ensure the efficient functioning of the digital euro across the entire euro area, as digital euro users may hold digital euro payment accounts in different Member States. When establishing the single access pointdecentralised system based on secure multi-party computation, the European Central Bank and national central banks should ensure that the processing of personal data is minimised to what is strictly necessary and that data protection by design and by default is embedded. The European Central Bank and national central banks should consider, where appropriate and to minimise the risk of data breaches, the use of decentralised data storage .
Amendment 230 #
2023/0212(COD)
Proposal for a regulation
Recital 78
Recital 78
(78) With its package on the prevention of the use of the financial system for the purposes of money laundering and terrorist financing, adopted by the Commission on 21 July 202138 , (‘AML-package’), the Commission has proposed to significantly strengthen anti-money laundering (‘AML’) rules across the Union. In keeping with that objective and to ensure an effective application of AML/CFT requirements to the digital euro, this Regulation should provide that online digital euro payment transactions are subject to AML/CFT requirements laid down in Directive (EU) 2015/849. above a monthly transaction limit. __________________ 38 Proposal for a regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (COM/2021/420 final); Proposal for a Directive establishing the mechanisms that Member States should put in place to prevent the use of the financial system for ML/TF purposes, and repealing Directive (EU) 2015/849 ( COM/2021/423 final); Proposal for a Regulation creating an EU Authority for anti-money laundering and countering the financing of terrorism (‘AMLA’) (COM/2021/421 final); and Proposal for the recast of Regulation (EU) 2015/847 expanding traceability requirements to crypto-assets (COM/2021/422 final)
Amendment 231 #
2023/0212(COD)
Proposal for a regulation
Recital 80
Recital 80
(80) In contrast to offline digital euro payment transactions, online digital euro payment transactions are not limited to physical proximity transactions, and can be used to transfer funds at distance between digital euro users. For higher value online digital euro payment transactions, central bank digital currencies could present greater AML/CFT risks than cash as they would be acting as an instrument whose liquidity is similar to that of cash but without the limitations on portability that are implicit in cash. It should therefore be laid down that an online digital euro payment transaction is to be subject to Directive (EU) 2015/849 of the European Parliament and of the Council, and Regulation (EU) 2015/847 of the European Parliament and of the Council39 when the established monthly transaction limit is exceeded. __________________ 39 Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006 (OJ L 141, 5.6.2015, p. 1).
Amendment 232 #
2023/0212(COD)
Proposal for a regulation
Recital 83
Recital 83
(83) In order to ensure uniform conditions for the application of holding and transaction limits for offline proximity payments, implementingdelegated powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council40 . The examination procedurerocedure referred to in Article 38 should be used for the adoption of the implementingdelegated acts specifying the transaction and holding limits of the offline digital euro, given that those acts contributes to the fight against money laundering and terrorist financing. __________________ 40 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13), while ensuring to introduce a payment instrument that offers a similar level of privacy than cash.
Amendment 234 #
2023/0212(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
With a view to adaptpreserving the euro toavailability of public money amid technological changes and to ensuring itsthe use of the euro as a single currency, this Regulation establishes the digital euro and lays down rules concerning in particular its legal tender status, distribution, use, and essential technical features. It aims at contributing to financial stability through the establishment of a direct and fully guaranteed liability of a eurosystem central bank, and at improving financial inclusion throughout the Union.
Amendment 238 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. ‘digital euro payment transaction’ means an act, initiated by a payer or on his or her behalf, or by the payee, of placing, transferring or withdrawing digital euro, irrespective of any underlying obligations between the payer and the payee payment transaction as defined in Article 2, point (5) of Directive (EU) 2023/XXX [PSD3], where digital euros are the funds to be placed, transferred or withdrawn;
Amendment 240 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
4. ‘digital euro user’ means anyone making use of a digital euro payment service in the capacity of a holder, payer, payee, or both;
Amendment 241 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. ‘digital euro payment account’ means an account held by one or more digital euro users with a payment service providedistributor to access and hold digital euro recorded in the digital euro settlement infrastructure or in an offline digital euro device and to initiate or receive digital euro payment transactions, whether offline or online, and irrespective of technology and data structure;
Amendment 245 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
6a. ‘distributor’ means any entity, public or private, providing digital euro payment services;
Amendment 254 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
15a. ‘payment transaction data’ means data which is generated by a payment transaction within the processing limits laid down in Annexes III, IV and V;
Amendment 255 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25
Article 2 – paragraph 1 – point 25
25. ‘comparable digital means of payment’ means digital means payment, including debit card payment and instant payment at the point of interaction but excluding credit transfer and direct debit that are not initiatedstruments which may be used in a digital environment where the initiation takes place at the point of interaction;
Amendment 259 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
26. ‘switching’ means, upon a digital euro user’s request, transferring from one payment service provider to another either the information about all or some digital euro payment services, including recurring payments, executed on a digital euro payment account, or the digital euro holdings from one digital euro payment account to the other, or both, with or without closing the former digital euro payment account, while maintaining the same account identifidigital euro payment account number;
Amendment 266 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 27
Article 2 – paragraph 1 – point 27
27. ‘user identifier’ means a unique identifier created by a payment service provider distributing the digital euro that unambiguously differentiates, for online and offline digital euro purposes, digital euro users but that is not attributable to an identifiable natural or legal person by the European Central Bank and the national central banks;
Amendment 268 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
28. ‘user alias’ means a unique pseudonymous identifier such as the digital euro payment account number, which is unique to a give digital euro payment account, used to protect user’s identity when processing digital euro payments that can only be attributable to an identifiable natural or legal person by the payment service provider distributing the digital euro or by the digital euro user;
Amendment 273 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 31 a (new)
Article 2 – paragraph 1 – point 31 a (new)
31a. ‘local storage device’ is a device such as a physical card, a smartphone, or a point-of-sale terminal, allowing to store digital euros for the purpose of offline digital euro payment transactions.
Amendment 280 #
2023/0212(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The digital euro shall be a direct liability item in the balance sheet of the European Central Bank or of national central banks towards digital euro users. The digital euro holdings shall be the property of digital euro users and not of the payment services providers providing digital euro services.
Amendment 286 #
2023/0212(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The digital euro shall be governed by the provisions of this Regulation, supplemented by the delegated acts that the Commission is empowered to adopt pursuant to Articles 11, 14, 17, 33, 34, 35 and 38, and by the implementing acts that the Commission is empowered to adopt pursuant to Article 37, 36, 37 and 38. When drafting delegated acts pursuant to Articles mentioned in this paragraph, the Commission shall fully implement the principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 288 #
2023/0212(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Within the framework of this Regulation, the digital euro shall also be governed by the detailed measures, rules and standards that may be adopted by the European Central Bank pursuant to its own competences. Where these detailed measures, rules and standards have an impact on the protection of individuals’ rights and freedom with regard to the processing of personal data, the European Central Bank shall consult the European Data Protection Supervisor prior to their adoption. Such detailed measures, rules and standards shall fully implement the principles of data protection by design and by default, as defined in Regulation (EU) 2016/679, and shall implement privacy-enhancing technologies.
Amendment 289 #
2023/0212(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. The European Central Bank shall support the establishment of a digital rulebook development group. Its membership rules and internal organisation should include representatives of the stakeholders that will be impacted by the digital euro, including users, payment services providers, and merchants, as well as professionals from the public and private sector with experience in finance and payments. The Rulebook Development Group will work on the basis of the design decisions taken by the Governing Council as regards the digital euro programme. It will report to the Chair of the Rulebook Development Group, who will, in turn, report directly to the Digital Euro Programme Manager.
Amendment 290 #
2023/0212(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Directive (EU) 2015/2366 of the European Parliament and of the Council, of 25 November 2015, on payment services in the internal market, as replaced by Regulation (EU) [please insert reference – proposal for a Regulation on payment services in the internal market and amending Regulation (EU) No 1093/2010 - COM(2023) 367 final] and Directive (EU) [please insert reference – proposal for a Directive on payment services and electronic money services in the internal market - COM/2023/366 final], shall govern the supervision by competent authorities, the sanctions regime and supervisory arrangements between the competent authorities of the home Member States and of the host Member States, concerning compliance by Payment Services Providers of their obligations pursuant to Chapters IV, V, VI and VII of this Regulation.
Amendment 291 #
2023/0212(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC [General Data Protection Regulation] and Regulation (EU) 2018/1725 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC [EUDPR] shall govern the supervision by competent authorities, the sanctions regime and supervisory arrangements between the competent authorities of the home Member States and the host Member States, concerning compliance by data controllers of their obligations pursuant to Chapter VIII of this Regulation.
Amendment 296 #
2023/0212(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) where the payee is a an enterprise which employs fewer than 10 persons or whose annual turnover or annual balance sheet total does not exceed EUR 2 million, or is a non-profit legal entity as defined in in Article 2, point (18), of Regulation (EU) 2021/695 of the European Parliament and of the Council44 , unless it accepts comparable digital means of payment; or credit cards; __________________ 44 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013 (OJ L 170, 12.5.2021, p. 1).
Amendment 308 #
2023/0212(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 38 to supplement this Regulation by identifying additional exceptions of a monetary law nature to the principle of mandatory acceptance. Those exceptions shall be justified by an objective of public interest and proportionate to that aim, shall not undermine the effectiveness of the legal tender status of the digital euro, and shall only be permitted provided that other public means for the payment of monetary debts are available. When preparing those delegated acts, the Commission shall consult the European Central Bank.
Amendment 310 #
2023/0212(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a Compatibility digital euro and commercial bank money The digital euro shall be fully and seamlessly compatible with commercial bank accounts.
Amendment 311 #
2023/0212(COD)
Proposal for a regulation
Article 12 b (new)
Article 12 b (new)
Article 12b Distribution Member States shall ensure that natural and legal persons residing or established in the Member States whose currency is the euro shall have access to digital euros through public intermediaries as set out in Article 14 (3), which will act as a distributor of the digital euro.
Amendment 312 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Amendment 333 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 2
Article 13 – paragraph 4 – subparagraph 2
For the purpose of points (a) and (b), and upon prior approvalermission by the digital euro users, payment service providers shall link each digital euro payment account to a single non-digital euro payment account designated by the digital euro users. Digital euro users shall be allowed to have that designated non-digital euro payment account with a different payment service provider than the one where a given digital euro payment account is held or decide not to link a non-digital euro account at all.
Amendment 336 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4a. Where an online digital euro payment transaction is initiated by a digital euro user, whether funded by a non-digital euro payment account or not, the following shall apply: (a) the payment service provider providing the digital euro payment account shall perform the strong authentication of the digital euro user in accordance with Article 97 paragraph 1 of Directive EU 2015/2366; (b) in case of unauthorized payment transaction, the payment service provider providing the digital euro payment account shall be liable in accordance and within the conditions set out in Articles 72 and 73 of Directive 2015/2366 of 25 November 2015 on payment services in the internal market. Accordingly, and where applicable, it shall refund the digital euro user the amount of the unauthorised payment transaction on the debited digital euro payment account and on the debited non-digital euro payment account; (c) the digital euro user shall address his complaint only to the payment service provider providing the digital euro account, without any recourse to the payment service provider providing the non-digital euro payment account.
Amendment 340 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. For the purpose of digital euro payment services, digital euro users shall only enter into a contractual relationship with PSPs. Digital euro users shall not have any contractual relationship with the European Central Bank or the national central banks. This is without prejudice to the possibility of appointing the national central bank as the public entity of a Member State distributing the digital euro.
Amendment 343 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 6 a (new)
Article 13 – paragraph 6 a (new)
6a. In case a payment service provider providing digital euro payment services enters into insolvency or other similar proceedings, the digital euro holdings of digital euro users would not be affected.
Amendment 348 #
2023/0212(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. For the purpose of distributing the digital euro to natural persons referred to in Article 13(1)(a), credit institutions that provide payment services as referred to in points (1), (2) or (3) of Annex I to Directive (EU) 2015/2366 shall, upon request of their clients, provide those persons with all basic digital euro payment services as referred to in Annex IIrticle 14a. The Commission is empowered to adopt delegated acts in accordance with Article 38 to supplement this Regulation by identifying additional basic digital euro payment services and further specifying the scope of existing basic digital euro payment services.
Amendment 355 #
2023/0212(COD)
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. Member States shall designate the authorities referred to in Article 1, point (f), of the Directive (EU) 2015/2366, national central banks referred to in Article 1, point (e) of that Directive, or post office giro institutions referred to in Article 1, point (c), of theat Directive (EU) 2015/2366, to:
Amendment 359 #
2023/0212(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) provide basic digital euro payment services to natural persons referred to in Article 13(1)(a) that do not hold or do not wish to hold a non-digital euro payment accountonline and face-to-face in physical proximity;
Amendment 362 #
2023/0212(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
(b) provide basic digital payment services and provide digital inclusion support provideonline and face-to-face in physical proximity, including to persons with disabilities, functional limitations or limited digital skills, and elderly people.
Amendment 363 #
2023/0212(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Payment service providers referred to in paragraphs 1 to 3 shall provide digital inclusion support, including to persons with disabilities, functional limitations or limited digital skills, and elderly persons. Without prejudice to paragraph 3, point (b), digital inclusion support shall comprise a dedicated assistance for onboarding to a digital euro account and using all basic digital euro services.
Amendment 364 #
2023/0212(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. TBy [one year after the adoption of this Regulation], the European Banking Authority shall, after consulting all relevant stakeholders, including the anti- money laundering authority of the Union (‘AMLA’) established under Regulation (EU) [please insert reference - proposal for a Regulation creating an EU Authority for anti-money laundering and countering the financing of terrorism (‘AMLA’) - COM/2021/421 final)] and the European Banking Authority shall jointly issue guideline, develop draft regulatory technical standards specifying the interaction between AML/CFT requirements and the provision of basic digital euro payment services with a particular focus on financial inclusion of vulnerable groups including asylum seekers or beneficiaries of international protection, individuals with no fixed address or third country nationals who are not granted a residence permit but whose expulsion is impossible for legal or factual reasons. Those regulatory technical standards shall not imply that payment service providers register the status of potential digital euro users, including as asylum seeker or beneficiary of international protection or individual with no fixed address or third country national who is not granted a residence permit, but whose expulsion is impossible for legal or factual reasons. 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.
Amendment 367 #
2023/0212(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14a Basic digital euro payment services Basic digital euro payment services for natural persons shall consist of: (a) opening, holding, and closing and switching of a digital euro payment account; (b) consulting balances and transactions; (c) funding and defunding from a non-digital euro payment account; (d) funding and defunding from/into cash; (e) initiation and reception of digital euro payment transactions by means of an electronic payment instrument, to the exclusion of conditional digital euro payment transactions other than standing orders and direct debits, in the following use cases: – person-to-person people digital euro payment transactions; – point-of-interaction digital euro payment transactions, including point-of- sale and e-commerce; – government-to-person and person- to-government digital euro payment transactions. (f) digital euro payment transactions referred to in Article 13(4); (g) provision of at least one electronic payment instrument, one of which shall be a payment card, for the execution of digital euro payment transactions such as referred to in letter (e); (h) provision of digital inclusion support under Article 14; and (i) access to the dispute mechanism under Article 27.
Amendment 378 #
2023/0212(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. With a view to enabling natural and legal persons to access and use digital euro, to defining and implementing monetary policy and to contributing to the stability of the financial systemAs the digital counterpart of cash money, the digital euro shall be available as a store of value and as a means of payment. However, the use of the digital euro as a store of value may be subject to proportionate, temporary and duly justified limits.
Amendment 393 #
2023/0212(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. For the purpose of Article 15(1), the European Central Bank shallmay develop instruments to limit the use of the digital euro as a store of value and shall decide on their parameters, duration, and use, in accordance with the framework set out in this Article. PSPs providing account servicing payment services within the meaning of Directive 2015/2366 to natural and legal persons referred to in Article 12(1) shall apply these limits to digital euro payment accounts.
Amendment 396 #
2023/0212(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. The holding limit referred to in paragraph 1 shall be high enough to encourage the uptake of the digital euro and shall be gradually phased out until completely lifted.
Amendment 397 #
2023/0212(COD)
Proposal for a regulation
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. The parameters, duration, and use of the instruments referred to in paragraph 1 shall:
Amendment 400 #
2023/0212(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point b
Article 16 – paragraph 2 – point b
(b) ensure the usability and acceptance of the digital euro as a legal tender instrument, including without using the waterfall and reverse waterfall functionalities;
Amendment 404 #
2023/0212(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point c
Article 16 – paragraph 2 – point c
(c) respect the principle of proportionality, including in view of data protection and privacy objectives.
Amendment 410 #
2023/0212(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The European Central Bank shall publicly report on how it applied the parameters and use of the instruments referred to in paragraph 1, which shall be applied in a non-discriminatory manner and uniformly across the euro area. It shall also communicate on the duration of the envisaged phase-out path of the holding limits.
Amendment 423 #
2023/0212(COD)
Proposal for a regulation
Article 16 – paragraph 7 a (new)
Article 16 – paragraph 7 a (new)
7a. Payment service providers shall not impose additional holding, transaction or withdrawal limits on its digital euro accounts.
Amendment 424 #
2023/0212(COD)
Proposal for a regulation
Article 16 – paragraph 8
Article 16 – paragraph 8
Amendment 458 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. For the purposes of Article 15(2), payment service providers shall not charge flat fees to merchants and public sector entities that would only apply in respect of the acceptance of digital euro.
Amendment 459 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 2 b (new)
Article 17 – paragraph 2 b (new)
2b. For the purpose of Article 15(2) and to ensure the widest possible acceptance of the digital euro, low value payments beneath a certain limit shall carry no merchant service charge or inter-PSP fee. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 to set such limits.
Amendment 461 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The European Central Bank shall regularly monitor the information that is relevant for the purposes of the calculation of the amounts referred to in paragraph 2, and publish periodically the amounts resulting from that monitoring with an explanatory report and transmit to the Commission the underlying calculations.
Amendment 467 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The European Central Bank may require payment service providers to provide all information necessary for the application of this Article and to verify compliance with it. Any information requested shall be sent by payment service providers within the time limit set by the European Central Bank. The European Central Bank mayshall require that such information is certified by an independent auditor.
Amendment 469 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. Where the information referred to in paragraph 4 concerns personal data, the European Central Bank shall require only the data that is strictly necessary for the purposes of the processing, and in full implementation of the principle of data minimisation. The requests for information by the ECB shall always be in writing, reasoned and occasional, and shall not concern the entirety of a filing system or lead to the interconnection of filing systems.
Amendment 472 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 5 – introductory part
Article 17 – paragraph 5 – introductory part
5. The methodology to be developed by the European Central Bank for the monitoring and the calculations of the amounts referred to in paragraphs 2 and 3Commission shall be empowered to adopt delegated acts in accordance with Article 38 to set the maximum levels of the merchant service charge and inter-PSP fees referred to in paragraph 2, using a methodology it shall develop after verifying that the amounts calculated by the European Central Bank are aligned with the methodology it has adopted. The methodology shall be based on the following parameters:
Amendment 477 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 5 – point a
Article 17 – paragraph 5 – point a
(a) the amount of inter-PSP fees and merchant service charges as referred to in paragraph 2(a) shall be based on the relevant costs incurred for providing digital euro payment services by the most cost- efficient payment service providers representing collectively one fourth of digital euro distributed across the euro area in a given year, as reported to the European Central Bank by payment service providers, including a reasonable margin of profit;
Amendment 485 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 5 – point c
Article 17 – paragraph 5 – point c
(c) the amount of inter-PSPs fees and merchant service charges as referred to in paragraph 2(b) shall be based on a representative group of payment services providersthe relevant costs incurred for providing comparable digital means of payment in the euro area by the most cost-efficient payment service provider in a given year, as reported to the European Central Bank by payment service providers;
Amendment 489 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. No inter-PSP distributor fee shall apply to the funding and defunding of the digital euro, including digital euro payment transactions referred to in Article 13(4).
Amendment 494 #
2023/0212(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17a Comparability of fees for optional and value-added services 1. For optional and value-added services Article 3, 4, 5 paragraph 3, 4 and 5, Article 6, 7 and 8 of the Directive 2014/92/EU on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features shall apply to digital euro accounts. 2. Without prejudice to Articles 47 and 48 of Directive 2007/64/EC and Article 12 of Directive 2008/48/EC, Member States shall ensure that payment service providers provide the consumer, at least annually and free of charge, with a statement of all fees incurred for optional and value-added services linked to a digital euro account. Where applicable, payment service providers shall use the standardised terms set out in the final list referred to in Article 3(5) of the Directive 2014/92/EU. The communication channel used to provide the statement of fees shall be agreed with the consumer. The statement of fees shall be provided on paper at least upon the request of the consumer. 3. The statement of fees shall specify at least the following information: (a) the unit fee charged for each service and the number of times the service was used during the relevant period, and where the services are combined in a package, the fee charged for the package as a whole, the number of times the package fee was charged during the relevant period and the additional fee charged for any service exceeding the quantity covered by the package fee; (b) the total amount of fees incurred during the relevant period for each service, each package of services provided and services exceeding the quantity covered by the package fee; (c) the total amount of fees charged for all services provided during the relevant period.
Amendment 497 #
2023/0212(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Payment service providers may only distribute the digital euro to natural and legal persons residing or established in a Member State whose currency is not the euro if the European Central Bank and the national central bank of that Member State have signed an arranggreement to that effect.
Amendment 500 #
2023/0212(COD)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. The signing of the arranggreement referred to in paragraph 1 shall be subject to all of the following conditions:
Amendment 502 #
2023/0212(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b – introductory part
Article 18 – paragraph 2 – point b – introductory part
(b) in its request, the Member State whose currency is not the euro has undertaken to conclude an agreement with the European Central Bank that should include at minimum the following commitments:
Amendment 503 #
2023/0212(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The agreement referred to in paragraph 1shall specify the necessary implementing measures and procedures, and the cases under which the agreement may be restricted, suspended, or terminated, in particular where the third country has been identified as a third country with significant strategic deficiencies in its national anti-money laundering and combating the financing of terrorism regime as referred to in Article 23 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] or as a third country with compliance weaknesses in its national anti-money laundering and combating the financing of terrorism regime as referred to in Article 24 of Regulation [please insert reference – proposal for Anti- Money Laundering Regulation - COM/2021/420 final] or as a third country posing a threat to the Union’s financial system as referred to in Article 25 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final]. That agreement shall be complemented by an arrangement between the European Central Bank and the national central bank and, where appropriate, the national competent authority of the third country.
Amendment 505 #
2023/0212(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Payment service provideDistributors shall implement the limits set by the European Central Bank in accordance with Article 16(4) on the use of the digital euro by natural and legal persons residing or established in Member States whose currency is not the euro, which are applicable in those Member States.
Amendment 506 #
2023/0212(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a – introductory part
Article 19 – paragraph 2 – point a – introductory part
(a) the third country ensures, subject to a verification procedure by the European Central Bank, that:
Amendment 507 #
2023/0212(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point c
Article 19 – paragraph 2 – point c
(c) the third country ensures that intermediaries established or operating in the third country that distribute the digital euro are subject to supervisory and regulatory requirements, that are at least equivalent to those applied to payment service providers established in the Union. This equivalence shall be verified by an equivalence decision in the form of an implementing act of the Commission.
Amendment 509 #
2023/0212(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The agreement between the Union and the third country shall specify the necessary implementing measures and procedures, and the cases under which the agreement may be restricted, suspended, or terminated, in particular where the third country has been identified as a third country with significant strategic deficiencies in its national anti-money laundering and combating the financing of terrorism regime as referred to in Article 23 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] or as a third country with compliance weaknesses in its national anti-money laundering and combating the financing of terrorism regime as referred to in Article 24 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final]. That agreement shall be complemented by an arrangIn addition, an agreement between the European Central Bank and the national central bank and, where appropriate, the national competent authority of the third country shall be concluded on the further implementing details necessary for the distribution of the digital euro in such third country. Both agreements shall be concluded in advance of the distribution of the digital euro in the relevant third country.
Amendment 510 #
2023/0212(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Subject to further conditions that may be agreed upon between the Union and the third country or territory concerned and subject to the conclusion of an agreement between the relevant third country’s central bank and the European Central Bank, the distribution of the digital euro to natural and legal persons residing or established in third countries or territories governed by the monetary agreement referred to in paragraph 1 shall meet the requirements laid down in this Regulation.
Amendment 511 #
2023/0212(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. CIn accordance with the Treaties, cross-currency payments between the digital euro and other currencentral bank digital currencies of Member States whose currency is not the euro or third countries shall be subject to prior agreements between, on the one hand, the European Central Bank and, on the other hand, the national central banks of the Member States whose currency is not the euro and the third countries.
Amendment 512 #
2023/0212(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The European Central Bank shallmay, in accordance with the Treaties, cooperate with national central banks of Member States whose currency is not the euro to enable interoperable payments between the digital euro and other currencies.
Amendment 516 #
2023/0212(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. In their relationships with their payment services providedistributors for the provision of digital euro payment services, digital euro users shall not be required to have or open non- digital euro payment accounts or accept other non-digital euro products.
Amendment 527 #
2023/0212(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. TIn accordance with the Treaties, the digital euro shall not be programmable money.
Amendment 531 #
2023/0212(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
The European Central Bank shall seek to ensure to the extent possible the interoperability of standards governing digital euro payment services with relevant standards governing private digital means of payment. The European Central Bank shall seek to enablenable and encourage, to the extent possible and where appropriate, private digital means of payment to use rules, standards and processes governing the digital euro payment services, including the full implementation of the principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 534 #
2023/0212(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 539 #
2023/0212(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The European Central Bank and the national central banks mayshall make mechanisms available for payment services providers to facilitate the exchange of messages for the resolution of disputes, including commercial disputes. Those mechanisms may be operated directly by the European Central Bank or by the providers of support services designated by the European Central Bank. Dispute mechanisms shall be easily accessible and usable for consumers and offered free of charge to them.
Amendment 546 #
2023/0212(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. TNeither the European Central Bank nor the national central banks shall not act as a party in any of the disputes referred to in paragraphs 1 and 2.
Amendment 559 #
2023/0212(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 a (new)
Article 28 – paragraph 1 – subparagraph 1 a (new)
The front-end services developed by payment service providers in accordance with point (a) of the first subparagraph should follow a clear branding developed by the European Central Bank that differentiates digital euro services from other payment services.
Amendment 563 #
2023/0212(COD)
Proposal for a regulation
Article 28 – paragraph 3 – point a a (new)
Article 28 – paragraph 3 – point a a (new)
(aa) digital euro payment services convey the public nature of the digital euro;
Amendment 571 #
2023/0212(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Final settlement of online digital euro payment transactions shall occur at the moment of recording the transfer of the digital euros concerned from the payer to the payee in the digital euro settlement infrastructure approved by the Eurosystem. The settlement infrastructure shall be designed in such a way that neither the European Central Bank nor national central banks can attribute data to an identified or identifiable digital euro user.
Amendment 573 #
2023/0212(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Payment service providers shall enable digital euro users at their request to switch their digital euro payment accounts to other payment service providers while maintaining the same account identifidigital euro payment account numbers.
Amendment 579 #
2023/0212(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. In exceptional circumstances where a payment service provider is operationally not in a position to provide digital euro payment services to digital euro users for a prolonged period of time, or has lost the digital euro payment account-related data concerned, the European Central Bank and national central banks may authorise the switching of digital euro payment accounts held with that payment service provider to another payment service provider designated by the digital euro user. That switching shall enable the new payment service provider to complete the switching without relying on the unavailable payment service provider. The switching service shall not result in data access by the European Central Bank and national central banks under normal circumstances.
Amendment 581 #
2023/0212(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The European Central Bank may facilitate the fraud detection and prevention tasks that payment service providers shall perform under Directive 2015/2366 by establishing a general fraud detection and prevention mechanism for online digital euro transactions to ensure the smooth and efficient functioning of the digital euro. That general fraud detection and prevention mechanism may be operated directly by the European Central Bank and the National Central Banks or by the providers of support services designated by the European Central Bank.
Amendment 582 #
2023/0212(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The European Central Bank shall consult the European Data Protection Supervisor and the Anti-Money Laundering Authority prior to developing the details on the operational elements of the fraud detection and prevention mechanism.
Amendment 585 #
2023/0212(COD)
Proposal for a regulation
Article 32 – paragraph 3 – point b
Article 32 – paragraph 3 – point b
(b) support payment service providers in securing payment information and detecting fraudulent transactions in online digital euro payment transactions that have been settled.
Amendment 592 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 – introductory part
Article 34 – paragraph 1 – subparagraph 1 – introductory part
Payment service providers perform a task in the public interestcomply with a legal obligation where they process personal data that is strictly necessary for the following purposes:
Amendment 596 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 – point a
Article 34 – paragraph 1 – subparagraph 1 – point a
(a) the enforcement of limits, including the verification ofby verifying whether prospective or existing digital euro users have digital euro accounts with another PSP, as referred to in Article 16;
Amendment 597 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 – point c
Article 34 – paragraph 1 – subparagraph 1 – point c
(c) the provision of offline digital euro, including the registration and de- registration of the local storage devices as referred to in letter (b) of Annex I;
Amendment 599 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 a (new)
Article 34 – paragraph 1 – subparagraph 1 a (new)
No further processing of personal data shall be allowed.
Amendment 600 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 b (new)
Article 34 – paragraph 1 – subparagraph 1 b (new)
For the provision of online digital euro below a maximum monthly payment transaction limit of EUR 3000 and for offline digital euro, the processing of personal data by payment service providers is limited to funding and defunding in accordance with Article 37 paragraphs 3, 4 and 5.
Amendment 601 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. By way of derogation from the Regulation (EU) [please insert reference – proposal for a Regulation on payment services in the internal market and amending Regulation (EU) No 1093/2010 - COM(2023) 367 final], personal data on digital euro accounts shall not be used, accessed or stored by third parties.
Amendment 607 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Payment service providers shall implement appropriate technical and organisational measures including state-of- the-art security and privacy-preserving measures to ensure that any data communicated to the European Central Bank and the national central banks or to providers of support services do not directly identify individual digital euro userscan no longer be directly or indirectly attributed to individual digital euro users without the use of additional information.
Amendment 609 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 4 a (new)
Article 34 – paragraph 4 a (new)
4a. This Article is without prejudice to additional digital euro payment services developed and provided by payment service providers on top of basic digital euro payment services, for which Article 6(1)(a) or (b) of Regulation (EU) 2016/679 would apply, considering that these services are subject to Directive (EU) 2015/2366.
Amendment 610 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 4 b (new)
Article 34 – paragraph 4 b (new)
4b. For the purpose of authentication and identification and in line with the principles of data minimisation and privacy by design and by default as laid down in 2016/679/EU, payment service providers shall provide by default authentication and identification methods which do not rely on biometric data.
Amendment 615 #
2023/0212(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. Personal data processed for tasks referred to in paragraph 1 shall be supported by appropriate technical and organisational measures including state-of- the-art security and privacy-preserving measures. This shall include the clear segregation of personal data to ensure that the European Central Bank and the national central banks cannot no longer directly or indirectly identify individual digital euro users without the use of additional information.
Amendment 618 #
2023/0212(COD)
Proposal for a regulation
Article 35 – paragraph 6 a (new)
Article 35 – paragraph 6 a (new)
6a. The European Central Bank shall in cooperation with payment service providers take all necessary measures to ensure the effectiveness of data subjects' rights under the General Data Protection Regulation.
Amendment 620 #
2023/0212(COD)
Proposal for a regulation
Article 35 – paragraph 8
Article 35 – paragraph 8
8. For purpose of supporting the task of payment service providers to enforce the holding limits in accordance to Article 16(1) and ensuring the emergency switching upon the request of the user in accordance with Article 31(2), the ECB may alone or jointly with national central banks establish a single access point of digital euro user identifiers and the relateddecentralised system based on secure multi-party computation to enforce the digital euro holding limits as referred to in point (4) of Annex 4. The European Central Bank shall implement appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures to ensure that the identity of individual digital euro users cannot be inferred from the information accessed via the single access pointdecentralised system based on secure multi-party computation by entities other than payment service providers whose customer or potential customer is the digital euro user.
Amendment 621 #
2023/0212(COD)
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. Where the European Central Bank decides to confer tasks referred to in Article 27 and 32 upon providers of support services, providers of support services shall provide payment-related services across PSPs. In such a situation, payment service providers perform a task in the public interest, where they process personal data forshall solely process personal data where they perform a task in the public interest pursuant to Article 6(1)(e) of Regulation (EU) 2016/679, which are limited to the following purposes:
Amendment 626 #
2023/0212(COD)
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. The processing of personal data for the purposes referred to in paragraph 1 shall only take place when appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures are implemented to ensure that the providers of support services cannot no longer directly or indirectly identify individual digital euro users without the use of additional information.
Amendment 628 #
2023/0212(COD)
Proposal for a regulation
Article 36 – paragraph 4 a (new)
Article 36 – paragraph 4 a (new)
4a. Providers of support services designated under this Article shall be subject to Regulation (EU) 2022/2554.
Amendment 629 #
2023/0212(COD)
Proposal for a regulation
Article 36 – paragraph 5
Article 36 – paragraph 5
Amendment 632 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Payment services providers shall apply paragraphs 2 to 6 to online digital euro payment transactions upon the request of the user up to a monthly transaction limit and offline digital euro payment transactions.
Amendment 635 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Transaction data shall not be accessed, stored or processed retained by payment service providers or by the European central banks and the national central banks and shall not be stored on the local storage device.
Amendment 642 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. The Commission is empowered to adopt implementingdelegated acts setting offline digital euro payment transaction limits and holding limits. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 398.
Amendment 647 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 6 – subparagraph 1 – introductory part
Article 37 – paragraph 6 – subparagraph 1 – introductory part
Transaction and holding limits shall take into account the need to prevent money laundering and terrorist financing while not unduly restricting the use of the offline digital euro as a means of payment. The Commission, when drawing up the implementingdelegated acts referred to in paragraph 5, shall take into account in particular the following:
Amendment 650 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 6 – subparagraph 1 – point c a (new)
Article 37 – paragraph 6 – subparagraph 1 – point c a (new)
(ca) the objective of introducing a payment instrument offering a similar level of privacy than cash.
Amendment 651 #
2023/0212(COD)
Proposal for a regulation
Article 37 – paragraph 6 – subparagraph 2
Article 37 – paragraph 6 – subparagraph 2
For the purposes of point (a), the Commission may request AMLA to adopt an opinionshall consult AMLA, which shall assessing the level of money laundering and terrorist financing threats associated with the offline digital euro and its vulnerabilities. The Commission may consult the European Data Protection Board.
Amendment 653 #
2023/0212(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 11, 14, 17, 33, 34, 35 and 357 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].
Amendment 656 #
2023/0212(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. The power to adopt the delegated acts referred to in Articles 11, 14, 17, 33, 34, 35 and 357 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.
Amendment 657 #
2023/0212(COD)
Proposal for a regulation
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3a. When adopting delegated acts pursuant to Article 34 or Article 35 of this Regulation, the European Commission shall consult the European Data Protection Supervisor and European Data Protection Board as laid down in Article 42 of the Regulation (EU) 2018/1725 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC.
Amendment 658 #
2023/0212(COD)
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult the European Data Protection Supervisor pursuant to Article 42 of Regulation (EU) 2018/1725 and 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.
Amendment 659 #
2023/0212(COD)
Proposal for a regulation
Article 38 – paragraph 6
Article 38 – paragraph 6
6. A delegated act adopted pursuant to Articles 11, 14, 17, 33, 34 and 35 shall enter into force only if no objection has been expressed either by the European Parliament or 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 two months at the initiative of the European Parliament or of the Council.
Amendment 662 #
2023/0212(COD)
Proposal for a regulation
Article 39
Article 39
Amendment 666 #
2023/0212(COD)
Proposal for a regulation
Article 40 – paragraph 2 – introductory part
Article 40 – paragraph 2 – introductory part
2. Before the planned issuance of the digital euro and ahead of the implementation of any changes of the parameters and use of the instruments referred to in Article 16 and Article 16a or at least every three years after the issuance of the digital euro, the European Central Bank shall provide to the European Parliament, the Council and the Commission:
Amendment 667 #
2023/0212(COD)
Proposal for a regulation
Article 40 – paragraph 2 – introductory part
Article 40 – paragraph 2 – introductory part
2. Before the planned issuance of the digital euro and ahead of the implementation of any changes of the parameters and use of the instruments referred to in Article 16 or at least every three years after the issuance of the digital euro, the European Central Bank shall provide to the European Parliament, the Council and the Commission:
Amendment 669 #
2023/0212(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point a
Article 40 – paragraph 2 – point a
(a) information on the instruments to limit the use of the digital euro and their duration as referred to in Article 16 and the parameters that the European Central Bank plans to adopt in view of the prevailing financial and monetary environment;
Amendment 671 #
2023/0212(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point b
Article 40 – paragraph 2 – point b
(b) an analysis on how the instruments and the parameters referred to in point (a) are expected to contribute to meet the objective of ensuring price stability and safeguarding financial stability.
Amendment 672 #
2023/0212(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point b a (new)
Article 40 – paragraph 2 – point b a (new)
(ba) an analysis on how the instruments and the parameters referred to in point (a) are expected to ensure the usability and acceptance of the digital euro as a legal tender instrument including without using the waterfall and reverse waterfall functionalities;
Amendment 674 #
2023/0212(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point b b (new)
Article 40 – paragraph 2 – point b b (new)
(bb) an analysis on how the instruments and the parameters referred to in point (a) respect the principle of proportionality, including with regards to privacy and data protection.
Amendment 678 #
2023/0212(COD)
Proposal for a regulation
Article 40 – paragraph 3 – introductory part
Article 40 – paragraph 3 – introductory part
3. One year after the first issuance of the digital euro and every three years thereafter, the Commission shall submit to the European Parliament and to the Council a report analysing the impact of the parameters and the use of instruments referred to in Article 16 on:
Amendment 680 #
2023/0212(COD)
Proposal for a regulation
Article 40 – paragraph 4 – subparagraph 1 – introductory part
Article 40 – paragraph 4 – subparagraph 1 – introductory part
Member States shall, one year after the first issuance of the digital euro and every two years thereafter, provide the Commission with information on all of the following:
Amendment 686 #
2023/0212(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
(a) enabling digital euro users to access, hold, and use the digital euro, without prejudice to possible temporary limitations set by the European Central Bank in accordance with Article 16;
Amendment 688 #
2023/0212(COD)
Proposal for a regulation
Annex II
Annex II
Amendment 694 #
2023/0212(COD)
Proposal for a regulation
Annex II – paragraph 1 – point c
Annex II – paragraph 1 – point c
(c) non-automated funding and defunding from a non- digital euro payment account;
Amendment 705 #
2023/0212(COD)
Proposal for a regulation
Annex III – point 1 – point iii
Annex III – point 1 – point iii
(iii) information on digital euro payment accounts; including information on digital euro holdings of the digital euro user and the unique digital euro payment account number; and
Amendment 707 #
2023/0212(COD)
Proposal for a regulation
Annex III – point 1 – point iv
Annex III – point 1 – point iv
(iv) information on online digital euro payment transactions, including the transaction identifier and the transaction amount.
Amendment 709 #
2023/0212(COD)
Proposal for a regulation
Annex III – point 2 – point iii
Annex III – point 2 – point iii
(iii) information on digital euro payment accounts, including the unique digital euro payment account number; and
Amendment 711 #
2023/0212(COD)
Proposal for a regulation
Annex III – point 2 – point iv
Annex III – point 2 – point iv
(iv) information of non-digital euro payment accounts, including the account number of the linked non-digital euro payment account.
Amendment 718 #
2023/0212(COD)
Proposal for a regulation
Annex IV – point 4 – introductory part
Annex IV – point 4 – introductory part
4. For the purposes of points (d) and (e) of Article 35(1), and the single access pointdecentralised system based on secure multi-party computation referred to in Article 34(8), processing shall be limited to:
Amendment 720 #
2023/0212(COD)
Proposal for a regulation
Annex V – paragraph 1 – point i
Annex V – paragraph 1 – point i
(i) information on digital euro payment accounts, including the unique digital euro account identifierthe user alias;
Amendment 722 #
2023/0212(COD)
Proposal for a regulation
Annex V – paragraph 1 – point ii
Annex V – paragraph 1 – point ii
(ii) information on online digital euro payment transactions, including the transaction amount; and
Amendment 724 #
2023/0212(COD)
Proposal for a regulation
Annex V – paragraph 1 – point iii
Annex V – paragraph 1 – point iii
(iii) the device internet protocol address-range providing information on the transaction session of a digital euro user, including the device internet protocol address-range.
Amendment 4 #
2023/0211(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The requirements laid down in Article 13, Article 14(1) and (4), Chapter V, Article 18, Chapter VII, Chapter VIII and Chapter IX of Regulation (EU) No X on the establishment of the digital euro, shall be applicable to payment service providers incorporated within the territory of Member States whose currency is not the euro that provide digital euro payment services in accordance with Article 1 of this Regulation.
Amendment 30 #
2023/0208(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In order to ensure that the principle of mandatory acceptance of payments in euro banknotes and coins is not effectively undermined by widespread and structural refusals of cash payments, it is necessary for Member States to monitor the level of ex antadherence to the prohibition of the unilateral exclusions of payments in cash when transactions are performed in physical premises. Therefore, Member States should regularly monitor the level ofadherence to the prohibition of the unilateral ex ante exclusions of payments in cash when payments are performed in physical premises throughout their territory, in all their different regions, including urban and non-urban areas, on the basis of common indicators which allow for comparisons between the Member States. If in light of their assessment acceptance of payments in cash is ensured on their territory, Member States would not need to adopt specific measures in relation to their respective obligation. However, they would need to continue monitoring the situation. If a Member State concludes that ex ante unilateral exclusions of payments in cash undermine the mandatory acceptance of payments in euro banknotes and coins in all or part of its territory, that Member State should take effective and proportionate measures to remedy the situation, such as a prohibition or restrictions onenforce the prohibition of ex ante unilateral exclusions of cash in all or parts of its territory, for example in rural areas, or in certain sectors which are deemed essential such as post offices, supermarkets, pharmacies or healthcare, or for . To this end, Member States should equip national competent authorities with all the required competencies and resources to ensure the mandatory accerptain types of payments which are deemed essentialnce by payees.
Amendment 42 #
2023/0208(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The Commission should be empowered to adopt implementing acts on a set of common indicators of general application in the euro area and methodologies for the gathering of these indicators, which would allow the Member States to effectively monitor and assess the acceptance of payments in cash and access to cash throughout their territory, in all their different regions, including urban and non-urban areas. In view of the preparation of such implementing acts, the Commission should consult the European Central Bank.
Amendment 44 #
2023/0208(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The Commission should be empowered to adopt implementing acts addressed to a specific Member State when the measures proposed by that Member State appear insufficient or in cases where, in spite of the findings of the annual report sent by that Member State, ex ante unilateral exclusions of cash are undermining the principle of mandatory acceptance of payments in euro banknotes and coins and/or where access to cash is not sufficient and effective. Such an implementing act could require the Member State concerned to take measures such as those outlined in recitals 7 and 8, or measures that have been considered effective in other Member States in ensuring that the principles of mandatory acceptance of payments in cash or sufficient and effective access to cash are not undermined. When preparing those implementing acts, the Commission should consult the European Central Bank.
Amendment 47 #
2023/0208(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In accordance with the principle of sincere cooperation, the Commission, the European Central Bank and the designated national competent authorities with the required powers as regards acceptance of payments in cash and access to cash, and over the cash-related market activities of the cash industry should closely collaborate on issues related to acceptance of payments in cash and access to cash. A regular dialogue among these institutions and authorities, based notably on the annual reports of Member States to the Commission and the European Central Bank, should aim at identifying cases of widespread ex ante unilateral exclusions of cash and inadequate access to cash in specific national territories or regions. It would also aim at designing and adopting remedial measures that Member States should adopt as a means to comply with their obligations to ensure acceptance of cash and sufficient and effective access to cash.
Amendment 51 #
2023/0208(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 58 #
2023/0208(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies toin the settlement of pecuniary debts in so far as they areMember States whose currency is the euro. It applies to bthe settledment of pecuniary debts in cash, in whole or in part, where a payment obligation exists in accordance with the applicable law or established legal practices. To ensure the effectiveness of the legal tender of cash, this Regulation applies also to ex ante unilateral exclusion of payments in cash and to the access to cash.
Amendment 65 #
2023/0208(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
4. ‘ex ante unilateral exclusions of cash’ means a situation when a retailer or service provider unilaterally excludes cash as a payment method for example by introducing a ‘no cash’ sign or by using a pre-formulated standard form contract. In this case, the payer and payee do not freely agree to a means of payment for a purchase;
Amendment 74 #
2023/0208(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b
Article 5 – paragraph 1 – subparagraph 1 – point b
(b) where, prior to the payment, the payee has agreed with the payer on a different means of payment, subject to Article 5a.
Amendment 80 #
2023/0208(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
For the purposes of points (a) and (b), the burden of proof to establish that such legitimate and temporary grounds existed in a particular case and that the refusal was proportionate shall be on the payee.
Amendment 90 #
2023/0208(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Prohibition of the unilateral exclusion of payments in euro banknotes and coins Payees subject to the obligation to accept euro banknotes and coins shall not use contractual terms that have not been individually negotiated or commercial practices which have the object or the effect to exclude the use of euro banknotes and coins by the payers of monetary debts denominated in euro. Such contractual terms or commercial practices shall not be binding on the payer. A contractual term shall be regarded as not individually negotiated where it has been drafted in advance and where the payer has therefore not been able to influence the substance of the term, particularly in the context of a pre- formulated standard contract.
Amendment 96 #
2023/0208(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 100 #
2023/0208(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. In order to ensure the acceptance of cash in accordance with Article 4(2), Member States shall monitor the acceptance of payments in cash and the levelcases of ex ante unilateral exclusions of payments in cash throughout their territory, in all their different regions, including urban and non- urban areas, on the basis of the common indicators adopted by the Commission and shall assess the situation.
Amendment 101 #
2023/0208(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. If a Member State considers that the level ofmandatory acceptance of payments in cash in their territory or parts thereof undermines mandatory acceptance of euro banknotes and coinsis undermined, it shall set out the remedial measures it commits to take in accordance with Article 9(4).
Amendment 123 #
2023/0208(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. For the purposes of Articles 7 and 8, the Commission shall adopt implementing acts of general application on a set of common indicators and concrete methodologies for gathering of these indicators Member States shall use to monitor and assess the acceptance of payments in cash and access to cash throughout their territory, in all their different regions, including urban and non- urban areas. Those implementing acts shall be adopted [within X months after the entry into force of this Regulation] in accordance with the advisory procedure referred to in Article 11. When preparing those implementing acts, the Commission shall consult the European Central Bank.
Amendment 129 #
2023/0208(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If a Member State considers that the level ofmandatory acceptance of payments in cash undermines mandatory acceptance of euro banknotes and coinsis undermined or that sufficient and effective access to cash is not ensured, it shall indicate in its annual report the remedial measures it commits to take in order to comply with the obligations set out in Articles 7 and 8 as well as the measures that have been implemented since the last reporting. The remedial measures shall enter into force without undue delay.
Amendment 136 #
2023/0208(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The Commission shall examine the annual reports in close consultation with the European Central Bank. If the remedial measures proposed by a Member State pursuant to paragraph 4 appear insufficient, or if the Commission considers that the acceptance of cash payments or sufficient and effective access to cash in a Member State is not in line with the obligations set out in Articles 7 and 8 despite the findings of the annual report, the Commission shall adopt implementing acts providing for adequate and proportionate measures that shall be adopted by the Member State concerned within the deadline laid down in the respective implementing act. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 11. When preparing those implementing acts, the Commission shall consult the European Central Bank.
Amendment 138 #
2023/0208(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The power to adopt delegated acts referred to in Article 612 shall be conferred on the Commission for an indeterminate period of time from … [date of entry into force of this Regulation].
Amendment 139 #
2023/0208(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The power to adopt delegated acts referred to in Article 612 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.
Amendment 141 #
2023/0208(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. A delegated act adopted pursuant to Article 612 shall enter into force only if no objection has been expressed either by the European Parliament or 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.
Amendment 144 #
2023/0208(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall lay down theharmonised rules on penalties [including financial penalties and non-criminal fines] applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, within one year after the entry into force of this Regulation, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 146 #
2023/0208(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
By ... [two months after the entry into force of this Regulation], the Commission shall adopt a delegated act in accordance with this Article to supplement this Regulation by setting minimum penalties for infringements of this regulation.
Amendment 147 #
2023/0208(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 150 #
2023/0208(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b a (new)
Article 13 – paragraph 1 – point b a (new)
(ba) the methodology according to which this data was gathered, processed and analysed;
Amendment 151 #
2023/0208(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b b (new)
Article 13 – paragraph 1 – point b b (new)
(bb) statistics about complaints received by the national competent authority as per type of stakeholder, average elapsed time between date of submission and remedies and class of remedies provided;
Amendment 156 #
2023/0208(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. The Commission shall publish the reports of Member States online and, where necessary, translate them in all official EU languages.
Amendment 157 #
2023/0208(COD)
Proposal for a regulation
Article 13 – paragraph 3 b (new)
Article 13 – paragraph 3 b (new)
3b. The Commission shall publish an annual transparency report that includes their analysis of the situation throughout the Union, trends observed, as well as summaries of the discussions between the European Central Bank, the Commission and national competent authorities.
Amendment 158 #
2023/0208(COD)
Proposal for a regulation
Article 14 – title
Article 14 – title
Duty of Member States to inform aboutprovide effective access to remedies
Amendment 163 #
2023/0208(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall provide natural persons and enterpriselegal persons with clear information on the channels and effective remedies they have at their disposal to lodge complaints with competent national authorities about cases of unlawful refusal to accept cash and insufficient and ineffective access to cash.
Amendment 168 #
2023/0208(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Without prejudice to the disputes concerning the lawfulness of the processing of personal data, the complaint mechanism shall oblige Member States to adhere to procedural guarantees for a reasonable and effective access to remedies within a period of one month. Directive (EU) 2020/1828 shall apply to the representative actions brought against infringements of provisions of this Regulation that harm or may harm the collective interests of consumers.
Amendment 169 #
2023/0208(COD)
Proposal for a regulation
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
1b. The complaints may be lodged with the national competent authority in which the concerned party is established. On request of the complainant the Commission may defer a case to another national competent authority. In case of cross-border complaints, the Commission shall have the right to defer the case to another national competent authority, upon request of the party that lodged the complaint.
Amendment 170 #
2023/0208(COD)
Proposal for a regulation
Article 14 – paragraph 1 c (new)
Article 14 – paragraph 1 c (new)
1c. Within six months of the entering into force of this Regulation, the Commission shall establish minimum requirements on the implementation of Article 14 by Member States.
Amendment 171 #
2023/0208(COD)
Proposal for a regulation
Article 14 – paragraph 1 d (new)
Article 14 – paragraph 1 d (new)
1d. Member States shall lay down the rules on remedies applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The remedies provided for shall be effective and proportionate. Member States shall, within one year after the entry into force of this Regulation, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 175 #
2023/0208(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Euro banknotes and coins and the digital euro shall be convertible into each other at parfully-fungible.
Amendment 177 #
2023/0208(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Directive (EU) 2020/1828
Annex I – point 68 (new)
Annex I – point 68 (new)
Article 15a Amendment to Directive (EU) 2020/1828 [Representative Action Directive] In Annex I to Directive (EU) 2020/1828, the following point is added: ‘(68) Regulation (EU) 20../…. of the European Parliament and of the Council on the legal tender of euro banknotes and coins (OJ L[…], [……….], [p. ..]).’
Amendment 35 #
2023/0199(COD)
Proposal for a regulation
Recital 2
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 these structural solutions, however emphasizes the need for a fully-fledged European Sovereignty Fund with a sizable budget and reminds the crucial role of Own resources in providing the resources needed to build the 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).
Amendment 37 #
2023/0199(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The uptake and scaling up in the Union of deep and digital technologies, clean technologies, and biotechnologies 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, while maintaining a level playing field in the Single Market.
Amendment 38 #
2023/0199(COD)
Proposal for a regulation
Recital 5
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 for strategic sectors, in particular through the creation of jobs and 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 Furthermore, where economic actors benefit from public funds, a strong commitment to effective social dialogue, collective bargaining and decent working conditions must be made, to ensure and maintain a skilled workforce in these sectors. _________________ 45 Communication on a European Skills Agenda for sustainable competitiveness, social fairness and resilience, COM(2020) 274 final.
Amendment 39 #
2023/0199(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The scale of investments needed for the transition require a full mobilisation of funding available under existing EU programmes and funds, inclusive those granting a budgetary guarantee for financing and investment operations and implementation of financial instruments and blending operations. Such funding should be deployed in a more flexible manner, to provide timely and targeted support for critical technologies in strategic sectors. Therefore, a Strategic Technologies for Europe Platform (‘STEP’) should give a structural answer to the Union investment needs by helping to better channel the existing EU funds towards critical investments aimed at supporting the development or manufacturing of critical technologies, while preserving a level playing field in the Single Market, thereby preserving cohesion and aiming at a geographically balanced distribution of projects financed under the STEP in accordance with the respective programme mandates. To ensure that the funding provided under the STEP works towards reducing the Union’s strategic dependencies, any financial support should be conditional on a commitment not to relocate the respective project or action outside of the Union for a given period after the financial support has been received.
Amendment 41 #
2023/0199(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) In view of the scale, required speed and depth of the transition to a net zero economy, it is clear that an increase in public and private investments is required. STEP will help kick start public and private investment in strategic technologies, and must be designed in such a way as to crowd in further public and private investments through all the tools available.
Amendment 45 #
2023/0199(COD)
Proposal for a regulation
Recital 8 a (new)
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.
Amendment 49 #
2023/0199(COD)
Proposal for a regulation
Recital 11
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 newfurther interventions as a step towards, including 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 sectorsthe need for a fully-fledged European Sovereignty Fund. It will outline the necessary steps towards introducing such a fund.
Amendment 56 #
2023/0199(COD)
Proposal for a regulation
Article 4 – paragraph 1
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.
Amendment 59 #
2023/0199(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
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.
Amendment 62 #
2023/0199(COD)
Proposal for a regulation
Article 4 – paragraph 5
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.
Amendment 63 #
2023/0199(COD)
Proposal for a regulation
Article 4 – paragraph 6
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.
Amendment 65 #
2023/0199(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
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.
Amendment 66 #
2023/0199(COD)
Proposal for a regulation
Article 8 – paragraph 3
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.
Amendment 69 #
2023/0199(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point 4 – point b
Article 16 – paragraph 1 – point 4 – point b
Regulation (EU) 2021/523
Article 8 – paragraph 1 – point e
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 available under this window shall be awarded to SMEs.
Amendment 73 #
2023/0199(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point 6 a (new)
Article 16 – paragraph 1 – point 6 a (new)
Regulation (EU) 2021/523
Article 13 – paragraph 6 a (new)
Article 13 – paragraph 6 a (new)
(6a) In Article 13, the following paragraph shall be inserted: "6a. The EIB Group shall ensure that: (a) at least, 40% of the EU guarantee granted to the EIB Group will support investment on non-bankable projects. (b) at least, 40% of the EU guarantee granted to the EIB Group will support cross-border projects."
Amendment 76 #
2023/0199(COD)
7a.1 Investment mobilised by technology area: i) deep and digital technologies, and ii) clean technologies and iii) biotechnologies.
Amendment 77 #
2023/0199(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point 14
Article 16 – paragraph 1 – point 14
Regulation (EU) 2021/523
Annex III – point 9 – point 7a.2
Annex III – point 9 – point 7a.2
7a.2 Number of enterprises supported by technology area: i) deep and digital technologies, and ii) clean technologies and iii) biotechnologies.
Amendment 82 #
2023/0199(COD)
Proposal for a regulation
Recital 2
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).
Amendment 94 #
2023/0199(COD)
Proposal for a regulation
Recital 3
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.
Amendment 95 #
2023/0199(COD)
Proposal for a regulation
Recital 4
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.
Amendment 113 #
2023/0199(COD)
Proposal for a regulation
Recital 5
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.
Amendment 120 #
2023/0199(COD)
Proposal for a regulation
Recital 6 a (new)
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.
Amendment 121 #
2023/0199(COD)
Proposal for a regulation
Recital 6 b (new)
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.
Amendment 130 #
2023/0199(COD)
Proposal for a regulation
Recital 8 a (new)
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.
Amendment 144 #
2023/0199(COD)
Proposal for a regulation
Recital 11
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.
Amendment 154 #
2023/0199(COD)
Proposal for a regulation
Recital 13
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).
Amendment 159 #
2023/0199(COD)
Proposal for a regulation
Recital 14
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.
Amendment 162 #
2023/0199(COD)
Proposal for a regulation
Recital 16
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).
Amendment 179 #
2023/0199(COD)
Proposal for a regulation
Recital 20
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.
Amendment 182 #
2023/0199(COD)
Proposal for a regulation
Recital 21
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.
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.
Amendment 187 #
2023/0199(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
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:
Amendment 193 #
2023/0199(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a – introductory part
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:
Amendment 198 #
2023/0199(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a – point i
Article 2 – paragraph 1 – point a – point i
(i) deep and digital technologies
Amendment 201 #
2023/0199(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a – point iii
Article 2 – paragraph 1 – point a – point iii
Amendment 206 #
2023/0199(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
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.
Amendment 211 #
2023/0199(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) bring an innovative, cutting-edge element with significant economic potor environmential to the Single Marketprotection potential;
Amendment 219 #
2023/0199(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 224 #
2023/0199(COD)
Proposal for a regulation
Article 2 – paragraph 4 a (new)
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.
Amendment 226 #
2023/0199(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Implementation of the Platform shall be supported, in particular, through:
Amendment 248 #
2023/0199(COD)
Proposal for a regulation
Article 4 – paragraph 1
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.
Amendment 256 #
2023/0199(COD)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. The Sovereignty Seal may be used as a quality label, in particular for the purposes of:
Amendment 259 #
2023/0199(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
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.
Amendment 270 #
2023/0199(COD)
Proposal for a regulation
Article 4 – paragraph 5
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.
Amendment 271 #
2023/0199(COD)
Proposal for a regulation
Article 4 – paragraph 6
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.
Amendment 295 #
2023/0199(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
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.
Amendment 298 #
2023/0199(COD)
Proposal for a regulation
Article 8 – paragraph 3
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.
Amendment 304 #
2023/0199(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point 1
Article 9 – paragraph 1 – point 1
Directive 2003/87/EC
Article 10 – subsection a – point 8 – sixth subparagraph
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].
Amendment 309 #
2023/0199(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 3 Regulation (EU) 2021/1058
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.
Amendment 311 #
2023/0199(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 3
Article 10 – paragraph 1 – point 3
Regulation (EU) 2021/1058
Article 3 – paragraph 1 a
Article 3 – paragraph 1 a
Amendment 312 #
2023/0199(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 4
Article 10 – paragraph 1 – point 4
Regulation (EU) 2021/1058
Article 5 – paragraph 2 – point e
Article 5 – paragraph 2 – point e
Amendment 315 #
2023/0199(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 1
Article 11 – paragraph 1 – point 1
Regulation (EU) 2021/1056
Article 2
Article 2
Amendment 319 #
2023/0199(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 2
Article 11 – paragraph 1 – point 2
Regulation (EU) 2021/1056
Article 8 – paragraph 2 – new subparagraph
Article 8 – paragraph 2 – new subparagraph
Amendment 324 #
2023/0199(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 3
Article 11 – paragraph 1 – point 3
Regulation (EU) 2021/1056
Article 10 – paragraph 4 – sixth subparagraph
Article 10 – paragraph 4 – sixth subparagraph
Amendment 346 #
2023/0199(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point 4 – point b
Article 16 – paragraph 1 – point 4 – point b
Regulation (EU) 2021/523
Article 8 – paragraph 1 – point e
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.
Amendment 375 #
2023/0199(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point 14
Article 16 – paragraph 1 – point 14
Regulation (EU) 2021/523
Annex III – point (9)
Annex III – point (9)
7a.1 Investment mobilised by technology area: i) deep and digital technologies, and ii) clean technologies and iii) biotechnologies.
Amendment 376 #
2023/0199(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point 14
Article 16 – paragraph 1 – point 14
Regulation (EU) 2021/523
Annex III – point (9)
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.
Amendment 383 #
2023/0199(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point 3
Article 17 – paragraph 1 – point 3
Regulation (EU) 2021/695
Article 48 – first subparagraph – point d (new)
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.
Amendment 394 #
2023/0199(COD)
Proposal for a regulation
Article 10 – Paragraph 1 – Point 6
Article 10 – Paragraph 1 – Point 6
Regulation (EU) 2021/1058
Annex 1 – Table 1
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]
Amendment 395 #
2023/0199(COD)
Proposal for a regulation
Article 10 – Paragraph 1 – Point 7
Article 10 – Paragraph 1 – Point 7
Regulation (EU) 2021/1058
Annex 1 – Table 1
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]
Amendment 396 #
2023/0199(COD)
Proposal for a regulation
Article 13 – Paragraph 1 – Point 4
Article 13 – Paragraph 1 – Point 4
Regulation (EU) 2021/1060
Annex 1 – Table 1
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.
Amendment 397 #
2023/0199(COD)
Proposal for a regulation
Article 13 – Paragraph 1 – Point 5
Article 13 – Paragraph 1 – Point 5
Regulation (EU) 2021/1060
Annex 1 – Table 6
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
Amendment 41 #
2023/0163(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to ensure uniform conditions for the implementation of this Regulation with regards to fees and charges, implementing powersthe power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be conferrdelegated ton the Commission. Those powers should be exercised in acc in respect of fees and charges. It is of particular impordtance with Regulation (EU) No 182/2011 of the European Parliament and of the Council31 . _________________ 31 Regulation (EU) No 182/2011 ofthat the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member Statereceive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of the Commission's expercise of implementing powers (OJ L55, 28.2.2011, p. 13)t groups dealing with the preparation of delegated acts.
Amendment 42 #
2023/0163(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2 a (new)
Article 15 – paragraph 1 – subparagraph 2 a (new)
The Management Board shall also include one independent expert particularly knowledgeable in the sectors most concerned, as referred to in Article 2, in particular in the areas of sustainability and decarbonisation, designated by the European Parliament, with the right to vote.
Amendment 43 #
2023/0163(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 3
Article 15 – paragraph 1 – subparagraph 3
All Management Board members shall be appointed on the basis of their degree of relevant experience and expertise in the areas referred to in Article 2. The Member States and the Commission shall each strive forensure a balanced representation between men and women on the Management Board. One of the four professionals shall be a representative of the Permanent Cooperation Framework of accident investigation bodies in accordance with Article 10 of Directive 2009/18/EC.
Amendment 46 #
2023/0163(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Each Member State, the European Parliament and the Commission shall appoint their members of the Management Board as well as an alternate who will represent the member in his or her absence.
Amendment 47 #
2023/0163(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Each member and alternate shall sign a written statement at the time of taking office declaring that he or she is not in a situation of conflict of interests. Each member and alternate shall update his or her statement in the case of a change of circumstances with regard to any conflict of interests or at least on an annual basis. The Agency shall publish the statements and updates on its website.
Amendment 50 #
2023/0163(COD)
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
1. By 30 November each year the Management Board shall adopt a single programming document containing multi- annual and annual programming, based on a draft put forward by the Executive Director, taking into account the opinion of the Commission. It shall forward i and in relation to multiannual programming after consulting the European Parliament. If the Management Board decides not to take into account elements of the opinion of the Commission, it shall provide a thorough justification therefor. The obligation to provide a thorough justification shall also apply to the elements raised by the European Parliament when it is consulted. The management board shall forward the single programming document to the European Parliament, the Council and the Commission by 31 January of the following year.
Amendment 51 #
2023/0163(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The Executive Board shall be composed of the Chairperson of the Management Board, one representative of the Commission to the Management Board and three other members appointed by the Management Board from among its members with the right to vote and ensuring gender balance. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote.
Amendment 52 #
2023/0163(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The Executive Director shall be appointed by the Management Board oin the basis of merit and skills from a list of candidates proposed by the Commission following an open and transparent selection procedure which shall respect the principle of gender balance.accordance with the following procedure:
Amendment 53 #
2023/0163(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point a (new)
Article 22 – paragraph 1 – point a (new)
(a) on the basis of a shortlist drawn up and published by the Commission ensuring gender balance after a call for candidates and a transparent selection procedure, applicants will be asked to address the competent committee of the European Parliament and the Council and to reply to questions;
Amendment 54 #
2023/0163(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point b (new)
Article 22 – paragraph 1 – point b (new)
(b) the European Parliament and the Council will then give their opinions and state their preferences;
Amendment 55 #
2023/0163(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point c (new)
Article 22 – paragraph 1 – point c (new)
(c) the Management Board will appoint the Executive Director taking those opinions into account.
Amendment 56 #
2023/0163(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The Management Board, acting on a proposal from the Commission, that takinges into account the assessment referred to in paragraph 3, may extend once the term of office of the Executive Director once, for not more than five years. The Management Board shall inform the European Parliament and the Council about its intention to extend the Executive Director's mandate. Before the Management Board takes its decision to extend the mandate, the Executive Director may be asked to make a declaration before the competent committee of the European Parliament and answer questions.
Amendment 57 #
2023/0163(COD)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission. The European Parliament and the Council shall be informed of the reasons.
Amendment 58 #
2023/0163(COD)
Proposal for a regulation
Article 22 – paragraph 6 a (new)
Article 22 – paragraph 6 a (new)
6a. The Management Board shall reach decisions on appointment, extension of the term of office or removal from office of the Executive Director on the basis of a two-thirds majority of its members with voting rights.
Amendment 59 #
2023/0163(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. The Executive Director shall report to the European Parliament on the performance of his/her duties when invited to do so. The Council may invite the Executive Director to report on the performance of his/her duties. The Executive Director may be called upon at any time by the European Parliament or by the Council to attend a hearing on any matter linked to the Agency's activities.
Amendment 60 #
2023/0163(COD)
Proposal for a regulation
Article 23 – paragraph 5 – point a
Article 23 – paragraph 5 – point a
(a) ensure the sustainable and efficient day-to-day administration of the Agency in line with the ‘Do No Significant Harm’ principle;
Amendment 61 #
2023/0163(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point c
Article 26 – paragraph 3 – point c
(c) any fees and charges for infrastructure, publications, and training or any other services falling under the scope of this Regulation provided by the Agency in accordance with the implementingdelegated acts adopted pursuant to Article 33;
Amendment 63 #
2023/0163(COD)
Proposal for a regulation
Article 33 – title
Article 33 – title
Amendment 64 #
2023/0163(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1 – introductory part
Article 33 – paragraph 1 – subparagraph 1 – introductory part
The Commission shall adopt, in accordance with the principles set out in paragraphs 2, 3 and 4 implementingdelegated acts specifying:
Amendment 65 #
2023/0163(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1 – point a
Article 33 – paragraph 1 – subparagraph 1 – point a
(a) the fees and charges payable to the Agency, in particular in application of Article 26 (3) point (c); and
Amendment 66 #
2023/0163(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 2
Article 33 – paragraph 1 – subparagraph 2
Amendment 67 #
2023/0163(COD)
Proposal for a regulation
Article 34
Article 34
Amendment 69 #
2023/0163(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. In order to facilitate combating fraud, corruption and other unlawful activities under Regulation (EU, Euratom) No 883/2013, as well as observance of human rights and environmental protection principles, the Agency shall adopt appropriate provisions applicable to all employees of the Agency.
Amendment 70 #
2023/0163(COD)
Proposal for a regulation
Article 38 – paragraph 2 a (new)
Article 38 – paragraph 2 a (new)
2a. The Agency shall be encouraged to deploy interoperable platforms such as EDES, in order to mitigate potential risks listed in paragraph 1.
Amendment 38 #
2023/0156(COD)
Proposal for a regulation
Article 212 – paragraph 4
Article 212 – paragraph 4
4. Members of the Management Board and their alternates shall be appointed in the light of their knowledge in the field of customs, taking into account relevant managerial, administrative and budgetary skills. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of its work. All parties shall aim to achievensure a gender- balanced representation on the Management Board.
Amendment 40 #
2023/0156(COD)
Proposal for a regulation
Article 212 – paragraph 5 a (new)
Article 212 – paragraph 5 a (new)
5 a. Each member and alternate shall sign a written statement at the time of taking office declaring that he or she is not in a situation of conflict of interests. Each member and alternate shall update his or her statement in the case of a change of circumstances with regard to any conflict of interests or at least on an annual basis. The Agency shall publish the statements and their updates on its website.
Amendment 41 #
2023/0156(COD)
Proposal for a regulation
Article 213 – paragraph 1
Article 213 – paragraph 1
1. The Management Board shall elect a Chairperson from among the Commission representatives and a Deputy Chairperson from among its other members with voting rights ensuring gender balance.
Amendment 45 #
2023/0156(COD)
Proposal for a regulation
Article 217 – paragraph 4
Article 217 – paragraph 4
4. The Executive Board shall be composed of the two representatives of the Commission to the Management Board and three other members appointed by the Management Board from among its members with the right to vote and ensuring gender balance. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote. The decisions of the Executive Board shall be taken by simple majority. Decisions with respect to paragraph (2), point (b) may only be taken if one representative of the Commission casts a positive vote.
Amendment 46 #
2023/0156(COD)
Proposal for a regulation
Article 218 – paragraph 1 – subparagraph 2
Article 218 – paragraph 1 – subparagraph 2
The Executive Director shall be appointed by the Management Board on grounds of merit and documented administrative and managerial skills, as well as relevant competence and experience, from a list of at least three candidates proposed by the Commission, following an open and transparent selectionin accordance with the following procedure.:
Amendment 47 #
2023/0156(COD)
Proposal for a regulation
Article 218 – paragraph 1 – subparagraph 2 – point a (new)
Article 218 – paragraph 1 – subparagraph 2 – point a (new)
(a) on the basis of a shortlist drawn up and published by the Commission ensuring gender balance after a call for candidates and a transparent selection procedure, applicants will be asked to address the competent committee of the European Parliament and the Council and to reply to questions;
Amendment 48 #
2023/0156(COD)
Proposal for a regulation
Article 218 – paragraph 1 – subparagraph 2 – point b (new)
Article 218 – paragraph 1 – subparagraph 2 – point b (new)
(b) the European Parliament and the Council will then give their opinions and state their preferences;
Amendment 49 #
2023/0156(COD)
Proposal for a regulation
Article 218 – paragraph 1 – subparagraph 2 – point c (new)
Article 218 – paragraph 1 – subparagraph 2 – point c (new)
(c) the Management Board will appoint the Executive Director taking those opinions into account.
Amendment 50 #
2023/0156(COD)
Proposal for a regulation
Article 218 – paragraph 3
Article 218 – paragraph 3
3. The Management Board, acting on a proposal from the Commission whichthat takes into account the assessment referred to in paragraph 24, may extend the term of office of the Executive Director once, for no more than 5 yearfive years. The Management Board shall inform the European Parliament and the Council about its intention to extend the Executive Director's mandate. Before the Management Board takes its decision to extend the mandate, the Executive Director may be asked to make a declaration before the competent committee of the European Parliament and answer questions.
Amendment 51 #
2023/0156(COD)
Proposal for a regulation
Article 218 – paragraph 5
Article 218 – paragraph 5
5. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission. The European Parliament and the Council shall be informed of the reasons.
Amendment 52 #
2023/0156(COD)
Proposal for a regulation
Article 219 – paragraph 3
Article 219 – paragraph 3
3. The Executive Director shall report to the European Parliament and the Council on the performance of his or her duties and the overall performance of the EU Customs Authority when invited to do so. The Executive Director may be called upon at any time by the European Parliament or by the Council to attend a hearing on any matter linked to the Agency's activities.
Amendment 53 #
2023/0156(COD)
Proposal for a regulation
Article 219 – paragraph 5 – point a
Article 219 – paragraph 5 – point a
(a) (a) ensure the sustainable and efficient day-to-day administration of the EU Customs Authority in line with the ‘Do No Significant Harm’ principle;
Amendment 54 #
2023/0156(COD)
Proposal for a regulation
Article 228 – paragraph 1
Article 228 – paragraph 1
1. In order to combat fraud, corruption and other unlawful activities, as well as ensure observance of human rights and environmental protection principles, within the EU Customs Authority, the provisions of Regulation (EU, Euratom) No 883/2013 shall apply without restriction.
Amendment 55 #
2023/0156(COD)
Proposal for a regulation
Article 228 – paragraph 3 a (new)
Article 228 – paragraph 3 a (new)
3 a. The EU Customs Authority shall be encouraged to deploy interoperable platforms such as EDES, in order to mitigate potential risks listed in paragraph 1.
Amendment 19 #
2023/0079(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Given the complexity and the transnational character of critical raw material value chains, uncoordinated national measures to ensure a secure and sustainable supply of critical raw materials have a high potential of distorting competition and fragmenting the internal market. Therefore, to safeguard the functioning of the internal market, a common Union framework should be created to collectively address this central challenge, including with a view to sharing the burden of the costs of such measures, while safeguarding EU State aid rules.
Amendment 28 #
2023/0079(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Private investment by companies, financial investors and off takers is essential. Where private investment alone is not sufficient, or where market mechanisms lead to an excessive concentration on few suppliers, the effective roll-out of projects along the critical raw material value chain may require public support, for example in the form of guarantees, loans or equity and quasi-equity investments. This public support may constitute State aid. Such aid must have an incentive effect and be necessary, appropriate and proportionate. The existing State aid guidelines, which have recently undergone an in-depth revision in line with twin transition objectives, provide ample possibilities to support investments along the critical raw materials value chain subject to certain conditions.
Amendment 29 #
2023/0079(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29 a) In principle, reliance on market mechanisms will favour the most price- competitive source for raw material supply chains, which could lead to alternative sources ceasing operations and excessive concentration. Mitigating such vulnerabilities can therefore carry additional costs above the lowest market price. Any public funding compensating for this effect needs to be accessible equally across all Member States, requiring joint funding at European level. Such funding should not come at the expense of existing MFF priorities, but rather constitute funds drawn from the unallocated margins under the MFF ceilings or mobilised through the non- thematic MFF special instruments.
Amendment 39 #
2023/0079(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) To address the current lack of information on the critical raw materials potential of closed extractive waste facilities, Member States should draw up a database containing all information relevant to promote the recovery, notably the quantities and concentrations of critical raw materials in the extractive waste facility, in compliance with Union competition rules. The information should be made publicly available and in a user- friendly and digital form, enabling access to more detailed, technical information. To facilitate user-friendly access to the information, Member States should for instance provide a point of contact to enable more in-depth exchanges with potential developers of critical raw materials recovery projects. The database should be designed to allow potential project promoters to easily identify facilities with a high potential for economically viable recovery in the short and medium term. To focus limited resources, Member States shcould follow a staged approach in the collection of information and perform the more demanding information collection steps only for the most promising facilities. The information collection activities should be aimed at providing accurate and representative information on the extractive waste facilities and gaining the best possible indication of the critical raw materials recovery potential.
Amendment 46 #
2023/0079(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1 a. For Strategic Projects located in the Union, the support referred to in paragraph 1 shall be conditional on stringent environmental, social and labour commitments taken by the relevant project promoters, including in the form of decarbonisation plans, labour reskilling plans, commitment to effective social dialogue and collectively negotiated wages, high quality apprenticeships and decent working conditions.
Amendment 48 #
2023/0079(COD)
Proposal for a regulation
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
1 b. In order to prevent fragmentation of the single market, support mentioned in paragraph 1 of this article shall also be made available from the EU Sovereignty Fund.
Amendment 49 #
2023/0079(COD)
Proposal for a regulation
Article 14 – paragraph 1 c (new)
Article 14 – paragraph 1 c (new)
1 c. The Commission shall draw on resources from the EU Sovereignty Fund with special focus on facilitating the creation and expansion of critical raw material processing and recycling facilities working in close cooperation with the European Environmental Agency and the European Climate, Infrastructure and Environment Executive Agency to ensure the highest ecological social standards possible. The amount of the financial envelope shall be drawn from the unallocated margins under the multiannual financial framework ceilings or mobilised through its non-thematic special instruments.
Amendment 63 #
2023/0079(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1 a. The Commission shall additionally set up a one-stop-shop to coordinate funding sources for the benefit of equal information and opportunity for economic actors throughout the Member States.
Amendment 65 #
2023/0079(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall set up a system to facilitate the conclusion of off- take agreements related to Strategic Projectsto the benefit of those Strategic Projects identified pursuant to Article 5, in compliance with competition rules.
Amendment 76 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) increase the collection of waste with highand sorting of waste containing a relevant amount of critical raw materials recovery potential and ensure their introduction into the appropriate recycling system, with a view to maximising the availability and quality of recyclable material as an input to critical raw material recycling facilities;
Amendment 78 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) increase the waste prevention, repair, preparation for re-use and re-use of products and components with highcontaining a relevant amount of critical raw materials recovery potential;
Amendment 83 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point e a (new)
Article 25 – paragraph 1 – point e a (new)
(e a) significantly reduce the annual consumption of critical raw materials compared to projections until 2030, 2040 and 2050, of annual consumption of critical raw materials. These projections shall be set by the Commission by means of a delegated act adopted by [3 months after the entry into force of this Regulation], in accordance with Article 36;
Amendment 86 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
The programmmeasures referred to in points (a) to (c) of paragraph 1 shall cover in particular products and waste which are not subject to any specific requirement on collection, treatment, recycling or re-use under Union legislation. For other products and waste, the measures shall be implemented in coherence with existing Union legislation.
Amendment 87 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
With respect to points (a) and (b) of paragraph 1, the programmes referred to in that paragraph may include, without prejudice to Articles 107 and 108 of the TFEU, the introduction of financial incentives, such as discounts, monetary rewards or deposit-refund systems, to encourage the re-use of products with higha relevant amount of critical raw materials recovery potential and the collection of waste from such products, as well as economic instruments and other measures listed in Annex IVa of Directive 2008/98/EC on waste.
Amendment 88 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Each Member State shall by [OP please insert: 4 years after the date of entry into force of this Regulation] adopt and implement measures to promote the recovery of critical raw materials from extractive waste, in particular from closed waste facilities identified in the database created in accordance with Article 26 as containing potentially economically recoverable critical raw materials.
Amendment 89 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 1
Article 25 – paragraph 7 – subparagraph 1
The Commission shall adopt implementing acts specifying a list of products, components and waste streams that shall at least be considered as having a highrelevant amount of critical raw materials recovery potential within the meaning of paragraph 1 (a) and (b).
Amendment 90 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 2 – point a
Article 25 – paragraph 7 – subparagraph 2 – point a
(a) the total amount and proportion of critical raw materials recoverable from those products, components and waste streams:
Amendment 109 #
2023/0079(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Access to raw materials is essential for the Union economy and the functioning of the internal market. There is a set of non-energy, non-agricultural raw materials that, due to their high economic importance and their exposure to high supply risk, often caused by a high concentration of supply from a few third countries, are considered critical. Given the key role of many such critical raw materials in realising the green and digital transitions, and in light of their use for defence and space applications, demand will increase exponentially in the coming decades if no sufficient measures are implemented to mitigate growth and protect the EU from the rising gap between demand and supply at the global level. At the same time, the risk of supply disruptions is increasing against the background of rising geopolitical tensions and resource competition. Furthermore, if not managed and mitigated properly, increased demand for critical raw materials could lead to negative environmental and social impacts. Considering these trends, it is necessary to take measures to ensure access to a secure and sustainable supply of critical raw materials and to curb the expected exponential growth in demand in the Union, in order to safeguard the Union's economic resilience and open strategic autonomy.
Amendment 129 #
2023/0079(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Firstly, in order to effectively ensure the Union's access to a secure and sustainable supply of critical raw materials, that framework should include measures to decrease the Union's growing supply risks by mitigating the expected exponential growth in demand, and by strengthening Union capacities along all stages of the strategic raw materials value chain, including extraction, processing and recycling, towards benchmarks defined for each strategic raw material. Secondly, as the Union will continue to rely on imports, the framework should include measures to increase the diversification of external supplies of strategic raw materials. Thirdly, is necessary to provide measures to reinforce the Union’s ability to monitor and mitigate existing and future supply risks. Fourthly, the framework should contain measures to increase the circularity and sustainability of the critical raw materials consumed in the Union, towards a fully circular economy.
Amendment 132 #
2023/0079(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to ensure that the measures set out in the Regulation focus on the most relevant materials from non-agricultural and non-energy materials, a list of strategic raw materials and a list of critical raw materials should be established. Those lists should also serve to guide and coordinate Member States’ efforts to contribute to the realisation of the aims of this Regulation. The list of strategic raw materials should contain raw materials that are of high strategic importance, taking into account their use in strategic technologies underpinning the green and digital transitions or for defence or, space or health applications, that are characterised by a potentially significant gap between global supply and projected demand, and for which an increase in production is relatively difficult, for instance due to long lead-times for new projects increasing supply capacity and which present a very low potential of substitution. To take account of possible technological and economic changes, the list of strategic materials should be periodically reviewed and, if necessary, updated. In order to ensure that efforts to increase the Union capacities along the value chain, reinforce the Union’s capacity to monitor and mitigate supply risks and increase diversification of supply are focused on the materials for which they are most needed, the relevant measures should only apply to the list of strategic raw materials.
Amendment 143 #
2023/0079(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) In order to increase resilience of the Union in the context of the anticipated sharp increase in demand for certain raw materials worldwide, particularly with regard to the development of certain strategic technologies, the Union should take anticipative measures to mitigate the expected increase in the consumption of critical raw materials compared to projections, without compromising the achievement of the objective enshrined in the Climate Law and in accordance with the necessary reinforcement of the Union’s strategic autonomy. These policy measures should take into account social impacts and redistributive effects.
Amendment 156 #
2023/0079(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) To strengthen Union capacities along the strategic raw materials value chain, benchmarks should be set to guide efforts and track progress. The aim should be to increase capacities for each strategic raw material at each stage of the value chain, while aiming to achieve overall capacity benchmarks for extractionself-sufficiency, processing and recycling of strategic raw materials. Firstly, the Union should increase the use ofassess and map its own geological resources of strategiccritical raw materials and build up capacity to allow it to extract the materials needed to produceensure a level of self-sufficiency of at least 10 % of the Union's consumption of strategic raw materials. K, keeping in mind that extraction capacity is highly dependent on the availability of Union geological resources, the achievement of this benchmark is dependent on such availabilityand that secondary raw materials should be prioritised. Secondly, in order to build a full value chain and prevent any bottlenecks at intermediate stages, the Union should in addition increase its processing capacity along the value chain and be able to produce at least 40 % of its annual consumption of strategic raw materials. Thirdly, it is expected that in the coming decades a growing share of the Union's consumption of strategic raw materials canshould be covered by secondary raw materials, which wouldin order to improve both the security and the sustainability of the Union’s raw materials supply. Therefore, Union recycling capacity should be able to producess at least 1570 % of the Union’s annual consumptionvolume of strategic raw materials available for recycling. These benchmarks refer to the 2030 time horizon, in alignment with the Union's climate and energy targets set under Regulation (EU) 2021/1119 of the European Parliament and of the Council29 and the digital targets under the Digital Decade30, which they underpin. Furthermore, quality jobs, including skills development and job-to-job transitions and increased participation of women, will address risks in the sectoral labour market and help ensure the EU’s competitiveness. _________________ 29 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 (OJ L 243, 9.7.2021, p. 1). 30 Decision (EU) 2022/2481 of the European Parliament and of the Council of 14 December 2022 establishing the Digital Decade Policy Programme 2030 (OJL 323, 19.12.2022, p. 4–26 )
Amendment 162 #
2023/0079(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) For some raw materials, the Union is almost fully dependent on a single country for its supply. Such dependencies entail a high risk of supply disruptions. To limit such potential risk and increase the Union’s economic resilience, efforts should be undertaken to ensure that, by 2030, it is not dependent on a single third country for more than 65% of its supply of any strategic raw material, unprocessed and at any stage of processing, taking into account the level of concentration of the corresponding value chain at a global scale, giving however special consideration to countries with whom the Union has established a Strategic Partnership on raw materials giving rise to greater assurances regarding supply risks.
Amendment 166 #
2023/0079(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) It is necessary to put in place appropriate measures to support Strategic Projects aimed at the extraction, processing or recycling of strategic raw materials in the Union that should, together with Member State efforts, contribute to increasing capacities towards the benchmarks. Other measures, notably on exploration or circularity, should also contribute, mitigation of demand or circularity, are equally important to the reinforcement of different stages of the value chain and thereby contribute to the achievement of the benchmarks. To ensure that the benchmarks are met in time, the Commission, with the help of the European Critical Raw Materials Board (‘the Board’) should track and report progress towards the benchmarks. In case the reported progress towards the benchmarks is generally insufficient, the Commission should assess the feasibility and proportionality of additional measures. A lack of progress only on a single or small set of strategic raw material should in principle not trigger the need for additional Union efforts.
Amendment 179 #
2023/0079(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to diversify the Union's supply of strategic raw materials, the Commission should, with the support of the Board, identify Strategic Projects in third countries that intend to become active in the extraction, processing or recycling of strategic raw materials. To ensure that such Strategic Projects are effectively implemented, they should benefit from improved access to finance. In order to ensure their added value, including for third countries where they are located, projects should be assessed against a set of criteria. Like projects in the Union, Strategic Projects in third countries should strengthen the Union's security of supply for strategic raw materials, show sufficient technical feasibility and be implemented sustainably. For projects in emerging markets and developing economies, tThe project should be mutually beneficial for the Union and the third country involved and add value in that country, taking into account also its consistency with the Union’s common commercial policy. Such value may be derived from the project’s contribution to more than one stage of the value chain as well as from creating through the project wider economic and social benefits, including the creation of employment in compliance with international standards. Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision.
Amendment 184 #
2023/0079(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure the sustainability of increased raw material production, new raw materials projects should be implemented sustainably. To that end, the Strategic Projects receiving support under this Regulation should be assessed taking into account international instruments covering notably all aspects of sustainability highlighted in the EU principles for sustainable raw materials31, including ensuring environmental protection and the protection of marine and coastal environment, socially responsible practices, including respect for human rights such as the rights of women, and transparent business practices. Projects should also ensure engagement in good faith as well as comprehensive and meaningful consultations with local communities, includingespeciallywith indigenous peoples. To provide project promoters with a clear and efficient way of complying with this criterion,compliance with relevant Union legislation, international standards, guidelines andprinciples or participation in a certification scheme recognised under this Regulation should be considered sufficient, in fullcompliance with theprinciples of Free Prior and Informed Consent (FPIC) and respecting the right to say no of those communities. _________________ 31 European Commission, Directorate- General for Internal Market, Industry, Entrepreneurship and SMEs, EU principles for sustainable raw materials, Publications Office, 2021, https://data.europa.eu/doi/10.2873/27875
Amendment 192 #
2023/0079(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Any promoter of a strategic raw materials project should be able to apply to the Commission for the recognition of their project as a Strategic Project. The application should include several documents and evidence related to the criteria. To better assess the social, environmental and economic viability, the feasibility of the project as well as the level of confidence in the estimates, the project promoter should also provide a classification of the project according to the United Nations Framework Classification for Resources, and to allow for objective validation, they should support this classification with relevant evidence. A timetable for the project should also be attached to an application, in order to estimate when the project would be able to contribute towards the benchmarks for domestic capacity or for diversification. As public acceptance of mining projects is crucial for their effective implementation, the promoter should also provide a plan containing measures to facilitate public acceptanceensure proper public participation. Special attention should be paid to social partners, civil society and other oversight actors. The promoter should also provide a business plan providing information regarding the project’s financial viability and giving an overview of funding and off- take agreements already secured as well as estimates for potential job creation and for the project’s needs in terms of skilled workforce, including upskilling and reskilling, and the initiatives envisaged to improve participation of women as well as the overall working conditions.
Amendment 195 #
2023/0079(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) To ensure the effective and efficient treatment of applications, the Commission should be able prioritise the processing of applications for projects related to specific underrepresented value chain stages or strategic raw materials, in order to be able to ensure the Union's balanced progress towards all benchmark for Union capacity included in this Regulation. The Commission should prioritise Strategic Projects contributing to circularity of raw materials.
Amendment 196 #
2023/0079(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) To prevent misuse of the recognition as Strategic Project, the Commission should be able to repeal its initial decision to recognise a project as strategic if it no longer fulfils the conditions or the recognition was based on an application containing incorrect information. Before it can do so, the Commission should consult the Board and hear the project promoter. Project promoters remain entirely liable for any gross misinformation or deliberate deceit, and can be subject to corresponding judicial proceedings.
Amendment 197 #
2023/0079(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In light of their importance for ensuring the security of supply of strategic raw materials, Strategic Projects should be considered to be in the public interest. Ensuring the security of supply of strategic raw materials is of crucial importance for the success of the green and digital transitions as well as the resilience of the defence and, space and health sectors. To contribute towards security of supply of strategic raw materials in the Union, Member States may provide for support in national permit granting procedures to speed up the realisation of Strategic Projects in accordance with Union law.
Amendment 202 #
2023/0079(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) At the same time, the unpredictability, complexity and, at times, excessive length of national permit- granting processes could undermines the investment security needed for the effective development of strategic raw material projects. Therefore, in order to ensure and speed up their effective implementation, Member States should apply streamlined and predictable permitting procedure to Strategic Projects. To that end, Strategic Projects should be given priority status at national level to ensure rapid administrative treatment and urgent treatment in all judicial and dispute resolution procedures relating to them. This Regulation should not prevent competent authorities from streamlining permitting for other projects on the critical raw materials value chain that are not Strategic Projects.
Amendment 205 #
2023/0079(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Given their role in ensuring the Union's security of supply for strategic raw materials, and their contribution to the Union's open strategic autNature and biodiversity sustain life on Earth, deliver numerous essential ecosystem services, thereby underpinning the economy, and the green and digital transition, Strategic Projects should be considered by the responsible permitting authority as being in the public interest. Strategic Projects which have an adverse impact on the environment, to the extent it falls under the scope ofmitigate and adapt against the impacts of climate change. Even if a number of pieces of EU legislation, such as Council Directive 92/43/EEC, Directive 2000/60/EC, Council Directive 92/43/E2009/147/EC and Directive 2009/147/EC39may be authorised where the responsible permitting authority concludes, based on its case-by-c8/56/EC, aim to protect and restore habitats and species, Europe continues to lose biodiversity at an alarming rate. For this reason, ase assn essment, that the public interest served by the project overrides those impacts, provided that all relevant conditionsset out in those Directives are met. Where relevant, the case-by-case assessmentshould take into account the geological specificity of extraction sites, which constrains decisions on location. _________________ 39 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7–25)ial part of the Green Deal, the Union is raising efforts to protect and restore nature, with new objectives and measures set out in, inter alia, the EU Biodiversity Strategy, General Union Environment Action Programme to 2030 (Decision (EU) 2022/591) and the Nature Restoration Law [COM/2022/304 final], and new international commitments in the framework of the UN Convention on Biological Diversity. To ensure policy coherence and to prevent necessary action in response to the ecological crises from being undermined, raw materials projects under the scope of this Regulation should not be located within protected areas designated under Union’s environmental legislation.
Amendment 214 #
2023/0079(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure clarity about the permitting status of Strategic Projects and to limit the effectiveness of potential abusive litigation, while not undermining effective judicial review, Member States should ensure that any dispute concerning the permit granting process for Strategic Projects is resolved in a timely manner. To that end, national competent authorities should ensure that applicants and project promoters have access to simple dispute settlement procedure and that Strategic Projects are granted urgent treatment in all judicial and dispute resolution procedures relating to the projects, without prejudice to the enforcement of the right to redress and the diligent application of the right to say no of local communities, especially of indigenous peoples.
Amendment 215 #
2023/0079(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to provide project promoters and other investors with the security and clarity needed to increase development of Strategic Project, Member States should ensure that the permit granting process related to such projects does not exceed pre-set time limit. For Strategic Projects involving only processing or recycling, the length of the permit granting process should not exceed 1 year. However, for Strategic Projects that involve extraction the length of the permit granting process should, considering the complexity and extent of the potential impacts involved, not exceed 2 years when only extractive waste are involved, and 3 years otherwise. To effectively achieve those time limits, Member States should ensure that the responsible authorities have sufficient resources and personnel. Through the Technical Support Instrument, the Commission supports Member States, upon their request, in designing, developing and implementing reforms including the strengthening of the administrative capacity related to national permitting.
Amendment 218 #
2023/0079(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The environmental assessments and authorisations required under Union law, including in relation to water, habitats and birds, are an integral part of the permit granting process for a raw material project and an essential safeguard to ensure that negative environmental impacts are prevented or minimised. However, iIn order to ensure that the permit granting processes for Strategic Projects are predictable and timely, any potential to streamline the required assessments and authorisations while not lowering the level of environmental protection should be realised. In that regard, it should be ensured that the necessary assessment arcan be bundled to prevent unnecessary overlap and it should be ensured that project promoters and responsible authorities explicitly agree on the scope of the bundled assessment before it is implemented to prevent unnecessary follow-up.
Amendment 220 #
2023/0079(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Land use conflicts can create barriers toarise from the deployment of critical raw material projects. Well-designed plans, including spatial plans and zoning, that take into account the potential for implementing critical raw material projects and whose potential environmental impacts are assessed, have the potential to help balance public goods and interests, decreasing the risk of conflict and accelerating the sustainable deployment of raw materials projects in the Union. Responsible national, regional and local authorities should therefore consider including provisions for raw materials projects when developing relevant plans.
Amendment 224 #
2023/0079(COD)
(27) A strong value chain in Europe can be built only with adequate financial means. The Commission will work with InvestEU implementing partners to seek ways to scale up support to investment in line with the common objectives set out in Regulation (EU) 2021/52341and in this Regulation, in full compliance with the EIB eligibility, excluded activities and excluded sectors list. The InvestEU Advisory Hub can contribute to the build- up of apipeline of viable projects. _________________ 41 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ 64, 26.3.2021, p. 30-89)
Amendment 227 #
2023/0079(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In order to overcome the limitations of the currently often fragmented public and private investments efforts, facilitate integration and return on investment, the Commission, Member States and promotional banks should better coordinate and create synergies between the existing funding programmes at Union and national level as well as ensure better coordination and collaboration with industry and key private sector stakeholders. To that end, a dedicated sub-group of the Board bringing together experts from the Member States and the Commission as well as relevant public financial institutions should be set up. This sub-group should discuss the individual financing needs of Strategic Projects and their existing funding possibilities in order to provide project promoters with a suggestion on how to best access existing financing possibilities. When discussing and making recommendations for the financing of Strategic Projects in third countries, the Board should in particular take into account the Global Gateway strategy42 , and coordinate with national and international development finance institutions (DFIs). _________________ 42 Joint Communication to the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank The Global Gateway (JOIN/2021/30 final).
Amendment 240 #
2023/0079(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The existing knowledge and mapping of the Union’s raw materials occurrences were developed at a time when ensuring the supply of critical raw materials for the development of strategic technologies was not a priority. To acquire and update information on the critical raw material occurrences, Member States should draw up national programmes for the general exploration of critical raw materials in the continental crust, which should include measure such as mineral mapping, geochemical campaigns, geoscientific surveys as well as the reprocessing of existing geoscientific datasets. The identification of mineral occurrences and the assessment of the technical and economic viability to extract them involves high financial. To lower that risk and facilitate the development of extraction projects, Member States should make publicly available the information acquired during their respective national exploration programme, where appropriate using the framework of the Infrastructure for Spatial Information established by Directive 2007/2/EC of the European Parliament and the Council43. _________________ 43 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1-14).
Amendment 244 #
2023/0079(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Space data and services derived from earth observation can support the efforts towards sustainable critical raw materials value chains by providing a continuous flow of information, which could be useful for activities such as monitoring and management of mining areas, the environmental and socio- economic impact assessment before and during exploitation to ensure compliance with social and environmental regulatory frameworks, or mineral resource exploration. As earth observation is also able to provide data about remote and inaccessible areas, it should be considered by Member States when drawing up and implementing their national exploration programmes to the extent possible.
Amendment 245 #
2023/0079(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Although the reinforcement of the Union’s critical raw materials value chain is necessary to ensure increased security of supply, the supply chains of critical raw materials will remain global and exposed to external factors. Recent or ongoing events ranging from the COVID-19 crisis to the unprovoked and unjustified military aggression against Ukraine underlined the vulnerability of some of the Union’s supply chains to disruptions and the urgency to identify levers to limit the growth in demand, especially of strategic raw materials. In order to ensure that Member States and European industries are able to anticipate supply disruption and prepared to withstand their consequences, measures should be developed to increase monitoring capacity, coordinate strategic stocks and reinforce the preparedness of companies.
Amendment 250 #
2023/0079(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Member States do not have the same capacity when it comes to risk- awareness and anticipation, and not all Member States have developed dedicated structures that monitor the supply chains of critical raw materials and can inform companies about potential risks of supply disruptions. Similarly, although some companies have invested in the monitoring of their supply chains, others lack the capacity to do so. Therefore, in light of the global dimension of critical raw materials supply chains as well as their complexity, the Commission should develop a dedicated monitoring dashboard assessing critical raw materials’ supply risks and ensure the availability of the information gathered for public authorities and private actors, thereby increasing synergies amongst Member States. In order to ensure that Union value chains are sufficiently prepared against potential supply disruptions, the Commission should conduct stress tests assessing the vulnerability of the strategic raw materials supply chains and their exposure to supply risks. Member States should contribute to this exercise by, when possible conducting such stress tests through their national supply and information agencies covering critical raw materials. The Board should ensure the coordination of the implementation of the stress tests by the Commission and Member States. When no Member State has the capacity to perform a required stress test on a given strategic raw material, the Commission should conduct it itself. When making the results of such stress tests publicly available, the Commission should also suggest potential strategies that can be adopted by the public authorities and private actors to mitigate supply risks, such as in the short and medium terms, such as implementing additional policy measures to reduce the need of strategic raw materials, building strategic stocks or further diversifying their supply. For the purpose of gathering the information necessary to conduct the monitoring and stress tests measures, the Commission should coordinate with the relevant standing subgroup of the Board and Member States should identify and monitor key market operators that are important to the functioning of the value chain. When no member of the standing sub-group has the capacity to perform a required stress test on a given strategic raw material, the Commission should conduct it itself.
Amendment 252 #
2023/0079(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Strategic stocks are an important tool to mitigate supply disruptions, notably for raw materials. Although the proposed Single Market Emergency Instrument allows for the possible development of suchtrategic stocks in the event of the activation of the Single Market vigilance mode, Member States and companies do not have obligations to build up or coordinate their strategic stocks ahead of a supply disruption. In addition, there is no coordination mechanism across the European Union that allows for the development of a common assessment and of an analysis of potential overlaps and synergies. Therefore, as a first step, and taking account of the present lack of relevant information, Member States should provide to the Commission information about their strategic stocks, whether they are operated by public authorities or by economic operators on the behalf of the Member States. Such information should include the level of stock available per strategic raw material, the outlook of stock levels, and the rules and procedures applicable to these stocks. Any request should be proportionate, have regard for the cost and effort required to make the data available as well as for its impact on national security, and set out appropriate time limits for providing the requested information. Information on the stocks of economic operators may be added to the analysis, albeit this does not constitute a request for information on them. The Commission should handle the data in a secure manner, and only publish information on an aggregate level. As a second step, based on the information acquired, the Commission should develop a draft benchmark for what should be considered a safe level of Union stocks, taking into account the total annual Union consumption of the concerned strategic raw materials, and a draft benchmark for what should be considered a safe level of Union stocks for vital societal functions or economic activities. Based on a comparison between existing stocks and the overall levels of strategic stocks for strategic raw materials across the Union, the Board, acting in agreement with the Commission, should then be able to issue non-binding opinions to Member States on how to increase convergences and to encourage them in building up their strategies stocks. In doing so, in order to limit the risk of moral hazard, the Board should consider the need to maintain incentives for the development of strategic stocks by private operators using strategic raw materials.
Amendment 260 #
2023/0079(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The provisions on monitoring and strategic stocks included in this Regulation do not entail the harmonisation of national laws and regulations and do not replace existing mechanisms. Monitoring and risk preparedness incentives should be in line with European instruments. Therefore, instruments such as the Single Market Emergency Instrument proposal aiming to anticipate, mitigate and respond to crisis affecting the functioning of the Single Market or the Council Regulation (EU) 2022/237245on a framework of measures for ensuring the supply of crisis-relevant medical countermeasures in the event of a public health emergency at Union level, could still apply to critical and strategic raw materials in the event of a crisis or a threat to the extent that those materials fall within the scope of such instruments. Complementarity and coherence between this Regulation and crisis instruments should be ensured through exchange of informationby the Commissionthrough attentive exchange of information between the respective advisory and governance bodies established by these crisis instruments. _________________ 45 Council Regulation (EU) 2022/2372 of 24 October 2022 on a framework of measures for ensuring the supply of crisis- relevant medical countermeasures in the event of a public health emergency at Union level (OJ 314, 6.12.2022, p.64-78)
Amendment 262 #
2023/0079(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Most critical raw materials are metals, which can be in principle endlessly recycled, albeit with sometimes deteriorating qualities. This offers the potential to move to a truly circular economy in the context of the green transition. After an initial phase of rapid growth of demand for critical raw material for new technologies, where primary extraction and processing will still constitute the predominant sourHence, recycling should become increasingly important and reduce the need for primary extraction and its associated impacts. Today, however, recycling rates of most critical raw materials are low, including due to a lack of consideration of recyclability at the design phase of products, and recycling systems and technologies are often not adapted to the specificities of these raw materials. Action addressing the different factors holding back the circularity potential is thus required. Regardless of the amount of strategic raw materials consumed in the Union in 2030, the horizon of travel should aim at the full circularity of those raw materials.
Amendment 267 #
2023/0079(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Member States retain important competences in the field of circularity, for example in the area of waste collection and treatment systems. These should be used to increase collection and recycling rates for waste streams with a high potential for recovery of critical raw materials, making use for example of financial incentives such as discounts, monetary rewards or deposit-refund systems. Member State authorities should also make a difference as buyers of critical raw materials and of products containing them, and national research and innovation programmes provide significant resources to increase the state of knowledge and technology for critical raw materials circularity as well as material efficiency, and substitution strategies. Finally, Member States should promote the recovery of critical raw materials from extractive waste by improving the availability of information and by addressing legal, economic and technical barriers. One possible solution that Member States should look into are risk- sharing mechanisms between operators and the Member State to promote recovery from closed waste facilities.
Amendment 271 #
2023/0079(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) The Union has, in many of its regions, a legacy of raw materials extraction and thus substantial amounts of extractive waste on closed facilities which, due to their only recent rise in economic importance, have generally not been analysed for critical raw materials potential. The recovery of critical raw materials from extractive waste facilities has the potential to create economic value and employment in historical mining regions, which are often affected by deindustrialisation and decline, while improving resilience of the Union and limiting the negative environmental and social impacts of access to raw materials. The lack of attention to, and information on critical raw materials content, especially on closed waste facilities, constitutes a key barrier to greater use of the critical raw materials potential of extractive waste.
Amendment 274 #
2023/0079(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Operators of extractive waste facilities, both existing and new, should perform a preliminary economic assessment study regarding the recovery of critical raw materials from extractive waste present on the site and from such waste being generated. In line with the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council46, priority should be given to preventing the generation of waste containing critical raw materials, by extracting critical raw materials from the extracted volume prior to it becoming waste. In elaborating this study, operators should gather the necessary information, including concentrations and quantities of critical raw materials in the extractive waste, and perform an assessment of multiple options regarding processes, operations or business arrangements that could enable an econom technically viafeasiblerecovery of critical raw materials based on the current state of the art of technics and technologies, as well as the conditions for the economic viability of this recovery. This obligation comes in addition to obligations laid down in Directive 2006/21/EC and the national laws transposing it and is directly applicable. In its implementation, operators and competent authorities should seek to minimise administrative burden and integrate procedures to the extent possible. _________________ 46 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3-30).
Amendment 278 #
2023/0079(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) To address the current lack of information on the critical raw materials potential of closed extractive waste facilities, Member States should draw up a database containing all information relevant to promote the recovery, notably the quantities and concentrations of critical raw materials in the extractive waste facility, in compliance with Union competition rules. The information should be made publicly available and in a user- friendly and digital form, enabling access to more detailed, technical information. To facilitate user-friendly access to the information, Member States should for instance provide a point of contact to enable more in-depth exchanges with potential developers of critical raw materials recovery projects. The database should be designed to allow potential project promoters to easily identify facilities with a high potential for economically viable recovery in the short and medium terms. To focus limited resources, Member States shcould follow a staged approach in the collection of information and perform the more demanding information collection steps only for the most promising facilities. The information collection activities should be aimed at providing accurate and representative information on the extractive waste facilities and gaining the best possible indication of the critical raw materials recovery potential.
Amendment 282 #
2023/0079(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) Critical raw materials sold on the Union market are often certified regarding the sustainability of their production and supply chain. Certification can be obtained in the context of a broad range of public and private certification schemes available with varying scopes and stringency, creating the potential for confusion regarding the nature and veracity of claims made about the relative sustainability of critical raw materials placed on the Union market based on such certification. The Commission should be empowered to adopt implementing acts recognising certification schemes that should be considered comprehensive and trustworthy, providing a common basis for authorities and market participants for assessing the sustainability of critical raw materials. Recognition should be given only to certification schemes that cover a broad range of sustainability aspects, including environmental protection, human rights including labour rights and business transparency related to air, soil, water and biodiversity, human rights including labour rights and governance considerations including business transparency and participation of local communities in the decision making process, which guarantee the highest levels of requirements compared to the global state-of-the-art, and which contain provisions for independent third party verification and monitoring of compliance. To ensure efficient procedures, promoters of projects applying to be recognised as Strategic Projects should be allowed to rely on participation in a recognised scheme to show that their project is implemented sustainablyhe recognised schemes should be reviewed by the Commission periodically in order to ensure that they keep reflecting the highest standards compared to the state of the art.
Amendment 288 #
2023/0079(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) The Union has concluded Strategic Partnerships covering raw materials with third countries in order to implement the 2020 Action Plan on Critical Raw Materials. In order to diversify supply, these efforts should continue. To develop and ensure a coherent framework for the conclusion of future partnerships, the Member States and the Commission should, as part of their interaction on the Board, discuss and ensure coordination on, inter alia, whether existing partnerships achieve the intended aims, the prioritisation of third countries for new partnerships, the content of such partnerships and their coherence and potential synergies between Member States' bilateral cooperation with relevant third countries. The Union should seek mutually beneficial partnerships with those third countries, including with with emerging market and developing economies (EMDE), in coherence with its Global Gateway strategy, which contribute to the diversification of its raw materials supply chain as well as add value in the production in these countries.
Amendment 291 #
2023/0079(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) In order to support the implementation of tasks pertaining to the development of Strategic Projects and their financing, exploration programmes, monitoring capacities or strategic stocks and to advise the Commission appropriately, a European Critical Raw Materials Board should be established. The Board should be composed of Member States and of the Commission, while being able to ensure participation of other parties as observers. The European Parliament should systematically be invited to the meetings of the Board. To develop the necessary expertise for the implementation of certain tasks, the Board should establish standing sub-groups on financing, exploration, monitoring and strategic stocks, that should act as a network by gathering the different relevant national authorities and, when necessary, consult industry, academia, civil society and other relevant stakeholders. The Board’s advice and opinions should be non-binding and the absence of such an advice or opinion should not prevent the Commission from performing its tasks under this Regulation.
Amendment 295 #
2023/0079(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) The absence of progress towards the objectives, including the capacity and diversification benchmarks, may indicate the need for adopting additional measures. The Commission should therefore monitor the progress towards those objectives and report to the European Parliament.
Amendment 298 #
2023/0079(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) In order to ensure trustful and constructive cooperation of competent authorities at Union and national levels, all parties involved in the application of this Regulation should respect the confidentiality of information and data obtained in carrying out their tasks. The Commission and the national competent authorities, their officials, civil servants and other persons working under the supervision of these authorities as well as officials and civil servants of other authorities of the Member States and of the European Parliament should not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. This should also apply to the European Critical Raw Materials Board. The data should be handled and stored in a secure environment.
Amendment 302 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 310 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point -a (new)
Article 1 – paragraph 2 – point -a (new)
(-a) mitigate the Union’s increased consumption of critical raw materials in order to achieve an overall reduction of 70% by 2030, compared to the projections referred to in paragraph 4a;
Amendment 314 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a – point i
Article 1 – paragraph 2 – point a – point i
(i) Union extraction and recycling capacity is able to extract the ores, minerals or concentrates needed to producensure a level of self- sufficiency of at least 10% of the Union's annual consumption of strategic raw materials, to the extent that the Union’s reserves allow for this;
Amendment 322 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii
Article 1 – paragraph 2 – point a – point iii
(iii) Union recycling capacity, including for all intermediate recycling steps, is able to producecollect, sort and process at least 1570% of the Union's annual consumption of strategic raw materials present in waste.
Amendment 334 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) diversify the Union's imports of strategic raw materials with a view to ensure that, by 2030, the Union's annual consumption of each strategic raw material at any relevant stage of processing can rely on imports from several third countries, none of which provide more than 65% of the Union's annual consumption; or more than the corresponding global average concentration, either of these two figures is the lowest;
Amendment 351 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) ensure the free movement of critical raw materials and products containing critical raw materials placed on the Union market while ensuring athe highest level of environmental protection, by improving their durability, repairability, circularity and sustainability.
Amendment 373 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. The Commission shall take into account the objectives and benchmarks laid down in paragraph 2, point a(iii), as related Union priorities within the meaning of Article 5(4)(a)(i) of Regulation XX/XXXX [OP please insert: the Ecodesign for Sustainable Products Regulation], when preparing ecodesign requirements to improve the following product aspects: durability, reusability, reparability, resource use or resource efficiency, possibility of remanufacturing and recycling, recycled content and possibility of recovery of materials.
Amendment 374 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. The Commission shall, by means of a delegated act adopted by [3 months after the entry into force of this Regulation] in accordance with Article 36, provide projections of annual consumption of critical raw materials until 2050 with intermediary milestones, based on a technology rich bottom-up cost optimisation input-output modelling exercise, disaggregated at the level of each Member State or below, and representing all the economic sectors. This shall include the critical raw materials incorporated in intermediate or final products placed on the Union market, and be in line with the Union’s energy and climate objectives and with the ambitions enshrined into the Net-Zero Industry Act.
Amendment 377 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘raw material’ means a substance in processed or unprocessed state used as an input for the manufacturing of intermediate or final products, excluding substances predominantly used as food, or feed or combustion fuelfor energy production;
Amendment 387 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘extraction’ means the primary extraction of ores, minerals and plant products from their original source, including from a mineral occurrence underground, mineral occurrence underfrom water, sea brine andor trees;
Amendment 390 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘Union extraction capacity’ means an aggregate of the potential maximum annual production volumes of extractive operations for ores, minerals, plant products and concentrates containing strategic raw materials, including processing operations that are typically located at or near the extraction site, located in the Union;
Amendment 391 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘Union extraction capacity’ means an aggregate of the potential maximum annual production volumes of extractive operations for ores, minerals, plant products and concentrates containing strategic raw materials, including processing operations that are typically located at or near the extraction site, located in the Union;
Amendment 394 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘reserves’ means all mineral occurrences that are economically viable to extract in a given market context;
Amendment 396 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘processing’ means all physical, chemical and biological processes involved in the transformation of a raw material from ores, minerals, plant products or waste into pure metals, alloys or other economically usable forms;
Amendment 397 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘Union processing capacity’ means an aggregate of the potential maximum annual production volumes of processing operations for strategic raw materials, excluding such operations that are typically located at or near the extraction site, located in the Union;
Amendment 398 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘recycling’ means any recovery operation, including collecting, sorting, and disassembling, by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes;
Amendment 399 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘Union recycling capacity’ means an aggregate of the potential maximum annual production volume of recycling operations for strategic raw materials, including the sorting and pre-treatment of waste and its processing into secondary raw materials, located in the Union;
Amendment 400 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘annual consumption of strategic raw materials’ means an aggregate of the amount of strategic raw materials consumed by undertakings established in the Union in processed formin processed form consumed as inputs in manufacturing processes by undertakings in the Union, excluding strategic raw materials incorporated in intermediate or final products placed on the Union market;
Amendment 403 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘project promoter’ means any undertaking or consortium of undertakings developing a raw material project in the Union or in third countries;
Amendment 404 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘permit granting process’ means a process covering all relevant administrative permits to plan, build and operate the Strategic Projects referred to in Article 5, including building, chemical and grid connection permits and environmental assessments and authorisations where these are required, and encompassing all administrative applications and procedures from the acknowledgment of the validity of the application to the notification of the comprehensive decision on the outcome of the procedure by the responsible national competent authority referred to in Article 8(1), and excluding administrative appeal procedures and judicial remedies before a court or tribunal that may arise;
Amendment 405 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25
Article 2 – paragraph 1 – point 25
(25) ‘supply disruption’ means the unexpected significant decrease in the availability of a raw material or significant increase in the price of a raw material beyond normal market price volatility and that has a significant likelihood to lead to a disruption of public order or public safety;
Amendment 406 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 27
Article 2 – paragraph 1 – point 27
(27) ‘mitigation strategies’ means the policies developactions planned, developed and implemented by an economic operator to limit the likelihood of a supply disruption to its supply chain or to mitigate the damages caused by such a disruption to its economic activity;
Amendment 407 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
(28) ‘key market operators’ means produceeconomic operators involved in the extraction, processing or, recycling of critical raw materials, traders and, trading or distributorsion of critical raw materials, and downstream companiesor consuming significant amounts of critical raw materials compared to the Union's level;
Amendment 408 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 29
Article 2 – paragraph 1 – point 29
(29) ‘strategic stock’ means a quantity of a particular raw material in whichever form that is stored by a public or private operator with a view to releasing it in the event of a supply disruption in order to ensure continuity of production of essential goods, or to maintain public security and public order;
Amendment 413 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 31
Article 2 – paragraph 1 – point 31
(31) ‘strategic technologies’ means the technologies needed for the green and digital transitions as well as for defence and, space and health applications;
Amendment 416 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 31 a (new)
Article 2 – paragraph 1 – point 31 a (new)
(31a) ‘vital amount of strategic raw materials’ means the amount of strategic raw materials consumed in the Union playing an indispensable role in maintaining vital societal functions or economic activities;
Amendment 417 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 38
Article 2 – paragraph 1 – point 38
(38) ‘preliminary economic assessment’ means an early-stage, conceptual assessment of the potential reconomic viability of a raw material project for the recovery of critical raw materials from extractive wastevery of critical raw materials from extractive waste, based on the current state of the art of technics and technologies, as well as the technical and market conditions for the economic viability of such recovery;
Amendment 429 #
2023/0079(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 442 #
2023/0079(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The Commission shall review and, if necessary, update the list of strategic raw materials by [OP please insert: four years after the date of entry into force of this Regulation], and every 4 four years thereafter, in accordance with Annex I, Section 2, constantly monitor the strategic importance, forecasted demand growth and difficulty of increasing production of raw materials and, if necessary, propose to the European Parliament and the Council to amend the list of strategic raw materials.
Amendment 482 #
2023/0079(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the project would be implemented sustainably in the meaning of the social and environmental risk categories identified in point 4a of Annex III , in particular as regards the monitoring, prevention and minimisation of environmental and climate impacts, the use of socially responsible practices including respect of human and labour rights, quality jobs potential and meaningful engagement with local communities and relevant social partners, and the use of transparent business practices with adequate compliance policies to prevent and minimise risks of adverse impacts on the proper functioning of public administration, including corruption and bribery;
Amendment 499 #
2023/0079(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) for projects in third countries that are, including in emerging markets orand developing economies, the project would be mutually beneficial for the Union and the third country concerned by adding value in that country, and comply with equivalent social, environmental and labour requirements to projects in the Union.
Amendment 502 #
2023/0079(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
By [9 months after entry into force of the Regulation], the Commission shall publish guidelines as regards the assessment of the criteria set out in Article 5(1), in particular with regard to the risks referred to in Annex III, point 4a, and particularly in line with Union legislations and international instruments referred to in Annex III, point 4.
Amendment 504 #
2023/0079(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The recognition of a project as a Strategic Project shall not affect the requirements applicable to the relevant project or project promoter under international, Union or national law, including national laws in third countries.
Amendment 507 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Applications for recognition of a raw material project as a Strategic Project shallcan be submitted by the project promoter to the Commission anytime. The Commission shall inform the project promoter about the timetable of its assessment within 10 working days upon reception of the application. The application shall include:
Amendment 508 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) relevant, factual, and sound evidence related to fulfilment of the criteria laid down in Article 5(1);
Amendment 514 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) a plan containing measures to facilitate public acceptanceensure the meaningful involvement and active participation of affected communities all along the project, in particular of local communities and indigenous communities concerned, including, where appropriate, through the establishment of recurrent communication channels with the local communities and organisations, including social partners, the implementation of awareness-raising and information campaigns and, the establishment of mitigation and compensation mechanisms, ensuring that involuntary resettlement is used exclusively as a last resort option;
Amendment 523 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) an estimate of the project’s potential for quality job creation andbroken down by gender, and a detailed estimate of the project’s needs in terms of skilled workforce as well as upskilling and reskilling.nd skill gap analysis, and a multiannual workplan to deploy upskilling and reskilling effort in order to address such gaps, if any, and promoting gender equality;
Amendment 524 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point g a (new)
Article 6 – paragraph 1 – point g a (new)
(ga) for projects involving extraction, a detailed description demonstrating the tangible link between the project and the public interest, such as via the provision of essential goods or the maintenance of vital societal functions or economic activities, as well as a plan to return the site to its prior environmental state after the end of exploitation, and the corresponding financial mechanisms.
Amendment 527 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The plan referred to in paragraph 1(d) shall be developed in full compliance with the principles of Free Prior and Informed Consent (FPIC) of indigenous communities laid out in the UN Declaration on the Rights of Indigenous Peoples and, shall respect their right to say no. In case resettlement is foreseen by the project, the plan shall also describe the modalities for the identification of legitimate tenure rights-holders, their involvement into the valuation process, and the process for the fair and timely compensation of the loss of their lands and assets.
Amendment 529 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission is empowered toshall adopt implementing acts establishing a template to be used by project promoters for the applications referred to in paragraph 1 by [6 months after the entry into force of this Regulation]. The template may indicate how the information referred to in paragraph 1 shall be expressed. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37(2).
Amendment 531 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The European Critical Raw Materials Board referred to in Article 34 ('the Board') shall, based on a fair and transparent process, discuss and issue an opinion on the completeness of the application and whether the proposed project fulfils the criteria set out in Article 5(1). In particular, the Board shall take into account possible past or present human rights violations for which the project promoter is partially or wholly responsible, as well as possible effective remedial measures and additional preventive measures implemented by the project promoter. The Commission shall inform the applicant about the deadline for assessing the completeness of the application and the timetable for the assessment of the application.
Amendment 536 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
Amendment 540 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 6 – subparagraph 2
Article 6 – paragraph 6 – subparagraph 2
The Commission's decision shall be reasoned, including, where applicable, where it is different from the Board's opinion. The Commission shall share its reasons with the Board and the European Parliament, as well as with the project promoter.
Amendment 543 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7a. Among all the applications, the Commission shall prioritise the processing of those related to projects involving recycling, as well as those submitted by a small and medium-sized enterprise. Among the applications for projects involving extraction, the Commission shall prioritise the processing of applications for projects related to extraction of raw materials from extractive waste. The Commission shall discard applications for projects that could not qualify for EIB financing, and applications for projects located in areas designated as special areas of conservation under Directive 92/43/EEC, areas for restoration measures referred to in [COM/2022/304 final Nature Restoration Law], special protection areas referred to in Directive 2009/147/EC, protected areas referred to in Directive 2000/60/EC, fish stock recovery areas referred to in Regulation (EU) 1380/2013, and protected areas referred to in Directive 2008/56/EC.
Amendment 554 #
2023/0079(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 563 #
2023/0079(COD)
Proposal for a regulation
Article 7 – paragraph 9
Article 7 – paragraph 9
9. The project promoter shall establish and regularly update a dedicated project website with relevant information about the Strategic Project, including information on the environmental, social and economic impacts and benefits associated with the Strategic Project. The website shall be freely accessible to the public and shall be available in a language or languages that can be easily understood by the local population. The project website shall include environmental, social and human rights impact assessments that have been carried out, as well as any existing agreements with affected communities and concession contracts with public authorities.
Amendment 578 #
2023/0079(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) a single authority is responsible for each critical raw material projects.;
Amendment 579 #
2023/0079(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) a single authority coordinates the submission requests of any relevant documents and information.
Amendment 594 #
2023/0079(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. All dispute resolution procedures, litigation, appeals and judicial remedies related to the permit-granting process and the issuance of permits for Strategic Projects in the Union in front of any national courts, tribunals, panels, including mediation or arbitration, where they exist in national law, shall be treated as urgent, if and to the extent to which national law provides for such urgency procedures and provided that the normally applicable rights of defence of individuals orand of local communities would be strictly respected. Project promoters of Strategic Projects shall participate in such urgency procedure, where applicable.
Amendment 596 #
2023/0079(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) 2436 months for Strategic Projects involving extraction except for Strategic Projects exclusively related to extractive waste, for which the permit granting process shall not exceed 24 months;
Amendment 600 #
2023/0079(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) 2133 months for Strategic Projects involving extraction, except for Strategic Projects exclusively related to extractive waste, for which the permit granting process shall not exceed 21 months;
Amendment 602 #
2023/0079(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. In exceptional cases, where the nature, complexity, location or size of the proposed project so require, the national competent authority referred to in Article 8(1) may extend the time limits referred to in paragraph 1, point (a), and 2, point (a), by a maximum of 36 months and the time limits referred to in paragraph 1, point (b), and 2, point (b), by a maximum of 13 months, before their expiry and on a case- by-case basis. In that event, the national competent authority referred to in Article 8(1) shall inform the project promoter of the reasons justifying the extension and of the date when the comprehensive decision is expected in writing.
Amendment 604 #
2023/0079(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 610 #
2023/0079(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. No later than one month following the date of the acknowledgement of the validity of the permit granting application, the national competent authority referred to in Article 8(1) shall draw up, in close cooperation with the project promoter and other authorities concerned, a detailed schedule for the permit granting process. The schedule shall be published by either the project promoter on the website referred to in Article 7(7) or by the national competent authority referred to in Article 8(1) on a free and open access website.
Amendment 620 #
2023/0079(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that national, regional and local authorities responsible for preparing plans, including zoning, spatial plans and land use plans, include in such plans, where appropriate, provisions for the development of critical raw materials projects. Priority shall be given to artificial and built surfaces, industrial sites, and brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestry.
Amendment 631 #
2023/0079(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. For Strategic Projects in the Union, support referred to in paragraph 1 shall be conditional on stringent environmental, social and labour commitments taken by the respective project promoters, including in the form of decarbonisation plans, labour reskilling plans, commitment to effective social dialogue and collectively negotiated wages, high quality apprenticeships and decent working conditions.
Amendment 673 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Each Member State shall draw up a national programme for general exploration targeted at critical raw materials. Each Member State shall draw up the first such programme by [OP please insert: 1 year after the date of entry into force of this Regulation]. The national programmes shall be reviewed and, if necessary, updated, at least every 54 years.
Amendment 674 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. The national exploration programmes referred to in paragraph 1 shall exclude areas designated as special areas of conservation under Directive 92/43/EEC, areas for restoration measures referred to in [COM/2022/304 final Nature Restoration Law], special protection areas referred to in Directive 2009/147/EC, protected areas referred to in Directive 2000/60/EC, fish stock recovery areas referred to in Regulation (EU) 1380/2013, and protected areas referred to in Directive 2008/56/EC.
Amendment 680 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
Member States shall make the information on their mineral occurrences containing critical raw materials gathered through the measures set out in the national programmes referred to in paragraph 1 publicly available on a free access website to be kept up to date. This information shall, where applicable, include the classification of the identified occurrences using the United Nations Framework Classification for Resources.
Amendment 711 #
2023/0079(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point d
Article 19 – paragraph 3 – subparagraph 2 – point d
(d) the availability of alternativeand ability to swiftly diversify supply sources and of, substitute or decrease the demand of raw materials;
Amendment 712 #
2023/0079(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point e
Article 19 – paragraph 3 – subparagraph 2 – point e
(e) the users of the relevant raw material along the value chain and their share of demand, with special attention to the manufacturing of technologies relevant for the greessential goods to the demand stemming from the mainten and digital transitions as well as defence and space applicationce of vital societal functions or economic activities.
Amendment 717 #
2023/0079(COD)
Proposal for a regulation
Article 19 – paragraph 4 – point d
Article 19 – paragraph 4 – point d
(d) where appropriate, suggestion for suitable mitigation strategies to decrease the detrimental impact of a potential supply rdiskruption.
Amendment 718 #
2023/0079(COD)
Proposal for a regulation
Article 19 – paragraph 4 – point d a (new)
Article 19 – paragraph 4 – point d a (new)
(da) the vital amount of each of the strategic raw materials.
Amendment 721 #
2023/0079(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Where, based on the information gathered pursuant to paragraphs 1, 2 and 3, the Commission considers that there a is clear indication of the risk of a supply disruption, the Commission shall alert Member States, the Board, the European Parliament and the Union governance bodies of crisis vigilance or crisis management mechanisms whose scope covers relevant critical or strategic raw materials.
Amendment 729 #
2023/0079(COD)
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall cover stocks held by all public authorities, publicly owned companies or economic operators charged by a Member State to build up or manage strategic stocks on its behalf and shall at least include a description of:
Amendment 730 #
2023/0079(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the level of stocks available for each strategic raw material, measured both in tonnes and as a percentage of annual national consumption of the relevant materials on its territory, as well as the chemical form and purity of the materials stocked;
Amendment 732 #
2023/0079(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. By [OP please complete: 2 year after the date of entry into force of this Regulation] and every 2 years after that, the Commission shall, based on the information received pursuant to Article 21(1), share with the Board and the European Parliament:
Amendment 733 #
2023/0079(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point a
Article 22 – paragraph 2 – point a
(a) be expressed as the amount needed to cover an amount of days of average daily net imports in case of a supply disruption for the production of essential goods and the provision of goods and services directly related to vital societal functions or economic activities, calculated on the basis of the amount of imports during the previous calendar year;
Amendment 736 #
2023/0079(COD)
Proposal for a regulation
Article 22 – paragraph 3 – point b
Article 22 – paragraph 3 – point b
(b) to amend or coordinate the rules or procedures for the release, allocation and distribution of strategic stocks in order to improve the potential cross-border accessibility, in particular where necessary for the production of strategic technologessential goods and the provision of goods and services directly related to vital societal functions or economic activities.
Amendment 755 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point -a (new)
Article 25 – paragraph 1 – point -a (new)
(-a) significantly reduce the annual consumption of critical raw materials compared to the projections referred to in Article 1(4a);
Amendment 768 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) increase the collection of waste with highand sorting of waste containing a relevant amount of critical raw materials recovery potential and ensure their introduction into the appropriate recycling system, with a view to maximising the availability and quality of recyclable material as an input to critical raw material recycling facilities;
Amendment 770 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) increase the waste prevention, repair, preparation for re-use and re-use of products and components with highcontaining a relevant amount of critical raw materials recovery potential;
Amendment 801 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
The programmmeasures referred to in points (a) to (c) of paragraph 1 shall cover in particular products and waste which are not subject to any specific requirement on collection, treatment, recycling or re-use under Union legislation. For other products and waste, the measures shall be implemented in coherence with existing Union legislation.
Amendment 803 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
With respect to points (a) and (b) of paragraph 1, the programmes referred to in that paragraph may include, without prejudice to Articles 107 and 108 of the TFEU, the introduction of financial incentives, such as discounts, monetary rewards or deposit-refund systems, to encourage the re-use of products with higha relevant amount of critical raw materials recovery potential and the collection of waste from such products, as well as economic instruments and other measures listed in Annex IVa of Directive 2008/98/EC on waste.
Amendment 820 #
2023/0079(COD)
Proposal for a regulation
Article 26 – paragraph 7
Article 26 – paragraph 7
7. The activities described in paragraph 6 shall be carried out within the limits of national legal systems pertaining to property rights, ownership of land, mineral resources and waste, and any other relevant provisions. Where such factors inhibit the activities, the Member State authorities shall seek the cooperation of the operator or owner of the waste facility. The results of the activities described under paragraph 6 shall be made accessible as part of the database referred to in paragraph 4. Where possible, the Member States shall include in theis database a classification of the closed extractive waste facilities according to the United Nations Framework Classification for Resources.
Amendment 834 #
2023/0079(COD)
Proposal for a regulation
Article 27 – paragraph 10
Article 27 – paragraph 10
10. Products primariexclusively designed for defence or space applications shall be exempted from the requirements of this Article
Amendment 837 #
2023/0079(COD)
Proposal for a regulation
Article 28 – paragraph 3 – subparagraph 1
Article 28 – paragraph 3 – subparagraph 1
Amendment 846 #
2023/0079(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Governments or groupings of interested organisations that have developed and oversee certification schemes related to the sustainability of critical raw materials ("scheme owners") may apply to have their schemes recognised by the Commission.
Amendment 858 #
2023/0079(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Owners of recognised schemeScheme owners shall inform the Commission without delay of any changes or updates made to recognised schemes. The Commission shall assess whether such changes or updates affect the basis for the recognition and take appropriate action.
Amendment 861 #
2023/0079(COD)
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. Where the Commission identifies deficiencies in a recognised scheme affecting the basis for the recognition, it may grant the scheme owner an appropriate period of time to take remedial action within a maximum of 12 months.
Amendment 862 #
2023/0079(COD)
Proposal for a regulation
Article 29 – paragraph 8
Article 29 – paragraph 8
8. The Commission shall establish and keep up-to-date a register of recognised schemes. That register shall be made publicly available on a free access website. This website shall also allow to collect feedback from all relevant stakeholders concerning the implementation of recognised schemes.
Amendment 863 #
2023/0079(COD)
Proposal for a regulation
Article 29 – paragraph 8 a (new)
Article 29 – paragraph 8 a (new)
8a. Scheme owners and companies adhering to a recognised scheme shall be exempted neither from any obligation under this Regulation, nor from any obligation arising pursuant to national, Union or international law.
Amendment 887 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii a (new)
Article 33 – paragraph 1 – point a – point iii a (new)
(iiia) contributing to the economic and social developments in partner countries, in particular for emerging and developing economies, while also promoting the uptake of environmentally sustainable and circular economy practices and decent working conditions;
Amendment 899 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – point ii
Article 33 – paragraph 1 – point c – point ii
(ii) whether a third country's regulatory framework and its implementation ensures the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices including respect of human and labour rights and meaningful engagement with local communitiand active participation of affected and local communities, in particular indigenous peoples, the use of transparent business practices and the prevention of adverse impacts on the proper functioning of public administration and the rule of law;
Amendment 934 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point a a (new)
Article 35 – paragraph 6 – subparagraph 2 – point a a (new)
(aa) a subgroup to discuss the implementation of the provisions pursuant to Articles 10 and 11, including to share best practices concerning public participation and stakeholders involvement, for which representatives of civil society organisations shall be invited as observers;
Amendment 936 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point c
Article 35 – paragraph 6 – subparagraph 2 – point c
(c) a subgroup bringing together national supply and information agencies covering critical raw materials or, in the absence of such agency, the relevant national authority in charge of that matter, with the purpose of contributing to the monitoring tasks as set out in Article 19, including concerning the level of vital amount of strategic raw materials;
Amendment 938 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point d
Article 35 – paragraph 6 – subparagraph 2 – point d
(d) a subgroup bringing together national emergency agency and national authorities responsible for strategic stocks or, in the absence of such agency and authority, the relevant national authority in charge of that matter, with the purpose of contributing to the coordination of strategic stocks as set out in Article 22; this subgroup may notably invite like-minded partners to exchange on best practices related to strategic stocks.
Amendment 941 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point d a (new)
Article 35 – paragraph 6 – subparagraph 2 – point d a (new)
(da) a subgroup to discuss and coordinate on the Strategic Partnerships pursuant to Article 33, ensuring cooperation with other relevant coordination fora, including those established as part of the Global Gateway strategy; representatives of civil society organisations shall be invited as observers;
Amendment 948 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 7 – subparagraph 2
Article 35 – paragraph 7 – subparagraph 2
Where appropriate, the Board mayshall invite experts, other third parties or representatives of third countrierepresentatives from industry, civil society, academia, trade unions and other representatives with expertise and reasonable interest before taking decisions to attend meetings of the standing or temporary sub- groups referred to in paragraph 6 as observers or to provide written contributions.
Amendment 959 #
2023/0079(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The power to adopt delegated acts referred to in Article 3(21(4a), Article 4(2), Article 5(2), Article 27(12), Article 28(2) and Article 30(1) and (5) shall be conferred on the Commission for a period of eight years from [OP please insert: one month after the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the six-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 962 #
2023/0079(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The delegation of power referred to in Article 3(21(4a), Article 4(2), Article 5(2), Article 27(12), Article 28(2) and Article 30(1) and (5) 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.
Amendment 966 #
2023/0079(COD)
6. A delegated act adopted pursuant to Article 3(21(4a), Article 4(2), Article 5(2), Article 27(12), Article 28(2) and Article 30(1) and (5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 971 #
2023/0079(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. IWithout prejudice to the rules and obligations on access to environmental information established by Directive 2003/4/EC and by the UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, information acquired in the course of implementing this Regulation shall be used only for the purposes of this Regulation and shall be protected by the relevant Union and national legislation.
Amendment 1064 #
2023/0079(COD)
Proposal for a regulation
Annex I – Section 2 – point 1 – introductory part
Annex I – Section 2 – point 1 – introductory part
1. The strategic importance shall be determined based on the relevance of a raw material for the green and digital transition as well as defence and, space and health applications, taking into account:
Amendment 1107 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 1 – point b
Annex III – point 1 – point b
(b) whether the project contributes to maintaining or strengthening Union capacities as a share of the Union's annual consumption of strategic raw material, taking into account the expected increase in Union consumption;
Amendment 1111 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – introductory part
Annex III – point 4 – introductory part
4. Whether a project fulfils the criterion referred to in Article 5(1), point (c), shall be assessed taking into account a project’s compliance with the following Union legislation or international instruments and on the basis of the risk categories presented in point 4a:
Amendment 1115 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i a (new)
Annex III – point 4 – point i a (new)
(ia) the principles of Free, Prior and Informed Consent (FPIC) as established in the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the UN General Assembly in 2007;
Amendment 1118 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i b (new)
Annex III – point 4 – point i b (new)
(ib) the International Bill of Human Rights, including the international covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;
Amendment 1121 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i c (new)
Annex III – point 4 – point i c (new)
(ic) ILO Declaration on Fundamental Principles and Rights at Work;
Amendment 1122 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i d (new)
Annex III – point 4 – point i d (new)
(id) Eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at work;
Amendment 1123 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i e (new)
Annex III – point 4 – point i e (new)
(ie) Ten Principles of the United Nations Global Compact;
Amendment 1124 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i f (new)
Annex III – point 4 – point i f (new)
(if) UNEP Guidelines for Social Life Cycle Assessment of Products;
Amendment 1125 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i g (new)
Annex III – point 4 – point i g (new)
(ig) Convention on Biological Diversity, in particular Decision COP VIII/28- Voluntary guidelines on Biodiversity-Inclusive impact assessment;
Amendment 1126 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i h (new)
Annex III – point 4 – point i h (new)
(ih) UN Paris Agreement;
Amendment 1127 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i i (new)
Annex III – point 4 – point i i (new)
(ii) ILO Convention 169 related to Indigenous and Tribal Peoples;
Amendment 1130 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – paragraph 1 – introductory part
Annex III – point 4 – paragraph 1 – introductory part
Project promoters may also attessupplement compliance with the criterion referred to in Article 5(1), point (c) by:
Amendment 1131 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – paragraph 1 – point a
Annex III – point 4 – paragraph 1 – point a
(a) providing evidence that the project concerned is individually certified at the level of the site as part of a recognised scheme referred to in Article 29; or.
Amendment 1133 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – paragraph 1 – point b
Annex III – point 4 – paragraph 1 – point b
Amendment 1136 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 a (new)
Annex III – point 4 a (new)
Amendment 1138 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 5 – point a
Annex III – point 5 – point a
(a) whether companies from differentat least three Member States participate in the project;
Amendment 1139 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 5 – point c
Annex III – point 5 – point c
(c) effects on the availability of strategic raw materials for downstream users or strategic stocks in more than onetwo Member States.
Amendment 1140 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 5 – point c a (new)
Annex III – point 5 – point c a (new)
(ca) in particular for a project located in an emerging market or developing economy, whether the project contributes to the social and economic development of the respective country and whether it fairly benefits to local and affected communities.
Amendment 1143 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point a a (new)
Annex IV – paragraph 1 – point a a (new)
(aa) the scheme is based on a multi- stakeholder governance;
Amendment 1145 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i
Annex IV – paragraph 1 – point b – point i
(i) requirements ensuring environmentally sustainable practices according to the global state-of-the art, including requirements ensuring environmental management and impact mitigation, and the restoration phase;
Amendment 1157 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point b – point ii
Annex IV – paragraph 1 – point b – point ii
(ii) requirements for ensuring socially responsible practices, including respect for human rights and, labour rights and the rights of indigenous peoples;
Amendment 1163 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point b – point iii
Annex IV – paragraph 1 – point b – point iii
(iii) requirements for ensuring business integrity and transparency including requirements to apply sound management of financial, environmental and social matters, and anti-corruption and bribery policies in line with the OECD Guidelines listed in Annex III point 4;
Amendment 1164 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point b – point iii a (new)
Annex IV – paragraph 1 – point b – point iii a (new)
(iiia) requirements for ensuring good governance principles, including meaningful engagement with and active participation of affected and local communities all along the stages of the project, tangible guarantees against social and environmental risks ensuring the liability of economic operators during and after the end of the operational phase of the project, and a fair compensation mechanism for the affected and local communities;
Amendment 1167 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point c
Annex IV – paragraph 1 – point c
(c) verification and monitoring of compliance is objective, based on international, Union or national standards, requirements and procedures and carried out independently from the relevant economic operator by a third party;
Amendment 1169 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point d a (new)
Annex IV – paragraph 1 – point d a (new)
(da) it includes on-site audits with face- to-face consultations with relevant stakeholders including local communities, civil society, workers and trade unions, as well as audit reports that are made publicly available, and a grievance mechanism in accordance with the UN Guiding Principles;
Amendment 6 #
2022/2008(INI)
Motion for a resolution
Citation 28 a (new)
Citation 28 a (new)
— having regard to the Commission's recommendation and guidelines on energy efficiency first: from principle to practice (28th September 2021),
Amendment 7 #
2022/2008(INI)
Motion for a resolution
Citation 30 a (new)
Citation 30 a (new)
— having regard to the UN IPCC report on Climate Change 2022: Mitigation of Climate Change, 4th April 2022,
Amendment 8 #
2022/2008(INI)
Motion for a resolution
Recital A
Recital A
A. whereas it is crucial to enable industry to implement the energy andthe unprecedented military aggression against Ukraine by the Russian Federation has demonstrated again the urgent need to end the EU’s dependence on fossil fuels not only from a climate but also from a geo-political strategic perspective; whereas in this context the EU’s cooperation with like- minded international partners becomes more important in the fight against climate change and therewith linked phase out of fossil fuels in particular also in the industrial context; whereas accelerating the energy transition is a matter of energy security, economic security, and climate and environmental security; whereas it is crucial that industries are enabled to realise the ecological and sustainable digital transitions while preservincreasing jobs, competitiveness and its abilcapacity to develop and produce clehighly sustainable and socially fair products, services and production processes;
Amendment 18 #
2022/2008(INI)
Motion for a resolution
Recital B
Recital B
B. whereas in a changing geopolitical world, reducing EU dependencies on and the persistent risks of climate change makes it imperative to reduce EU dependencies on fossil fuels, nuclear, critical raw materials, products and technologies is vital, technologies, manufacturing capabilities and skills while fostering sustainable trade, strengthening of resilient and diversified global supply chains as well as maintaining high environmental and social standards; whereas regaining a high level of independence requires a collective European effort based on joint commitments and solidarity and the putting in place of enabling conditions for strategic sectors that are key for the ecological and digital transition, such as the renewable or semiconductor industry;
Amendment 25 #
2022/2008(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the share of Russian gas in the EU’s gas consumption is still nearly 40% and Russia remains the main supplier of EU imports of crude oils and coal; whereas various Member States have ongoing collaboration with Russia in the nuclear field; whereas the EU needs to refocus its industrial and energy policies with the aim of diversifying as fast as possible its energy sources, increasing energy savings and energy efficiency measures as well as deploying massive volumes of renewables and adopt a much stronger circular economy approach across industries based on resilient and sustainable supply chains;
Amendment 28 #
2022/2008(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the availability of materials and components and of manufacturing capacity in Europe is essential to avoid replacing the EU’s dependency on one country's energy imports with an accrued dependency from another for the supply of rare-earth minerals, other critical metals, equipment, or manufacturing capabilities;
Amendment 30 #
2022/2008(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Amendment 31 #
2022/2008(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU is home to world leading research institutes, companies and skilled people and has the potential to be a world leader in industrial innovation in alignment with the EU’s goal of climate neutrality by 2040 at the latest;
Amendment 36 #
2022/2008(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas renewable and energy efficiency solutions are mature and have become mass markets, whereas renewable energy costs have plummeted, whereas the industrial sector is characterized by long lead-times and it is important to ensure that the growth of renewable energy use is already initiated ahead of 2030 avoiding stranded assets and future lock-ins;
Amendment 43 #
2022/2008(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Amendment 58 #
2022/2008(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomNotes the update of the iIndustrial sStrategy; stresses that for the Green Deal to be a true growth strategy, reduceto be a true transformational strategy the European Green Deal and digital transition need to be at its core thereby reducing the EU’s dependencies and maintaensuring a level playing field for European industry during the transition, it needs to bewhile going through the transition, and creating the base for becoming ac companied by ambitious industrial policetitive front- runner in establishing a net-zero GHG emission and sustainable economy;
Amendment 70 #
2022/2008(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that Russia’s military aggression against Ukraine has led to increased costs in Europe, including those related to energy and fuel usage, having an immediate and negative effect across industry, the internal market and society as a whole; recognises that there are numerous measures that can help reduce these impacts on end users whilst also benefiting the environment and human health through reduced greenhouse gas emissions and air pollution;
Amendment 75 #
2022/2008(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls in particular to significantly reduce the EU’s energy dependence, especially on Russian gas, oil, coal and nuclear, by, inter alia, massively investing in energy saving and efficiency measures and increased renewable capacities while enhancing demand-side flexibility and the direct electrification of industrial processes in line with the EU sectoral integration strategy; stresses that in response to the crisis, it is of paramount importance to avoid infrastructure or contractual fossil fuel, and in particular gas, lock-ins; points to the fact that conversely the acceleration of the implementation of the Green Deal will strengthen the Union and reduce its dependency from third countries;
Amendment 79 #
2022/2008(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. In view of the current energy price spikes, supports targeted relief measures for vulnerable customers in the industrial context in particular vulnerable SMEs and micro-enterprises, to alleviate the worst economic and social impacts of high-energy prices;
Amendment 80 #
2022/2008(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Calls on Member States to give priority to investments in renewables, energy efficiency and storage technologies at least as much and as swift as they are now supporting fossil fuel related costs; urges the Commission to launch a new RRF-type investment initiative to mitigate the on-going energy crisis and its adverse effects on European industry and society as a whole and to accelerate the sustainable transition of European industry and the energy system as to rapidly reduce the need for imported fossil fuels and make Europe less vulnerable as soon as possible;
Amendment 81 #
2022/2008(INI)
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Points to lessons learnt from the Covid crisis and asks for the creation of an industrial reconversion plan to boost the EU’s value chains, especially for energy efficiency, renewable and storage technologies in order to guarantee an increased supply and ensure the delivery of the increased climate and energy ambition stipulated in the REPowerEU Communication (COM/2022/108) and in turn the success of the twin transition and energy security; to this end requests the Commission to engage with industry and develop a dedicated industrial strategy, as done for the Covid vaccines, to enable EU market leaders and to satisfy increased domestic demand; stresses that this would also speed up the EU’s autonomy in such strategic value chains; asks the Commission to promote joint procurement of critical materials both by public and private actors;
Amendment 83 #
2022/2008(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the EU cannot be dependshould pay special attent ion non-EU countries forto products and technologies that are essential to our economy and for our society of the future; stresses that the EU needs to regain a strong position in crucial global value chains and secure the supply of for the ecological and digital transition of our economy and society; observes that labour shortages and supply chain constraints already visible during COVID have been in part exacerbated by the invasion of Ukraine by Russia and related sanctions isolating Russia from global markets; stresses that the EU needs to adopt a more strategic approach towards circular economy and diversification of third country suppliers to ensure a sufficient and sustainable supply of inter alia (critical) raw materials, in particular in times of crisis;
Amendment 99 #
2022/2008(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to present clear, based on input of the European Climate Change Council, as soon as possible clear science-based transition pathways for theper industrial ecosystem as soon as possible, including by identifying the needs for a successful transition in terms of infrastructure, technologies and skills; calls on the Commission to ensure consistency and coordination across all initiatives,in consistency with the EU 2030 and 2050 energy and climate targets, in order identify from a ‘backcasting’ perspective concrete actions and interim targets, including in the area of R&I, infrastructure, technologies and skills to ultimately reach the goal of climate neutrality and amore circular economy as well as to ensure consistency and synergies across all EU policies and objectives, funding and regulatory instruments that will support industryies through their twin transitions; calls for annual monitoring and reporting on the competitiveness and resilience of our industrial ecosystems and on the progress made on the transition pathways, so that instruments can be adapted swiftly when neededprogress of individual sectors’ transition pathways, and their consistency with the EU’s 2030 and 2050 targets, the competitiveness and resilience of our industrial ecosystems, so instruments can be adapted swiftly when needed; stresses that civil society, the academic community, consumer organisations and trade unions should be part of the development, drafting and monitoring the transition pathways; asks the European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009) to provide advise to the Commission on the application of related EU policies, including priority infrastructure, projects and targets, and to suggest corrective measures in an scientific, evidence-based and transparent manner should emissions from an industrial sector deviate from the established specific pathway;
Amendment 111 #
2022/2008(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to ensure a balanced representation of relevant experts and stakeholders, including civil society organisations, consumer organisations and trade unions, in the various industry related fora and to ensure a continuous, science-based monitoring of progress of individual industrial sectors towards the EU’s Green Deal objectives, in particular the 2050 net-zero GHG emissions objective as well as the reduction of EU industries’ dependency on fossil fuels and energy imports;
Amendment 129 #
2022/2008(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points to the need for Horizon Europe’s work programmes 2023/24 to take account of the new circumstances resulting from the Russian invasion in Ukraine, in particular clusters 4 and 5 on 5 on ‘industry, digital and space’ and on ‘climate, energy and mobility’ respectively in light of the urgent need for the EU to come up with even more innovative solutions by setting relevant incentives for the research community including industrial actors as early as through the Horizon work programmes 2023/24; calls for underpinning industry oriented R&D investments more than ever with the objectives of resource and energy efficiency, deployment of renewable energy sources, support for the circular economy and sustainability thereby ensuring the replacement of fossil fuels and the reduction of EU industries’ reliance on energy imports reflecting the political direction given by REPowerEU communication and the Versailles Declaration and applying this approach also through all Horizon public-private partnerships of the Union;
Amendment 133 #
2022/2008(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses for the medium and longer-term that environmentally sustainable technologies that are already proven at demonstration scale should be replicated as to enable them to compete on the market with existing technologies as early as possible; highlights in this context in particular fully renewables based hydrogen, its production and related infrastructure, zero-emission cement, steel and chemicals, new forms of renewable power, such as floating offshore wind and ocean energy, long- duration energy storage, circular economy technologies, demand-response and deep improvements to the electricity grid to handle intermittency, calls for concrete instruments for enabling the EU and Member States to pool R&D efforts in those priority areas and to enable the uptake of the results in the local economy and across value-networks;
Amendment 150 #
2022/2008(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need to strengthen ‘Made in EU’ and accelerate the adoption of Industry 4.0 technologies, particularly by small and medium-sized enterprises (SMEs); calls on the Commission to embed the ‘Made in Europe’ partnership strongly in the Horizon Europe programme; in view of facilitating the uptake of R&I results in the local economy and across value- networks; emphasises yet that, ‘Made in Europe’ should not only stand for quality and innovation, but also for highly sustainable and socially fair industrial products, processes and services;
Amendment 156 #
2022/2008(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines the need to stimulate the development of lead markets and introduce scalable demand-pull instruments for sustainable industrial materials and products, in particular with high Capex requirements; calls on the Commission to establish more ambitious and effective norms, quotas and standards in terms of GHG emission reduction, embedded emissions, recycling, resource and energy-savings, zero pollution and circular economy requirements in support of the Sustainable Product Policy Framework; points to the revision of procurement standards for basic materials, such as in the building and construction sector, as well as the introduction of sustainable products and material purchasing mandates for large private sector consumers, quotas for climate neutral products and materials including zero-carbon steel and low- carbon cement, as well as mandatory labelling on durability and reparability of products and improved consumer information;
Amendment 158 #
2022/2008(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Considers that the circular economy combined with the zero pollution agenda must be at the centre of the Union's economy and industrial policy, prioritising waste prevention and the reduction of its energy and resource consumption, closed loop recycling along whole industrial sectors and value chains and fully embedded in business models and production processes, in particular as regards CO2 intensive materials and value chains like buildings, vehicles or packaging; further stresses the importance of sustainability and reparability by design ensuring the recycling and reuse of important (critical) raw materials as well as an enhanced use and longevity of products; highlights that this would make Europe less dependent on primary materials while incentivising innovation the creation of new markets, leadership in new digital, advanced industrial technologies and logistics as well as a huge potential for new safe and sustainable jobs at local level and in particular for SMEs and start-ups; highlights the strong synergies between climate action and the circular economy, in particular in energy- and resource- intensive industries;
Amendment 159 #
2022/2008(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s announcement issuing guidance on public procurement; stresses that public procurement is an essential instrument for national and economic security and for supporting the uptake of and demand for csustainable an productd circular products, services and innovations; calls, in this regard, on the Commission to review public procurement and competition rules where needed; in particular calls on the Commission to make environmental, social and ethics criteria mandatory under public procurement legislative framework, in full alignment with the European Green Deal, and ensure that SMEs have a fair chance to participate in the substantial market for public procurement;
Amendment 184 #
2022/2008(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 199 #
2022/2008(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that SMEs and start-ups are playing a central role in the digitalisation of the EU and arethe launch of innovative sustainable business models and products; emphasises their importance as a critical source of innovation; stresses the need to improve their access to financing, including national and EU funding;
Amendment 210 #
2022/2008(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the need for regulatory stability and predictability; calls on the Commission to include roadmaps in the transition pathways to reduce administrative burdens for European businesses, especially SMEs, by at least 30 %; stresses the ‘one in, one out’ principleensuring future-oriented EU regulatory framework in the industrial context taking into consideration economic, environmental, gender and social impacts in an integrated and balanced way as well as the costs of non-harmonisation at EU level; urges to identify legislation that runs counter the European Green Deal and wider sustainable development goal objectives; highlights the need to decrease administrative burden, especially for SMEs and start-ups, however without detriment to the setting and enforcement of the highest standards for consumer, workers, health and environmental protection;
Amendment 229 #
2022/2008(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines the regional dimension of industrial policy and the role of regional smart specialisation strategies; calls on the Commission to include instruments to increase the use of ‘Made in EU’ at a regional levelneed to address the social and economic inequalities beyond reskilling and jobs in new economic sectors; stresses that to guarantee a more inclusive transition, it is required to include the participation of all local stakeholders, including civil society and community representatives in the preparation and implementation of regional transition plans;
Amendment 237 #
2022/2008(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to stimuland Member States to accelerate the production ofcapacities for affordable, safe and abundant renewable and low-carbonsustainable renewable energy; calls on the Commission to increase the coordination of the planning and financing for needed electricity, energy, hydrogen, CO2 andof the needed related infrastructure, in particular as regards renewable electricity, energy, renewable hydrogen, and renewable heating/cooling infrastructure;
Amendment 246 #
2022/2008(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recalls the great job creation potential and cost reduction benefits that energy efficiency improvements are expected to yield; stresses that measures, including targets, standards and benchmarking mechanisms, that improve energy efficiency must therefore underpin initiatives in all industrial sectors; emphasises that increased energy savings also mean increased energy security; asks Member States to expand national energy audit schemes, to make their results binding and develop programmes supporting cost reducing energy efficiency measures in particular for small and medium-sized enterprises, such as energy audit centres for SMEs/ start- ups and micro-companies, to cover costs of an energy audit; demands that enterprises failing to implement recommendations within 36 months after the completion of the energy audit should pay the financial equivalent of the respective energy savings to the national efficiency fund;
Amendment 253 #
2022/2008(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on Member States and the Commission to set measures aiming at the smart and renewable electrification of the industry sector, fostering its flexible operation in particular via energy management and demand-response;
Amendment 255 #
2022/2008(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Stresses the need to make better use of unavoidable waste heat and cold as well as industrial clusters and symbioses offering significant synergies and energy savings potentials in many sectors, including textile, chemicals, food processing and machinery, yet without perpetuating inefficient outdated industrial processes;
Amendment 256 #
2022/2008(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
Amendment 257 #
2022/2008(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
Amendment 258 #
2022/2008(INI)
Motion for a resolution
Paragraph 12 f (new)
Paragraph 12 f (new)
12f. Emphasises that to ensure that RFNBOs are only used where they are crucially needed, priority should be given to non- energy uses, such where hydrogen is used as a feedstock, reiterates that for many industrial applications, in particular heat, more energy efficient options, such as direct electrification using renewable power from the grid or other heat recovery alternatives exist that would be 1-5 times more energy efficient than using renewable hydrogen; emphasises that prioritising the scarce renewable hydrogen to non-energy uses in industry in this more efficient way would also mean that more renewable hydrogen and renewable power is ultimately available sooner to decarbonize more industrial processes and energy uses;
Amendment 259 #
2022/2008(INI)
Motion for a resolution
Paragraph 12 g (new)
Paragraph 12 g (new)
12g. Regrets that the market for renewable power purchase agreements is still limited to a small number of Member States and large companies, due to persistent administrative, technical and financial barriers both at national and cross-border level; asks Member States to assess and swiftly remove these barriers, including for renewable heating and cooling purchase agreements, which will play an increasing role in reaching the EU's climate and renewables targets; furthermore, stresses the added value of creating renewable based industrial parks and clusters, in order to better exploit their synergies;
Amendment 260 #
2022/2008(INI)
Motion for a resolution
Paragraph 12 h (new)
Paragraph 12 h (new)
12h. Reiterates the key strategic role of the renewable industries not only in reducing EU dependence on imported fossil fuels and the lowering of energy prices, but also in reaching the EGD targets and as creator of new, local and green jobs both in the downstream sector (project development, installation, etc.) and the manufacturing of equipment, in particular wind, solar and heat pumps; welcomes the Commission’s communication on REPower EU; is yet of the opinion that the REPower EU plan announced for May2022 should be further increased in its ambition and accompanied with concrete policies and measures to accelerate the roll-out of renewables and energy efficiency measures; demands accordingly the roll out of at least 100 million solar rooftops by 2030 with the aim of helping unlock solar energy's potential as a major renewable energy source on roofs or facades of buildings and at least 50 million new heat pumps, including 30 million hydronic heat pumps, by 2030, which in turn would create a solid pipeline of domestic demand; stresses that the current and future support programmes need to provide grants, tax incentives for SMEs and start-ups, commercial and industrial buildings and renewable energy communities to invest into solar energy sourcing and storage, remove national barriers for solar rooftops, heat pump and storage technologies;
Amendment 261 #
2022/2008(INI)
Motion for a resolution
Paragraph 12 i (new)
Paragraph 12 i (new)
12i. In order to respond to increasing domestic, but also global demand for renewable and energy efficiency technologies, asks the Commission to come forward with an analysis of the EU’ industrial manufacturing and investment needs as well as the research and innovation capacities to be reinforced within the Union, including by taking into account the technological development of recycling processes, sustainable and safe refrigerants, the introduction of very high recycling quotas for specific critical raw materials and the promotion of resource efficiency;
Amendment 265 #
2022/2008(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States to bring down the time needed to issue permits substantially and create fast-track permitting procedures for infrastructure that supports industry in the energy transition and the reduction of air, land and water pollution, while maintaining and enforcing strong environmental safeguards and public participation;
Amendment 267 #
2022/2008(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Points to the fact that a number of companies are developing their own labels to put ‘green products’ produced from renewables on the internal market, stresses that such labels should not mislead consumers, asks therefore the Commission to ensure in its expected proposal a robust EU-wide methodology that companies or labelling scheme would be required to use if they want to report on the share of renewable energy used in the manufacturing of a product; demands that such label should be in full consistency with Sustainable Product Framework and enhance consumer transparency;
Amendment 269 #
2022/2008(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Highlights to the great potential of Carbon Contracts for Difference (CCfDs) as a vital instrument to trigger emission reductions and reduced dependency on fossil fuels in industry, offering the opportunity to guarantee investors in innovative zero-emission technologies and their diffusion a price that rewards CO2 emission reductions by bridging the price difference between the price of the zero- emission technology and the ETS price; notes the European Commission proposal to use CCfDs as an award mechanism for the Innovation Fund; stresses that CCfDs should only be granted to projects implementing technologies that are fully compatible with the objective of limiting global warming to 1.5C above pre- industrial levels, that exclude the direct or indirect use of fossil fuels and nuclear energy and that respect the ´do not significant harm´ principle set out in Article 17 of Regulation (EU) 2020/852;
Amendment 273 #
2022/2008(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States and the Commission to accelerate the implementation of instruments, including important projects of common European interest, and industrial alliances that develop innovative breakthrough technologies needed for the energycological transition, such as cleazero-emission steel, clean aviation, e-fuels, clean fertilisers, e- cracking and small modular reactorse-cracking, next generation renewables and pre-fabricated sustainable building materials; stresses further the importance of the de-risking of funding, such as through InvestEU or the Innovation Fund, which are essential for enhancing the EU’s manufacturing capabilities in key strategic sectors, such as the solar industry, enabling it re-build a solid European manufacturing base;
Amendment 284 #
2022/2008(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Considers that European and national CCfDs can co-exist, underlines that both are needed to fund innovations, in particular in hard-to-abate sectors, bringing zero-emission technologies to an industrial scale and supporting their diffusion within sectors; believes that a common European approach should allow for sector specific tender designs, focus on the competitiveness of CCfDs and support lower-income member states to have access to sufficient funding; emphasises that the financial support through CCfDs should be proportionate and not lead to undue distortions of the EU´s internal market nor to unfair discrimination with regard competing imported products, as required under WTO law; insists that as such, CCfDs should present an alternative to free allowances and not an additional subsidy; reminds that in case the ETS price is higher than the strike price at which the project has been awarded a CCfD, the beneficiary should pay back the difference;
Amendment 290 #
2022/2008(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Points to the need to address the impact of EU ETS price volatility in the context of CCfDs with the budget needed to finance long-term CCfDs being higher, if the EU ETS market price is lower than expected; asks the Commission to assess this issue in particular if European CCfDs are awarded via the Innovation Fund as well as potential complementary (new) funding sources or redistribution mechanisms for expected revenue streams; stresses that projects awarded at European level should receive a contribution from the Member State where the project is located at least equal to the amount provided from the Innovation Fund, in order to ensure ownership of the projects;
Amendment 301 #
2022/2008(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the Commission analysis on strategic dependencies and capacities; calls on the Commission to finalise the analyses and technology roadmaps as soon as possible and propose actions to reduce dependence on the identified critical products and supplies; highlights the necessity of a strategy based on further in- depth analysis of mutual dependencies to strengthen the EU’s capacity in critical value chains and manufacturing;
Amendment 304 #
2022/2008(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Asks the Commission to launch a genuinely green critical raw materials (CRM) strategy to be able to produce inter alia the necessary technologies we need for a fast roll out of renewable technologies and energy efficiency measures; stresses that such strategy should lead to a functioning recycling market (not competing against primary raw materials), the funding for technological development of recycling processes, the introduction of very high recycling quotas for specific CRM and the promotion of resource efficiency and increased research & innovation on possible sustainable substitution of CRMs; calls upon the Commission to establish strategic partnerships in raw materials, in particular with strategic allies, such as the US, that can expand the green approaches on alternatives to mining supporting the creation of a resilient secondary market for (critical) raw materials;
Amendment 309 #
2022/2008(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Highlights that the Deep Sea is home to a vast and largely unexplored biodiversity and provides critical environmental services, including long- term carbon sequestration; points out that deep-seabed mining is highly likely to cause inevitable and permanent biodiversity loss; reiterates its position on the ‘on the EU Biodiversity Strategy for 2030: Bringing nature back into our lives’ (P9_TA(2021)0277) and stresses that the precautionary principle must apply to the emerging deep seabed mining sector; further recalls its resolution of 16 January 2018 on international ocean governance and calls on the Commission and the Member States to promote a moratorium, including at the International Seabed Authority, on deep- seabed mining until such time as the effects of deep-sea mining on the marine environment, biodiversity and human activities at sea have been studied and researched sufficiently and deep seabed mining can be managed to ensure no marine biodiversity loss nor degradation of marine ecosystems; emphasises the need for the Commission to cease funding for the development of seabed mining technology in line with a circular economy based on minimising, reusing and recycling minerals and metals;
Amendment 312 #
2022/2008(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to broaden the scope of the Observatory of Critical Technologies to include continuously monitoring, evaluating and reporting on resilience indicators for EU industries, such as mutual dependencies in key technologies, manufacturing capacities, strategic dependencies and foreign subsidies in strategic sectors;
Amendment 317 #
2022/2008(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is strongly concerned about unfair competition, investments and takeovers by non-EU state-financed companies on the single market, especially in strategic sectors; calls on the Commission to analyse and prevent this interference and to guarantee a level playing field, especially for SMEs;
Amendment 324 #
2022/2008(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission, in view of the next review, to broaden the framework for foreign direct investment to address the effect of foreign subsidies on economic security in the EU and of technology transfers by EU companies in non-EU countries in strategic sectors by also considering the inclusion of outbound investment;
Amendment 341 #
2022/2008(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Highlights the need to ensure resilience of communication networks and security of dataspaces, thus encouraging the fast deployment of fibre networks that could ensure multiple pathways and resilience to physical and cyber-attacks; underlines the need to take into account the new geopolitical realities and ensure security and privacy by design;
Amendment 344 #
2022/2008(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Calls on the EC to ensure that the digital transition will make use of state-of- the-art methods and best practice to reduce greenhouse gas emissions, computational complexities, increase energy efficiency and the efficiency of data of the systems in productive use. New deployments shall be done with capabilities that enable the measurement of the energy consumed and/or other environmental impacts;
Amendment 345 #
2022/2008(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Calls on the EC to include in the digital transition mandatory environmental sustainability assessments, including on energy use, over the entire lifecycle of products and systems;
Amendment 346 #
2022/2008(INI)
Motion for a resolution
Paragraph 21 d (new)
Paragraph 21 d (new)
21d. Stresses the need to modernise and Europeanise the highly fragmented defence industrial landscape in the EU which, due to fragmentation, duplication and inefficiencies, wastes scarce resources and is not as effective as needed in the face of the most serious military security threats to Europe due to the Russian war of aggression against Ukraine and its repercussions on European security order;
Amendment 347 #
2022/2008(INI)
Motion for a resolution
Paragraph 21 e (new)
Paragraph 21 e (new)
21e. Believes that it is of utmost importance to operationalise a reliable, modest and efficient European defence equipment market including a high degree of technological sovereignty; underlines the need to urgently focus efforts on setting the legal and technical parameters before discussing to increase further subsidies via the EU budget and funds like EDF; stresses the need for the Commission to set technical standards and norms for interoperability of military technology to guarantee that European armed forces are able to jointly execute the most demanding military operations: equally stresses the need for the Commission to finally present a proposal for a regime for the security of supply in the defence area which was demanded by the European Council already in 2013; believes that without such, and additional legal and technical parameters, there is no guarantee that EU budget investments and subsidies will generate more security for Europe;
Amendment 348 #
2022/2008(INI)
Motion for a resolution
Paragraph 21 f (new)
Paragraph 21 f (new)
21f. Calls for an in-depth revision of the EDF, in order to make it more transparent and therefore efficient and effective; stresses the need to introduce the delegated acts procedure for the annual and multi-annual work programmes which would guarantee meaningful parliamentary scrutiny and a modern defence industrial policy; reminds the strong role of the US Congress as regards the defence budget and spending;
Amendment 349 #
2022/2008(INI)
Motion for a resolution
Paragraph 21 g (new)
Paragraph 21 g (new)
21g. Calls for developing a holistic approach to defence capability development programmes and their industrial dimension; stresses the need to develop an integrated and comprehensive approach which addresses all stages from joint R&D, to joint procurement, joint maintenance, and training; proposes to use the financial architecture of the newly established European Peace Facility to create the legal and financial framework for a solid and reliable off-budget fund which would guarantee a collaborative European approach from investments until use, and make sure that there are guaranteed synergies between national defence budgets and a joint effort which is sustainable for the long term;
Amendment 350 #
2022/2008(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Reminds the important role of EU standardisation for a well-functioning single market, global competitiveness and the green and digital transitions and advocates a strong focus on playing a leading role in international standards organisations; calls for the EU to regain its leading role in setting, implementing and enforcing high environmental standards and warns that falling behind third countries would impact not only the sustainability but also competitiveness of EU industry; stresses therefore that standards should be amongst other objectives to be designed in a way that help improve material reuse and recycling and foster secondary resource uptake;
Amendment 1 #
2022/0119(BUD)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of Draft amending budget No 2/2022 as submitted by the Commission, which is devoted solely to the budgeting of the 2021 surplus, for an amount of EUR 3 227,1 million, in accordance with Article 18(3) of the Financial Regulation; notes that the 2021 surplus of EUR 3 227,1 million is particularly high; reiterates, in this context, that the Commission shall adhere to the principles of sound financial management in its implementation of the budget in accordance with Article 317 TFEU and Article 33 of the Financial Regulation;
Amendment 28 #
2022/0039(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Satellite communication can increase the overall resilience of communication networks. A space-based communication system is the only viable option in situations where ground-based systems are non-existent, disrupted or unreliable. For example, it can provide means for digital communication in areas where terrestrial networks are absent, including over oceans and during flights, as well as over remote areas, or where local networks have been destroyed due to natural disasters, or they cannot be trusted in crisis situations. Also, given the increasing frequency and severity of natural disasters linked to Climate Change, there is a demand for ensuring data gathering capacities for response in adverse conditions, in full respect of Regulation (EU) 2016/679.
Amendment 40 #
2022/0039(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) A public-private partnership is the most appropriate scheme to ensure that the objectives of the Programme could be pursued. It would permit to build upon the existing EU satellite communication technological and infrastructural base and to provide robust and innovative governmental services, while allowing the private partner to complement the Programme infrastructure with additional capabilities to offer commercial services through additional own investments. Such a scheme would furthermore optimise deployment and operation costs by sharing development and deployment costs on components common to both governmental and commercial infrastructures, as well as operational costs by allowing a high level of capacity mutualisation. It would stimulate innovation in particular for New Space by enabling the sharing of Research and Development risks between public and private partners. The public-private partnerships should also ensure that changing climate conditions, disaster risk and potential climate change mitigation and adaptation measures are identified and considered during the entire project cycle from development, design to implementation of each individual project. The projects should adhere to the 'Do No Significant Harm' principle and to the 'Polluter Pays' principle.
Amendment 45 #
2022/0039(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) In principle, tThe governmental services should, as a general rule, be provided free of charge to users of the governmental services. However, capacity for those services is limited. If, after analysis, the Commission concludes that there is a shortage of capacities, it should be permitted, if duly justified, to develop a pricing policy as part of those detailed rules on the service provision in order to match supply and demand of services and avoid a distortion of the market. The Commission should be conferred with implementing powers to adopt such pricing policy. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
Amendment 48 #
2022/0039(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ensure the long-term availability of worldwide uninterrupted access to secure and cost-effective satellite communication services to governmental users in accordance with paragraphs 1 to 3 of Article 7, which supports protection of critical infrastructures, surveillance, external actions, crisis management and applications that are critical for the economy, climate and environment, security and defence, thereby increasing the resilience of Member States;
Amendment 52 #
2022/0039(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
By way of derogation from paragraph 3, the Commission may, in duly justified cases and on an exceptional bwhere strictly necessary to match supply and demand of governmental services basis, and only in duly justified casies, determine, by means of implementing acts, a pricing policy.
Amendment 66 #
2022/0039(COD)
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1 – introductory part
Article 39 – paragraph 2 – subparagraph 1 – introductory part
By [DATE 32 YEARS AFTER THE ENTRY INTO FORCE], and every fourtwo years thereafter, the Commission shall evaluate the implementation of the Programme. It shall assess:
Amendment 67 #
2022/0039(COD)
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1 – point b a (new)
Article 39 – paragraph 2 – subparagraph 1 – point b a (new)
(b a) the evaluation also needs to include an assessment of possible overspending, the timeliness in meeting the established project deadlines and of possible mismanagement of the project.
Amendment 70 #
2022/0039(COD)
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 2
Article 39 – paragraph 2 – subparagraph 2
If appropriate, the evaluation shall be accompanied by an appropridequate proposal.
Amendment 38 #
2022/0033(NLE)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) The Initiative should contribute to the twin green and digital transformation in Europe, reflecting Union's core values and fundamental rights, including privacy by design and trust, security and safety at all levels of the value chains. It should be open and show flexibility to integrate relevant stakeholders, including in particular SMEs and non profit civil society organisations.
Amendment 48 #
2022/0033(NLE)
Proposal for a regulation
Recital 7
Recital 7
(7) The activities funded by the Chips Joint Undertaking should be covered in one singlea work programme, which should be adopted by the Governing Board. Before each work programme is prepared, the Public Authorities Board, taking into account the advice of the European Semiconductor Board and input from other relevant stakeholders, including as appropriate, roadmaps produced by the Alliance on Processors and Semiconductor Technologies26 , should define the part of the work programme related to capacity building activities and research and innovation activities, including their corresponding expenditure estimates. For this purpose, the Public Authorities Board should include only the Commission and public authorities from Member States. Subsequently, on the basis of this definition, the Executive Director should prepare the work programme including capacity building and research and innovation activities and their corresponding expenditure estimates. _________________ 26 The Alliance is referred to in the Communication from the Commission of 5 May 2021 on ‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery’.
Amendment 49 #
2022/0033(NLE)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Public financial support should always result in public results and technologies, and open collaboration models, such as open-source software and hardware should be encouraged. In the establishment of the work programs and in their implementation, the Joint Undertaking should respect the principle of open science, requiring beneficiaries to provide open access to research results and data following the principle “as open as possible, as closed as necessary”. The joint undertaking should lay out strict rules for derogations from these open access requirements, that might include strategic security concerns but avoid distortion of competition and restrictions to knowledge that would otherwise be needed by the Union stakeholders. Open access practices should be closely monitored by the Commission and any exemption should be listed transparently on the websites of the individual joint undertakings. Costs related to open access including data management plans should be eligible for reimbursement.
Amendment 53 #
2022/0033(NLE)
Proposal for a regulation
Recital 9
Recital 9
(9) The Public Authorities Board should be responsible for the selection of the projects related to capacity building activities. For this purpose, the Public Authorities Board should include only the Commission and public authorities from Member States. There should be a balanced representation of experts among the members of the Public Authorities Board, within the scope of the activities of the joint undertaking, including with respect to gender and geographical balance. Collectively, the members of the Public Authorities Board should have the necessary competences and expertise in order to make science-based recommendations to the joint undertaking, taking into account the climate, environmental and socioeconomic impact of such recommendations and the objectives of the Joint Undertaking.
Amendment 54 #
2022/0033(NLE)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) In the selection process of the projects, the clear and demonstrable contribution of the eligible action proposed to be implemented to the long term competitiveness of the Union's semiconductor industry and the objectives of the Chips Act, the cost-effectiveness of the eligible action proposed to be implemented, the contribution to achieving the twin transition of the eligible action proposed to be implemented, the environmental impact of the eligible action proposed to be implemented and the commitment to prevent any damages to the environment and biodiversity, as well as the participation of SMEs and start-ups should be taken into account.
Amendment 59 #
2022/0033(NLE)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) The Joint Undertaking should ensure the effective promotion of equal opportunities for all and the implementation of gender mainstreaming, including the integration of the gender dimension in R&I content. It should aim to address the causes of gender imbalance. Particular attention should be paid to ensuring, to the extent possible, gender balance in all bodies of the Joint Undertaking as well as evaluation panels and in other relevant advisory bodies, such as expert groups.
Amendment 60 #
2022/0033(NLE)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13 b) The research and innovation activities undertaken by the Joint Undertaking should contribute to climate main streaming targets while developing close synergies with other Union programmes and funding instruments, particularly with those supporting the deployment of innovative solutions, education and regional development, and in order to respond to global challenges and increase economic and social cohesion, reduce imbalances and environmental impacts. It is therefore necessary to conduct a climate and environmental impact assessment for every action. Extreme weather events, such as the droughts experienced in many Member States during the summer 2022 together with the significant quantities of water and energy necessary for the production of semiconductors highlight the importance of such climate and environmental impact assessments.
Amendment 61 #
2022/0033(NLE)
Proposal for a regulation
Recital 13 c (new)
Recital 13 c (new)
(13 c) In order to support young researchers’ careers and foster excellence in research and innovation, the Joint Undertaking should ensure and provide up to date information and regular open calls tailored to PhD and postdoc students and, where relevant, complementarities and synergies with other programmes and funding opportunities.
Amendment 62 #
2022/0033(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2021/2085
Article 4 – Paragraph 1
Article 4 – Paragraph 1
The Chips Joint Undertaking shall also contribute to the implementation of the objectives of the Chips for Europe Initiative and the Digital Europe Programme.
Amendment 63 #
2022/0033(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EU) 2021/2085
Article 12 – Paragraph 1
Article 12 – Paragraph 1
1. In addition to criteria set out in Article 22 of the Horizon Europe Regulation or, in the case of the Chips Joint Undertaking, in Article 18 of the Digital Europe Programme, the work programme mayshall include, as an annex, eligibility criteria regarding national legal entities. and the evaluation criteria, including the contribution to achieving the twin digital and green transition. The work programme shall include an assessment of the environmental impact of the actions funded to prevent any damage to the environment and biodiversity, as well as an assessment of social impact, including in terms of employment and training.
Amendment 64 #
2022/0033(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) 2021/2085
Article 126 – Paragraph 1 – point b
Article 126 – Paragraph 1 – point b
(b) Establish Union scientific excellence and innovation leadership in emerging components and systems technologies, including in activities related to lower TRLs; and promote the active involvement of SMEs, which shall represent at least one third of the total number of participants in indirect actions and at least 230 % of public funding dedicated to research and innovation actions should go to them.
Amendment 65 #
2022/0033(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) 2021/2085
Article 126 – Paragraph 1 – point d
Article 126 – Paragraph 1 – point d
(d) increase large-scalespecialised capacity throughout the Union in cutting-edge and next-generation semiconductor technologies to reinforce the Union’s advanced design, systems integration and semiconductor production capabilities and limiprevent wthere possible the environmental footprint negative environmental impact of the semiconductor industry with a credible strategy and commitment to prevent any damages to the environment and biodiversity, including sufficient measures to ensure that any negative consequences will be treated according to the polluter pays principle.
Amendment 69 #
2022/0033(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Regulation (EU) 2021/2085
Article 126 – Paragraph 2 – point f
Article 126 – Paragraph 2 – point f
(f) establish coherence between the Strategic Research and Innovation Agenda of the Chips Joint Undertaking inputs from other relevant stakeholders, including as appropriate, roadmaps produced by the Alliance on Processors and Semiconductor technologies and Union policiand Union policies so that the objectives sof that electronics components and systems technologies contribute efficie Chips Act in particular are implementlyed.
Amendment 70 #
2022/0033(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point d – introductory part
Article 1 – paragraph 1 – point 7 – point d – introductory part
Regulation (EU) 2021/2085
Article 126 – Paragraph 2
Article 126 – Paragraph 2
(d) In paragraph 2 the following points (-a) (g), (h), (i), (j) (k) (l) (m) and (jn) are added:
Amendment 72 #
2022/0033(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point d
Article 1 – paragraph 1 – point 7 – point d
Regulation (EU) 2021/2085
Article 126 – Paragraph 2 – point g a (new)
Article 126 – Paragraph 2 – point g a (new)
(g a) (-a) support the implementation of Union policy priorities, including in particular the sustainable development goals and the Paris Agreement and ensure that circularity and environmental considerations are taken into account in the development and implementation of research and innovation;
Amendment 75 #
2022/0033(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point d
Article 1 – paragraph 1 – point 7 – point d
Regulation (EU) 2021/2085
Article 126 – Paragraph 2 – point j a (new)
Article 126 – Paragraph 2 – point j a (new)
(j a) deliver environmental, energy efficient, resource-saving, circularity and productivity improvements in new products, technologies, applications and services by exploiting Union capabilities and resources.
Amendment 77 #
2022/0033(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point d
Article 1 – paragraph 1 – point 7 – point d
Regulation (EU) 2021/2085
Article 126 – Paragraph 2 – point j b (new)
Article 126 – Paragraph 2 – point j b (new)
(j b) promote responsible research and innovation, taking into account the precautionary principle, prevent any damages to the environment and biodiversity, especially focusing on water management and energy use as well as the use, treatment and disposal of toxic chemicals and heavy metals and including sufficient measures to ensure that the use and management of natural resources is fully transparent and that any negative consequences will be treated according to the polluter pays principle.
Amendment 79 #
2022/0033(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point d
Article 1 – paragraph 1 – point 7 – point d
Regulation (EU) 2021/2085
Article 126 – Paragraph 2 – point j c (new)
Article 126 – Paragraph 2 – point j c (new)
(j c) promote STEM education while paying particular attention to women’s participation and strengthening the gender dimension in research and innovation.
Amendment 81 #
2022/0033(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point d
Article 1 – paragraph 1 – point 7 – point d
Regulation (EU) 2021/2085
Article 126 – Paragraph 2 – point j d (new)
Article 126 – Paragraph 2 – point j d (new)
(j d) foster open science and ensure visibility to the public and open access to the results of publicly funded research and innovation;
Amendment 83 #
2022/0033(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point d
Article 1 – paragraph 1 – point 7 – point d
Regulation (EU) 2021/2085
Article 126 – Paragraph 2 – point g e (new)
Article 126 – Paragraph 2 – point g e (new)
Amendment 87 #
2022/0033(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2021/2085
Article 129 – Paragraph 3
Article 129 – Paragraph 3
3. By way of derogation from Article 28(4), the private members shall make or arrange for their constituent and affiliated entities to make a financial contribution of at least EUR 26 331 000 for administrative costs of the Chips Joint Undertaking. The share of the total contribution on an annual basis for administrative costs of the Chips Joint Undertaking by the private members shall be at least 35%.
Amendment 120 #
2022/0032(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Semiconductors are at the core of any digital device: from smartphones and cars, through critical applications and infrastructures in health, energy, communications and automation to most other industry sectors. While semiconductors are essential to the functioning of our modern economy and society, the Union has witnessed unprecedented disruptions in their supply. The current supply shortage is a symptom of permanent and serious structural deficiencies in the Union’s semiconductor value and supply chain. The disruptions have exposed long-lasting vulnerabilities in this respect, notablydisruptions have exposed a strong third- country dependency in manufacturing and design of chips.
Amendment 146 #
2022/0032(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to take measures to build capacity and strengthen the Union’s semiconductor sector in line with Article 173(3) of the Treaty. These measures do not entail the harmonisation of national laws and regulations. In this regard, the Union should reinforce the competitiveness and resilience of the semiconductor technological and industrial base, whilst strengthening the innovation capacity of its semiconductor sector, reducing dependence on a limited number of third country companies and geographies, and strengthening its capacity to design and produc, produce, package, reuse and recycle advanced components. The Chips for Europe Initiative (the ‘Initiative’) should support these aims by bridging the gap between Europe’s advanced research and innovation capabilities and their sustainable industrial exploitation. It should promote capacity building to enable design, production and systems integration in next generation semiconductor technologies, enhance collaboration among key players across the Union, strengthening Europe's semiconductor supply and value chains, serving key industrial sectors and creating new markets.
Amendment 151 #
2022/0032(COD)
(5) The use of semiconductors is critical for multiple economic sectors and societal functions in the Union and therefore, a resilient supply is essential for the functioning of the internal market. Given the wide circulation of semiconductor products across borders, the resilience and security of supply of semiconductors can be best addressed through Union harmonising legislation based on Article 114 of the Treaty. With a view to enabling coordinated measures for building resilience, harmonised rules for facilitating the implementation of specific projects that contribute to the security of supply of semiconductors in the Union are necessary. The proposed monitoring and crisis response mechanism should be uniform to enable a coBased on an approved methodology, a subsequent mapping of the semiconductor value chains should form the basis ford inated approach to crisis preparedness for the cross-border semiconductor value chain depth impact assessment for the measures proposed within the crisis response mechanism.
Amendment 153 #
2022/0032(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The achievement of these objectives will be supported by a governance mechanism. At Union level, this Regulation establishes a European Semiconductor Board, composed of representatives of the Member States, the European Parliament and chaired by the Commission. The European Semiconductor Board will, granting stakeholders the possibility to become official observers and to provide expert input, will approve the methodology for the mapping of the semiconductor value and supply chain, provide advice to and assist the Commission on specific questions, including the consistent application of this Regulation, facilitating cooperation among Member States and exchanging information on issues relating to this Regulation. The European Semiconductor Board should hold separate meetings for its tasks under the different chapters of this Regulation. The different meetings may include different compositions of the high-level representatives and the Commission may establish subgroups ensuring access to members and observers of the European Semiconductor Board.
Amendment 162 #
2022/0032(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The semiconductor sector is characterised by very high development and innovation costs and very high costs for building state of the art testing and experimentation facilities to support the industrial production. This has direct impact on the competitiveness and innovation capacity of the Union industry, as well as on the security and resilience of the supply. In light of the lessons learnt from recent shortages in the Union and worldwide and the rapid evolution of technology challenges and innovation cycles affecting the semiconductor value chain, it is necessary to strengthen the Union’s existing strengths, thus increasing its relative competitiveness, resilience and innovation capacity by setting up the Initiative.
Amendment 170 #
2022/0032(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The Horizon Europe Framework programme established by Regulation (EU) 2021/695 of the European Parliament and of the Council51 (Horizon Europe) – the Framework Programme for Research and Innovation, has the objective to strengthen the European research area (ERA), encouraging it to become more competitive, including in its industry, while promoting all research and innovation (R&I) activities to deliver on the Union's strategic priorities and commitments, which ultimately aim to promote peace, the Union's values and the well-being of its peoples. As a major priority ofSince the UInion, the total financial resources allocated to the programme should not be reduced and the reduction of the financial resources of the progtiative was not envisaged when the multiannual financial framme, aimed to reinforce the financial envelope of the Digital Europe programme with the aim of contributing to the Chips initiative, should be compensated by another source. Consequently, without prejudice to the institutional prerogatives of the European Parliament and of the Council, an amount of commitment appropriations equivwork (MFF) for 2021-2027 was established, and to avoid any cuts to other Union initiatives and programmes, the amount of the financial ent to the reduction should be made available to Horizon Europe over the period 2023-2027, resulting from total or partial non-implementation of projects belonging to that programme or its predecessor, as provided for in Article 15(3) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council52 (the Financial Regulation). This amount will be in addition to the EUR 0.5 velope should be drawn from the unallocated margins under the MFF ceilings or mobillion (in 2018 prices) already mentioned in the Joint Declaration by the European Parliament, the Counsed through the non-thematic MFF special and the Commission on the re-use of decommitted funds in relation to the research programmeinstruments. _________________ 51 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013. (OJ L 170, 12.5.2021, p. 1). 52 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).
Amendment 173 #
2022/0032(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to equip the Union with the semiconductor technology research and innovation capacities needed to maintain its research and industrial investments at a leading edge, and bridge the current gap between research and development and manufacturing, the Union and its Member States should better coordinate their efforts and co-invest. To achieve this, the Union and Member States, should take into consideration the twin digital and green and shall align all investments with the goals of the twin green and digital transition goals. The Initiative throughout all components and actions, to the extent possible, should mainstream and maximise the benefits of application of semiconductor technologies as powerful enablers for the sustainability transition that can lead to new products and more efficient, effective, clean and durable use of resources, including energy and materials necessary for production and the whole lifecycle use of semiconductors.
Amendment 180 #
2022/0032(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve its general objective, and address both the supply and demand side challenges of the current semiconductor ecosystem, the Initiative should include five main components. First, to reinforce Europe’s design capacity, the Initiative should support actions to build a virtual platform that is available across the Union. The platform should connect the communities of design houses, SMEs and start-ups, intellectual property and tool suppliers, with research and technology organisations to provide virtual prototype solutions based on co- development of technology. Second, in order to strengthen the security and resilience of supply and reducing the Union’s dependency on third country production, the Initiative should support development and access to pilot lines. The pilot lines should provide for the industry a facility to test, experiment and validate semiconductor technologies and system design concepts at the higher technology readiness levels beyond level 3 but under level 8 while preducingventing negative environmental impacts as much as possible, especially reducing to a minimum the use of water, energy, toxic chemicals and heavy metals. Union investments along Member States investment and with the private sector in pilot lines is necessary to address the existing structural challenge and market failure where such facilities are not available in the Union hindering innovation potential and global competitiveness of the Union. Third, in order to enable investments in alternative technologies, such as quantum technologies, conducive to the development of the semiconductors sector, the Initiative should support actions including on design libraries for quantum chips, pilot lines for building quantum chips and testing and experimentation facilities for quantum components. Fourth, in order to promote the use of the semiconductor technologies, to provide access to design and pilot line facilities, and to address skills gaps across the Union, the Initiative should support establishment of the competence centres on semiconductors in each Member State. Access to publicly funded infrastructure, such as pilot and testing facilities, and to the competence network, should be open to a wide range of users and must be granted on a transparent and non-discriminatory basis and on market terms (or cost plus reasonable margin basis) for large undertakings, while SMEs can benefit from preferential access or reduced prices. Such access, including for international research and commercial partners, can lead to broader cross- fertilisation and gains in know-how and excellence, while contributing to cost recovery. Fifth, The Commission should set-up a dedicated semiconductor investment facility support (as part of the investment facilitation activities described collectively as the ‘Chips Fund’) proposing both equity and debt solutions, including a blending facility under the InvestEU Fund established by Regulation (EU) 2021/523 of the European Parliament and Council53 , in close cooperation with the European Investment Bank Group and together with other implementing partners such as national promotional banks and institutions. The ‘Chips Fund’ activities should support the development of a dynamic and resilient semiconductor ecosystem by providing opportunities for increased availability of funds to support the growth of start-ups and SMEs as well as investments across the value chain, including for other companies in the semiconductor value chains. In this context, the European Innovation Council will provide further dedicated support through grants and equity investments to high risk, market creating innovators. _________________ 53 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30).
Amendment 188 #
2022/0032(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Support from the Initiative should be used to address market failures or sub- optimal investment situations in a proportionate cost-effective manner, and actions should not duplicate or crowd out private financing or distort competition in the internal market. Actions should have a clear added value for the Union.
Amendment 203 #
2022/0032(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Integrated Production Facilities and Open EU Foundries should provide semiconductor manufacturing capabilities that are “first-of-a-kind” in the Union and contribute to the security of supply and to a resilient ecosystem in the internal market. The qualifying factor for the production of a first-of-a-kind facility could b. ‘first- of-a-kind facility’ means a new or retrofitted industrial facility capable of semiconductor manufacturing or design, including front-end or back-end, or both, or capable of manufacturing materials or equipment specifically used in semiconductor manufacturing, that is not substantively already present or committed to be built within the Union, for instance with regard to the technology node, substrate material, such as silicon carbide and gallium nitride, or and other product or production innovation that can offer state-of-the-art better performance, process technology or energy and environmental performance. A facility of a comparable capability on an industrial scale should not yet substantively be present or committed to be built withincreases the recyclability of semiconductors, reduces significantly and demonstrably the required production inputs, such as energy, water, toxic chemicals and heavy metals, demonstrably enables energy savings in othe Union, excluding facilities for research and dever industries and sectors and enables the deplopyment or small-scale production sf renewable energy, storage and transmission capacities.
Amendment 213 #
2022/0032(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) It is important that Integrated Production Facilities and Open EU Foundries are not subject to extraterritorial application of public service obligations imposed by third countries that could undermine their ability to use their infrastructure, software, services, facilities, assets, resources, intellectual property or knowhow needed to fulfil the obligation on priority rated orders under this Regulation, which they would have to guarantee.
Amendment 217 #
2022/0032(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In light of the fast development of semiconductor technologies and to strengthen the future industrial competitiveness of the Union, Integrated Production Facilities and Open EU Foundries should commit to continued and efficient investment into the next generations of semiconductors, including by testing and experimenting new developments through priority access to the pilot lines set up by the Chips for Europe Initiative, without prejudice to effective access by others, especially of SMEs and start-ups.
Amendment 219 #
2022/0032(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) To allow for a uniform and transparent procedure to attain recognition as an Integrated Production Facility and Open EU Foundry, the recognition decision should be adopted by the Commission following the application by an individual undertaking or a consortium of several undertakings. To account for the importance of a coordinated and cooperated implementation of the planned facility, the Commission should take into account in its assessment the readiness of the Member State or Member States where the applicant intends to establish its facilities to support the set-up. Furthermore, when assessing the viability of the business plan, the Commission could take into account the overall record of the applicant, the clear and demonstrable contribution of the eligible action proposed to be implemented to the long term competitiveness of the Union's semiconductor industry and the objectives described in Article 4, the cost- effectiveness of the eligible action proposed to be implemented, the contribution to achieving the twin transition of the eligible action proposed to be implemented, the environmental impact of the eligible action proposed to be implemented and the commitment to prevent any damages to the environment and biodiversity as well as the participation of SMEs and start-ups. In light of the privileges attached to recognition as an Integrated Production Facility or Open EU Foundry, the Commission should monitor whether facilities that have been granted this status continue to comply with the criteria set out in this Regulation.
Amendment 225 #
2022/0032(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) It is necessary that Integrated Production Facilities and Open EU Foundries are set-up as quickly as possible, while keeping the administrative burden to a minimum. For that reason, Member States should treat applications related to the planning, construction and operation of Integrated Production Facilities and Open EU Foundries in the most rapid manner possible. They should appoint an authority which will facilitate and coordinate the permit granting processes and appoint a coordinator, serving as a single point of contact for the project. Moreover, where necessary for granting a derogation under Council Directive 92/43/EEC56 and Directive 2000/60/EC of the European Parliament and Council57 , the establishment and operation of these facilities, which should not prevent the necessary conducting of a climate and environmental impact assessment for every new or retrofitted facility. Extreme weather events, such as the droughts experienced in many be considered as being of overriding public interestMember States in Summer of 2022 together within the meaning of the aforementioned legal texts, provided that the remaining other conditions set out insignificant quantities of water and energy necessary for these provisions are fulfilled. _________________ 56 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. 57 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policyduction of semiconductors highlight the importance of such climate and environmental impact assessments.
Amendment 233 #
2022/0032(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 238 #
2022/0032(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Due to the complex, quickly evolving and interlinked semiconductor value chains with various actors, a coordinated and approved approach to regular monitorapping is necessary to increase the ability to mitigate risks that may negatively affect the supply of semiconductors. Member States should monitor the semiconductor value chain focusing on early warning indicators and the availability and integrity of the services and goods provided by key market actors, in such a way that it would not represent an excessive administrative burden for undertakings.
Amendment 243 #
2022/0032(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Any relevant findings, including informationinformation, inter alia provided by relevant stakeholders and industry associations, should be provided to the European Semiconductor Board to allow for a regular exchange of information between high- level representatives of Member States, the European Parliament and official observers and for integration of the information into a monitoring overviewapping of the semiconductor value chains.
Amendment 249 #
2022/0032(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 254 #
2022/0032(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Member States should alert the Commission if relevant factors indicate a potential semiconductor crisis. In order to ensure a coordinated response to address such crises, the Commission should upon the alert by a Member State or through other sources, including information from international partners, convene an extraordinary meeting of the European Semiconductor Board for assessing the need to activate the crisis stage and for discussing whether it may be appropriate, necessary and proportionate for Member States to carry out coordinated joint procurement, based on the findings of the impact assessment specified in this act. The Commission should engage in consultations and cooperation with relevant third countries with a view to addressing any disruptions in the international supply chain, in compliance with international obligations and without prejudice to procedural requirements under the Treaty on international agreements.
Amendment 260 #
2022/0032(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) As part of the monitoring, nNational competent authorities should also do a mapping of undertakings operating in the Union along the semiconductor supply chain established in their national territory and notifyprovide this information to the Commission.
Amendment 261 #
2022/0032(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to facilitate effective monitoring, in-depth assessment of the risks associated with different stages of the semiconductor value chain is needed, including on the origins and sources of supplies beyond the Union. Such risks may be related to critical inputs and equipment for the industry, including digital products that may be vulnerable, possible impact of counterfeit semiconductors, manufacturing capacities and other risks that may disrupt, compromise or negatively affect the supply chain. Those risks could include supply chains with a single point of failure or which are otherwise highly concentrated. Other relevant factors could include the availability of substitutes or alternative sources for critical inputs and resilient and sustainable transport. The Commission should, assisted by the European Semiconductor Board and taking also into account information received from the main user categories, develop a Union level risk assessmentapping the Commission shall propose a methodology for mapping the relevant semiconductor value chains. This methodology shall be approved by the European Semiconductor Board.
Amendment 266 #
2022/0032(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to forecast and prepare for future disruptions of the different stages of the semiconductor value chain in the Union, the Commission should, assisted by the European Semiconductor Board, identify early warning indicators in the Union risk assessment. Such indicators could include the availability of raw materials, intermediate products and human capital needed for manufacturing semiconductors, or appropriate manufacturing equipment, the forecasted demand for semiconductors on the Union and global markets, price surges exceeding normal price fluctuation, the effect of accidents, attacks, natural disasters or other serious events, the effect of trade policies, tariffs, export restrictions, trade barriers and other trade related measures, and the effect of business closures, delocalisations or acquisitions of key market actors. Member States should monitor these early warning indicatorsand based on the mapping of the semiconductor value chain, identify early warning indicators and conduct a Union risk assessment.
Amendment 272 #
2022/0032(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) As part of the monitorapping, Member States could specifically consider the availability and integrity of the services and goods of key markets actors. Such issues could be brought to the attention of the European Semiconductor Board by the Member State concerned.
Amendment 274 #
2022/0032(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The semiconductor crisis stage should be triggered in the presence of concrete, serious, and reliable evidence of such a crisis. A ‘semiconductor crisis occurs in cas’ means the existence of serious disruptions toin the supply of semiconductors supply chain, leading to significant shortages which entail significant delays and negative effects on one or more important economic sectors in the Union, either directly or through ripple effects of the shortage, given that the Union’s industrial sectors represent a strong user base of semiconductors. Alternatively or in addition, a semiconductor crisis also occurs when serious disruptions of the supply of semiconductors lead to significant shortages whichof semiconductors, intermediate products or raw and processed materials, at any link of the semiconductor value chain, which demonstrably prevents the supply, repair and maintenance of essential products used by critical sectors, for instance medical and diagnostic equipmof the semiconductor supply chain itself or the normal functioning of critical sectors in providing essential goods and services to Union citizents.
Amendment 278 #
2022/0032(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In order to ensure an agile and effective response to such a semiconductor crisis, the Commission should be empowered to activate the crisis stage by means of an implementingonly after having consulted the European Semiconductor Board and after fully having taken into consideration its opinion, by means of delegated acts and for a predetermined duration period, taking into account the opinion of the European Semiconductor Board. The Commission should assess the need for prolongation and prolong the duration of the crisis stage for a predetermined period, based on an additional delegated act, should such a necessity be ascertained, taking into account the opinion of the European Semiconductor Board.
Amendment 282 #
2022/0032(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Close cooperation between the Commission and the Member States and coordination of any national measures taken with regard to the semiconductor supply chain is indispensable during the crisis stage with a view to addressing disruptions with the necessary coherence, resiliency and effectiveness. To this end, the European Semiconductor Board should hold extraordinary meetings as necessary. Any such measures taken should be fully based on the findings of the impact assessment outlined in this Regulation and strictly limited to the duration period of the crisis stage.
Amendment 286 #
2022/0032(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Appropriate, effective and proportionate measures should be identified and implemented when the crisis stage is activated without prejudice to possible continued international engagement with relevant partners with the view to mitigating the evolving crisis situation. Where appropriate, the Commission should request information from undertakings along the semiconductor supply chain. Furthermore, the Commission should be able to, where necessary and proportionate, oblige Integrated Production Facilities and Open EU Foundries to accept and prioritise an order of the production of crisis-relevant products, and to act as a central purchasing body when mandated by Member States. The Commission could limit the measures to certain critical sectors. In addition, the European Semiconductor Board may advise on the necessity of introducing an export control regime pursuant to Regulation (EU) 2015/479 of the European Parliament and of the Council60 . The European Semiconductor Board may also assess and advise on further appropriate and effective measures. The use of all these emergency measures should be proportionate and restricted to what is necessary to address the significant disturbances at stake insofar as this is in the best interest of the Union. The Commission should regularly inform the European Parliament and the Council of the measures taken and the underlying reasons. The Commission may, after consulting with the Board, issue further guidance on the implementation and use of the emergency measures. _________________ 60 Regulation (EU) 2015/479 of the European Parliament and of the Council of 11 March 2015 on common rules for exports (OJ L 83, 27.3.2015, p. 34)fully based on the findings of the impact assessment outlined in this Regulation and should be implemented when the crisis stage is activated without prejudice to possible continued international engagement with relevant partners with the view to mitigating the evolving crisis situation.
Amendment 291 #
2022/0032(COD)
(46) A number of sectors are critical for the proper functioning of the internal market. Those cCritical sectors are the sectors listed in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities61 as well as the producers of renewable energy, storage and distribution and transmission equipment. For the purposes of this Regulation, defence and other activities that are relevant for public safety and security should be additionally considered as a critical sector. Certain measures should only be enacted fur the purpose of securing supply to critical sectors. The Commission may limit the emergency measures to certain of these sectors or to certain parts of them when the semiconductor crisis has disturbed or is threatening to disturb their operation. _________________ 61 COM(2020) 829. 16.12.2020.
Amendment 296 #
2022/0032(COD)
Proposal for a regulation
Recital 47
Recital 47
Amendment 300 #
2022/0032(COD)
Proposal for a regulation
Recital 48
Recital 48
Amendment 305 #
2022/0032(COD)
Proposal for a regulation
Recital 49
Recital 49
Amendment 308 #
2022/0032(COD)
Proposal for a regulation
Recital 50
Recital 50
Amendment 310 #
2022/0032(COD)
Proposal for a regulation
Recital 51
Recital 51
Amendment 311 #
2022/0032(COD)
Proposal for a regulation
Recital 52
Recital 52
Amendment 315 #
2022/0032(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) When the crisis stage is activated, fully based on the findings of the impact assessment outlined in this Regulation, two or more Member States could mandate the Commission to aggregate demand and act on their behalf for their public procurement in the public interest, in accordance with existing Union rules and procedures, leveraging its purchasing power. The mandate could authorise the Commission to enter into agreements concerning the purchase of crisis-relevant products for certain critical sectors. The Commission should assess for each request the utility, necessity and proportionality in consultation with the Board. Where it intends to not follow the request, it should inform the concerned Member States and the Board and give its reasons. Furthermore, the participating Member States should be entitled to appoint representatives to provide guidance and advice during the procurement procedures and in the negotiation of the purchasing agreements. The deployment and use of purchased products should remain within the remit of the participating Member States.
Amendment 317 #
2022/0032(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) During a semiconductor shortage crisis, it might become necessary that the Union considersthe findings of the impact assessment outlined in this Regulation should indicate whether Union protective measures can significantly contribute to solving thesemi conductor crisis, taking also into consideration potential second round effects of such protective measures. The European Semiconductor Board mayshould express its views to inform the Commission’s assessment of whether the market situation amounts to a significant shortage of essential products pursuant to Regulation (EU) 2015/479 and whether it agrees with the conclusion of the Commission, which are based the findings of the impact assessment outlined in this act, regarding the necessity of protective measures.
Amendment 321 #
2022/0032(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) In order to facilitate a smooth, effective and harmonised implementation of this Regulation, cooperation and the exchange of information, the European Semiconductor Board should be established. The European Semiconductor Board should provide advice to and assist the Commission on specific questions. These should include providing advice on the Chips for Europe Initiative to the Public Authorities Board of the Chips Joint Undertaking; exchanging information on the functioning of the Integrated Production Facilities and Open EU Foundries; discussing and preparing the identification of specific sectors and technologies with potential high social impact and respective security significance in need of certification for trusted products and addressing coordinated monitoring and crisis response. Furthermore, the European Semiconductor Board should ensure the consistent application of this Regulation, facilitate cooperation between Member States as well as exchange of information on issues relating to this Regulation. The European Semiconductor Board should support the Commission in international cooperation in line with international obligations, including in information gathering and crisis assessment. In addition, the European Semiconductor Board should coordinate, cooperate and exchange information with other Union crisis response and crisis preparedness structures with a view to ensure a coherent and coordinated Union approach as regards crisis response and crisis preparedness measures for semiconductor crises. The European Semiconductor board should approve the methodology, proposed by the Commission, for the mapping of the relevant semi conductor value chains.
Amendment 323 #
2022/0032(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) A representative of the Commission should chair the European Semiconductor Board. Each Member State’s national single point of contact as well as the European Parliament should appoint at least one high-level representative to the European Semiconductor Board. They could also appoint different representatives in relation to different tasks of the European Semiconductor Board, for example, depending on which Chapter of this Regulation is discussed in the meetings of the European Semiconductor Board. The Commission may establish sub-groups and should be entitled to establish working arrangements by inviting experts to take part in the meetings on an ad hoc basis or by inviting organisations representing the interests of the Union semiconductors industry, such as the Industrial Alliance on Processors and Semiconductor Technologies, in its sub-groups as observers.
Amendment 324 #
2022/0032(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) The European Semiconductor Board will hold separate meetings for its tasks under Chapter II and for its tasks under Chapter III and IV. Member States should endeavour to ensure effective and efficient cooperation in the European Semiconductor Board. The Commission should be able to facilitate exchanges between the European Semiconductor Board and other Union bodies, offices, agencies and advisory groups. In light of the importance of the supply of semiconductors for other sectors and the resulting need for coordination, the Commission should ensure participation by other Union institutions and bodies as observers in meetings of the European Semiconductor Board where relevant and appropriate in relation to the monitoring and crisis response mechanism established under Chapter IV. In order to continue and make use of the work following the implementation of Commission Recommendation on a common Union toolbox to address semiconductor shortages, the European Semiconductor Board should carry out the tasks of the European Semiconductor Expert Group. Once the European Semiconductor Board is operational, this expert group should cease to exist.
Amendment 325 #
2022/0032(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Member States hold a key role in the application and enforcement of this Regulation. In this respect, each Member State should designate one or more national competent authorities for the purpose of effective implementation of this Regulation and ensure that those authorities are. The Commission and Member States should ensure that the relevant administrative bodies have the necessary level of expertise and adequately empowered and resourced. Member States could designate an existing authority or authorities. In order to increase organisation efficiency in the Member States and to set an official point of contact vis-a-vis the public and other counterparts at Member State and Union levels, including the Commission and the European Semiconductor Board, each Member State should designate, within one of the authorities it designated as competent authority under this Regulation, one national single point of contact responsible for coordinating issues related to this Regulation and cross-border cooperation with competent authorities of other Member States.
Amendment 329 #
2022/0032(COD)
Proposal for a regulation
Recital 60
Recital 60
Amendment 330 #
2022/0032(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in order to amend Annex I to this Regulation to reflect technological change and market developments, with regard to the actions set out therein in a manner fully consistent with the objectives of this Regulation and to amend Annex II thereto with regard to the measurable indicators where considered to be necessary as well as to supplement this Regulation with provisions on the establishment of a monitoring and evaluation frameworkspecified in this Regulation. It is of particular importance that the Commission carries 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-Making63 . 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. _________________ 63 OJ L 123, 12.5.2016, p. 1.
Amendment 332 #
2022/0032(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the selection of ECICs and as regards the procedure for establishing and defining the tasks of competence centres and the procedure for establishing the network, so that the objectives of the Initiative are achieved. Furthermore, implementing powers should be conferred on the Commission as regards activating the crisis stage in a semiconductor crisis, to allow a rapid and coordinated response, and for specifying the practical arrangements for the treatment of confidential informwhich should be fully based on the findings of the impact assessment outlined in this Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council64 of the European Parliament and of the Council. _________________ 64 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers, (OJ L 55, 28.2.2011, p. 13).
Amendment 333 #
2022/0032(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) Since the objective of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may only adopt measures that are fully based on the findings of the impact assessment outlined in this Regulation and that are in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 337 #
2022/0032(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) setting up a coordination mechanism between the Member States and the Commission for monitoring the supply of semiconductors and crisis response to semiconductor shortage, stakeholders from the semiconductor supply chain as well as stakeholders from critical sectors that might be affected by disruptions to the supply of semiconductors for mapping and monitoring the semiconductor supply chain and identify potential bottlenecks with publicly and commercially available data as well as data voluntarily provided by the stakeholders, and articulating crisis prevention and management tools.
Amendment 348 #
2022/0032(COD)
(10) ‘first-of-a-kind facility’ means an new or retrofitted industrial facility capable of semiconductor manufacturing or design, including front-end or back-end, or both, or capable of manufacturing materials or equipment specifically used in semiconductor manufacturing, that is not substantively already present or committed to be built within the Union, for instance with regard to the technology node, substrate material, such as silicon carbide and gallium nitride, andor other product or production innovation that can offer better performance, process innovation or energy and environmental performancestate-of-the-art performance, increases the recyclability of semiconductors, reduces significantly and demonstrably the required production inputs, such as energy, water, toxic chemicals and heavy metals, demonstrably enables energy savings in other industries and sectors and enables the deployment of renewable energy, storage and transmission capacities;
Amendment 359 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘next generation chips’ and ‘next generation semiconductor technologies’ means chips and semiconductor technologies that go beyond the state of the art in offering significant improvements in computing power or energy efficiency as well as other significant energy and environmental gain, power management, security, or energy generation, storage, transmission and efficiency or improvements in recyclability as well as other significant energy and environmental gains or that require significantly and demonstrably less production inputs, such as energy, water, toxic chemicals and heavy metals;
Amendment 369 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘critical sector’ means any sector referred to in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities, all sectors producing equipment for the development and deployment of renewable energy generation, storage, distribution and transmission capacity, the defence sector and space and other activities that are relevant for public safety and security;
Amendment 383 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘crisis-relevant product’ means semiconductors, their packaging as well as intermediate products and raw materials required to produce semiconductors or intermediate products, that are affected by the semiconductor crisis or of strategic importance to remedy the semiconductor crisis or economic effects thereofcan demonstrably remedy dysfunctionalities in one of the critical sectors in providing essential goods and services to Union citizens;
Amendment 386 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
(17 a) ‘semiconductor crisis’ means the existence of serious disruptions in the semiconductor supply chain, leading to significant shortages of semiconductors, intermediate products or raw and processed materials, at any link of the semiconductor value chain, which demonstrably prevents the normal functioning of critical sectors in providing essential goods and services to Union citizens;
Amendment 390 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19 a (new)
Article 2 – paragraph 1 – point 19 a (new)
(19 a) ‘demonstrably’ means ‘as demonstrated’ by independent experts in their relevant fields in a respective and publicly available report endorsed by the Commission under the advice of the European Semiconductor Board;
Amendment 396 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The general objective of the Initiative is to support large-scaimprove the long-term relative competitiveness of the Union's semiconductor industry by leveraging already existing capabilities and comparative advantages and investing in a cost-effective way and foster to the extent possible technological capacity building and innovation throughout the Union to enable development and deployment of cutting- edge and next generation semiconductor and quantum technologies that will reinforce the Union advanced design, systems integration and chips production capabilities, as well as contribute to the achievement of the twin digital and green transition.
Amendment 402 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a – introductory part
Article 4 – paragraph 2 – point a – introductory part
(a) building up advanced large-scale and specialised design capacities for integrated semiconductor technologies. This operational objective shall be achieved through:
Amendment 412 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b – point 2
Article 4 – paragraph 2 – point b – point 2
(2) supporting large scale innovation through access to new or existing pilot lines for experimentation, test, and validation of new design concepts integrating key functionalities, such as novel materials and architectures for power electronics fostering sustainable energy andrenewable energy, manufacturing according to the highest environmental standards with an obligation to reduce the required production inputs, such as water, energy, toxic chemicals and heavy metals , electro mobility, lower energy consumption, energy efficiency, security, higher levels of computing performance or integrating breakthrough technologies such as neuromorphic and embedded artificial intelligence (AI) chips, integrated photonics, graphene and other 2D material based technologies;
Amendment 419 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b – point 3
Article 4 – paragraph 2 – point b – point 3
(3) providing support to Integrated Production Facilities and Open EU Foundries through priorityaccess to the new pilot lines, as well as providing access to the new pilot lines for all interested parties and guaranteeing access to start-ups and SMEs.
Amendment 427 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d – point 2
Article 4 – paragraph 2 – point d – point 2
(2) address the skills shortage, attracting and mobilising new talent and supporting the emergence of a suitably skilled workforce with advanced skills up to the PhD level for strengthening the semiconductor sector, including via reskilling and up skilling of students and skilled workers.
Amendment 436 #
2022/0032(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 442 #
2022/0032(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Initiative shall enable synergies with Union programmes, as referred to in Annex III. The Commission shall ensure that the achievement of the objectives isof the other programmes are not hampered when leveraging the complementary character of the Initiative with Union programmes.
Amendment 447 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. For the purpose of implementing eligible actions and other related tasks funded under the Initiative a European Chips Infrastructure Consortium (‘ECIC’) may be established under the conditions set out in this Article.
Amendment 452 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point b a (new)
Article 7 – paragraph 3 – point b a (new)
(b a) a document detailing how the actions taken by the ECIC will be technically contributing to the objectives laid down in Article 4;
Amendment 453 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point b b (new)
Article 7 – paragraph 3 – point b b (new)
(b b) a detailed statement on why and how much public funding is necessary to achieve the actions outlined in the application;
Amendment 456 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 4 – point f a (new)
Article 7 – paragraph 4 – point f a (new)
(f a) the clear and demonstrable contribution of the eligible action proposed to be implemented to the long term competitiveness of the Union semiconductor industry and the objectives laid down in Article 4;
Amendment 459 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 4 – point f b (new)
Article 7 – paragraph 4 – point f b (new)
(f b) cost-effectiveness of the eligible action proposed to be implemented;
Amendment 460 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 4 – point f c (new)
Article 7 – paragraph 4 – point f c (new)
(f c) contribution to achieving the twin transition, of the eligible action proposed to be implemented;
Amendment 461 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 4 – point f d (new)
Article 7 – paragraph 4 – point f d (new)
(f d) the environmental impact of the eligible action proposed to be implemented and a credible strategy and commitment to prevent any damages to the environment and biodiversity, including sufficient measures to ensure that any negative consequences will be treated according to the polluter pays principle;
Amendment 462 #
2022/0032(COD)
Proposal for a regulation
Article 7 – paragraph 4 – point f e (new)
Article 7 – paragraph 4 – point f e (new)
(f e) the participation of SMEs and start-ups;
Amendment 467 #
2022/0032(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purpose of implementing actions under the Initiative’s component referred to in Article 5, point (d), a European network of competence centres in semiconductors (the ‘network’) mayshall be established.
Amendment 481 #
2022/0032(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The components listed in points (a) to (d) of Article 5 under the Initiative may be entrusted togeneral objectives as well as the operational objectives laid down in Article 4(2), paragraphs a, b and c shall be stated in their entirety in the basic act establishing the Chips Joint Undertaking referred to in, Council Regulation XX/XX amending Council Regulation (EU) 2021/2085 and implemented in the work programme of the Chips Joint Undertaking.
Amendment 485 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Integrated Production Facilities are new or retrofitted first-of-a-kind semiconductor design and manufacturing facilities, including front- end or back-end, or both, in the Union that contribute to the security of supply for the internal market or improve the relative competitiveness of the Union's semiconductor industry.
Amendment 491 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) its establishment and operation have a clear positive impact on the Union’s semiconductor value chain with regard to ensuring the security of supply inter alia by increasing the strategic relevance of or demand for specific Union's semiconductor products and services within the global semiconductor value chain, and increasing qualified workforce;
Amendment 500 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) it guarantees not to be subject to the extraterritorial application of public service obligations of third countries in a way that may undermine the undertaking’s ability to comply with the obligations set out in Article 21(1) and commits to inform the Commission when such obligation arises;
Amendment 507 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) it commits to invest in the design, production, packaging, reuse or recycling of next generation of chips.
Amendment 511 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. For the purpose of investing in the design, production, packaging, reuse or recycling next generation of chips according to paragraph 2, point (d), the Integrated Production Facility shall have priority access to the pilot lines set up in accordance with Article 54, point (b). Any such priority access shall be without prejudice to effective access to the pilot lines by other interested undertakings, especially SMEs and start-ups.
Amendment 515 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Open EU Foundries are new or retrofitted first-of-a- kind semiconductor front-end or back-end, or both, manufacturing facilities in the Union that offer production capacity to unrelated undertakings and thereby contribute to the security of supply for the internal market or improve the relative competitiveness of the Union's semiconductor industry.
Amendment 522 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) its establishment and operation have a clear positive impact on the Union’s semiconductor value chain with regard to ensuring the security of supply inter alia by increasing the strategic relevance of or demand for specific Union's semiconductor products and services within the global semiconductor value chain, and increasing qualified workforce, taking into account in particular the extent to which it offers design or front-end or back-end, or both, production capacity to undertakings not related to the facility, if there is sufficient demand;
Amendment 531 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
(c) it guarantees not to be subject to the extraterritorial application of public service obligations of third countries in a way that may undermine the undertaking’s ability to comply with the obligations set out in Article 21(1) and commits to inform the Commission when such obligation arises;
Amendment 538 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
(d) it commits to invest in the design, production, packaging, reuse or recycling of next generation of chips.
Amendment 544 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. For the purpose of investing in the design, production, packaging, reuse or recycling of next generation of chips according to paragraph 2, point (d), the Open EU Foundry shall have priority access to the pilot lines set up in accordance with Article 5, point (b). Any such priority access shall be without prejudice to effective access to the pilot lines by other interested undertakings, especially SMEs and start- ups.
Amendment 550 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
Article 12 – paragraph 2 – subparagraph 1 – point b
(b) a business plan evaluating the financial viability of the project, including informa detailed calculation of any funding gap including a description of the methodology that is used for this calculation onand any information on planned public support;
Amendment 555 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point d a (new)
Article 12 – paragraph 2 – subparagraph 1 – point d a (new)
(d a) a detailed environmental and climate impact assessment, especially focusing on water and energy use as well as the use, treatment and disposal of toxic chemicals and heavy metal;
Amendment 556 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point d b (new)
Article 12 – paragraph 2 – subparagraph 1 – point d b (new)
(d b) its cost-effectiveness in achieving the stated targets;
Amendment 557 #
2022/0032(COD)
(d c) the commitment to invest in re- and upskilling of the existing labour force as well investing into the training and education of students from BSc to the PhD level.
Amendment 559 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
The Commission shall request additional information where it considers the information provided by the applicant as incomplete and process the application and adopt its decision in a timely manner and notify the applicant thereof.
Amendment 562 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The Commission shall monitor the activities of the Integrated Production Facilities and the Open EU Foundries only to the extent necessary to evaluate if all the requirements for recognising a facility as Integrated Production facility or Open EU Foundry are fulfilled. Where the Commission finds that a facility no longer fulfils the criteria set out in Articles 10(2) or in Article 11(2) respectively, it shall notify the findings to the European Semiconductor Board. After consulting the European Semiconductor Board and after hearing the facility, the Commission may repeal the decision granting a facility the status of Integrated Production Facility or Open EU Foundry.
Amendment 578 #
2022/0032(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. All financial and regulatory support provisions referred in Article 10 to 14 shall cease to apply at latest on 31st December 2027.
Amendment 581 #
2022/0032(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where such status exists in national law, Integrated Production Facilities and Open EU Foundries shall be allocated the status of the highest national significance possible and be treated as such in permit granting processes, including those relating to environmental assessm. In order to comply to the goals of the twin green and digital transition, no derogation from environmental assessments and requirements shall be granted, while stringent requirements shall be put in place for the use of water and the reduction of biodiversity impact. In determining the location of such facilities, the spatial planning procedures shall apply to the outmost extents and if national law so provides, in spatial planningthe interaction with the regional infrastructure and its environmental and social consequences shall be factored in the decision to allow the construction.
Amendment 584 #
2022/0032(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 588 #
2022/0032(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. For each Integrated Production Facility and Open EU Foundry, the Member State concerned shall nominate an authority responsible for facilitating and coordinating administrative applications related to planning, construction and operation. The authority shall appoint a coordinator who shall serve as the single point of contact for the Integrated Production Facility or Open EU Foundry. The authority may establish a working group where all authorities involved in the administrative applications are represented in order to draw up a permit granting schedule and to monitor and coordinate its implementation. If the setting up of an Integrated Production Facility or an Open EU Foundry requires decisions to be taken in two or more Member States, the respective authorities shall take all necessary steps for efficient and effective cooperation and coordination among themselves. In all cases the goals of the twin green and digital transition must be respected and the polluter pays principle must be effectively and efficiently implemented.
Amendment 590 #
2022/0032(COD)
Proposal for a regulation
Chapter IV – title
Chapter IV – title
IV Monitorapping and Crisis ResponsePrevention
Amendment 591 #
Amendment 592 #
Amendment 624 #
2022/0032(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 625 #
2022/0032(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 637 #
2022/0032(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 655 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. WOnly after having consulted the European Semiconductor Board and having fully taken into consideration its opinion and where an assessment of the Commission provides concrete, serious, and reliable evidence of a semiconductor crisis, the Commission may activate the crisis stage by means of implementingdelegated acts in accordance with Article 33(2). The duration of the activation shall be specified in the implementing act. Where, in view of the scope and gravity of the semiconductor crisis, duly justified imperative grounds of urgency so require, the procedure provided for in Article 33(3) shall apply to implementing acts adopted pursuant to this Articledelegated act.
Amendment 664 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Upon expiry of the duration for which the crisis stage is activated, the measures taken in accordance with Articles 20, 21 and 22 shall cease to apply. The Commission shall review the Union risk assessment pursuant to Article 165a(2f) no later than six months after the expiry of the duration of the crisis stage.
Amendment 668 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Where the crisis stage is activated and where appropriate in order to address the semiconductor crisis in the Union, the Commission shall take the measure provided for in Article 20 under the conditions laid down therein. In additaccording to the impact assessment pursuant to Article 15a(3) and after having consulted the Semiconductor Board, in order to address the semiconductor crisis in the Union, the Commission may take the measures provided for in Article 21 or Article 22, or both, under the conditions laid down therein.
Amendment 670 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission may, after consulting the European Semiconductor Boardshall, limit the measures provided for in Articles 21 and 22 to certain critical sectors the operation of which is disturbed or under threat of disturbance on account of the semiconductor crisis.
Amendment 674 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 3 – point a
Article 19 – paragraph 3 – point a
(a) assess the impact of the possible imposition of protective measures, including in particular whether the market situation corresponds to a significant shortage of an essential product pursuant to Regulation 2015/479 and provide an opinion to the Commission, taking into account the findings of the impact assessment pursuant to Article 15a(3);
Amendment 676 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 3 – point b
Article 19 – paragraph 3 – point b
(b) assess and advise on further appropriate and effective emergency measures, taking into account the findings of the impact assessment pursuant to Article 15a(3).
Amendment 678 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The use of the measures referred to in paragraph 1 shall be proportionate and restricted to what is necessary for addressing serious disruptions of vital societal functions or economic activities in the Union, taking fully into account the findings of the impact assessment pursuant to Article 15a(3); and must be in the best long term interest of the Union. The use of these measures shall avoid placing disproportionate administrative burden on SME, especially on SMEs and start-ups.
Amendment 681 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Commission may, after consulting the European Semiconductor Board, issue guidance on the implementation and the use of the emergency measures, taking fully into account the findings of the impact assessment pursuant to Article 15a(3).
Amendment 683 #
2022/0032(COD)
Proposal for a regulation
Article 20
Article 20
Amendment 700 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where necessary and proportionate to ensure the operation of all or certain critical sectors, the Commission after having consulted the European Semiconductor Board may oblige Integrated Production Facilities and Open EU Foundries to accept and prioritise an order of crisis-relevant products (‘priority rated order’) only if this can be justified based on the findings of the impact assessment pursuant to to Article 15a(3). The obligation shall take precedence over any performance obligation under private or public law.
Amendment 705 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The obligation under paragraph 1 can also be imposed by the Commission after having consulted the European Semiconductor Board to other semiconductor undertakings which have accepted such possibility in the context of receiving public supportEuropean or Member State public support, only if this can be considered justified based on the findings of the impact assessment pursuant to Article 15a(3).
Amendment 707 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. When a semiconductor undertaking established in the Union is subject to a third country priority rated order measure, it shall inform the Commission. Should that obligation significantly impact the operation of certain critical sectors, the Commission after having consulted the European Semiconductor Board may oblige that undertaking to accept and prioritise orders of crisis relevant products in line with paragraph 4, 5 and 6, only if this can be considered justified based on the findings of the impact assessment pursuant to Article 15a(3).
Amendment 712 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The obligations under paragraph 1, 2 and 3 shall be enacted by the Commission via decision. The decision shall be taken in accordance with all applicable Union legal obligations, having regard to the circumstances of the case, including the principles of necessity and proportionality and especially the findings of the impact assessment pursuant to Article 15a(3) . The decision shall in particular have regard for the legitimate aims of the undertaking concerned and the cost and effort required for any change in production sequence. In its decision, the Commission shall state the legal basis of the priority rated order, fix the time-limit within which the order is to be performed, and, where applicable, specify the product and quantity, and, where applicable, state the penalties provided for in Article 28 for non- compliance with the obligation. The priority rated order shall be placed at fair and reasonable prica reasonable price, that accounts for the cost and efforts required for any change in the production sequence as well as the cost associated with cancellation or delaying of existing orders, based on the market conditions at that time.
Amendment 717 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4 a. The Commission shall ensure that these extra costs can be covered from the budget allocations before the priority rated order is placed.
Amendment 721 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 5 – point a
Article 21 – paragraph 5 – point a
(a) if the undertaking is unable to perform the priority rated order on account of technical grounds including the time needed to change the production sequence, insufficient production capability or production capacity, even under preferential treatment of the order;
Amendment 725 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 6 a (new)
Article 21 – paragraph 6 a (new)
6 a. The Commission shall make financial and legal provisions for the case that an undertaking is sued for breach of contract outside the jurisdiction of the Member States as a result of the priority rated order.
Amendment 728 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission shall, in consultation with the European Semiconductor Board, assess the utility, necessity and proportionality of the request, especially based on the findings of the impact assessment pursuant to Article 15a(3). Where the Commission intends not to follow the request, it shall inform the Member States concerned and the European Semiconductor Board and give reasons for its refusal.
Amendment 745 #
2022/0032(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point d
Article 23 – paragraph 2 – point d
(d) providing advice in addressing monitoring and crisis response issues;
Amendment 758 #
2022/0032(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The European Semiconductor Board shall be composed of representatives of the Member States and the European Parliament and shall be chaired by a representative of the Commission.
Amendment 764 #
2022/0032(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Commission may establish standing or temporary sub-groups for the purpose of examining specific questions. Where appropriate, the Commission may invite organisations representing the interests of the semiconductor industry, including the Industrial Alliance on Processors and Semiconductor Technologies and users of semiconductors at Union level, to provide input to such sub-groups in the capacity of observers. A sub-group including Union Research and Technology Organisations shall be established for the purpose of examining specific aspects on strategic technology directions and reporting on this to the European Semiconductor Board.
Amendment 772 #
2022/0032(COD)
Proposal for a regulation
Article 25 – paragraph 5 a (new)
Article 25 – paragraph 5 a (new)
5 a. After a public consultation, the Commission shall work together with the European Semiconductor board and relevant stakeholders to develop a framework and transparent methodology for a long-term strategic mapping of the semiconductor value chain. Those framework and methodology shall be approved by the members of the European Semiconductor board.
Amendment 787 #
2022/0032(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 795 #
2022/0032(COD)
Proposal for a regulation
Article 29
Article 29
Amendment 796 #
2022/0032(COD)
Proposal for a regulation
Article 30
Article 30
Amendment 797 #
2022/0032(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 804 #
2022/0032(COD)
Proposal for a regulation
Annex II
Annex II
Amendment 20 #
2022/0009(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) In order to help Union funding for security research to develop its full potential and address the needs of drugs policy, the Agency should assist the Commission in identifying key research themes, and in drawing up and implementing the Union framework programmes for research and innovation that are relevant to the Agency’s objectives. Where the Agency assists the Commission in identifying key research themes, and in drawing up and implementing a Union framework programme, it should not receive funding from that programme in order to avoid a potentialand take all necessary measures to avoid conflicts of interest. Finally, the Agency should participate in Union-wide initiatives addressing research and innovation to ensure that technologies necessary for its activities are developed and available for use. Planned research and innovation activities should be set out in the single programming document containing the Agency's multiannual and annual work programme.
Amendment 21 #
2022/0009(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The Management Board should be assisted by an Executive Board to prepare its decisions. The Agency should be headed by an Executive DirectorAgency should be organised as follows: A Management Board, composed of representatives from the Member States and the Commission and an expert appointed by the European Parliament, should be responsible for overseeing the work of the Agency. It should be assisted by an Executive Board to prepare its decisions. The Member States, the Commission and the European Parliament should ensure gender balance in their appointments and particularly regarding the composition of the Management Board as a body. It should be possible for the Executive Board to take specific decisions in clearly defined cases. The Agency should be headed by an Executive Director, who should be responsible for the day-to-day management of the Agency. A Scientific Committee should continue assisting the Management Board and the Executive Director with regard to relevant scientific matters.
Amendment 22 #
2022/0009(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27 a) The Executive Director should be appointed by the Management Board based on a shortlist drawn up and published by the Commission and having obtained the consent of the European Parliament. In drawing up the shortlist, the Commission should ensure gender balance. The Executive Director should present the annual report of the Agency to the European Parliament and to the Council. Furthermore, the European Parliament and the Council should be able to invite the Executive Director to report on the performance of his or her duties.
Amendment 23 #
2022/0009(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27 a) In order to ensure the independent functioning and integrity of the Agency, the Management Board should adopt practical arrangements for the prevention and management of conflicts of interest, giving due consideration to the recommendations of the European Ombudsman. Those arrangements should ensure in particular that senior representatives of the Agency do not undermine its integrity during or after their term of office.
Amendment 24 #
2022/0009(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The Agency should be properlyvided with the necessary human and financial resourceds to carry out its tasks andfulfil the objectives, tasks and responsibilities assigned to it under this regulation. It should be granted an autonomous budget. It should be mainly financed by a contribution from the general budget of the Union, with the necessary appropriations drawn exclusively from unallocated margins under the relevant heading of the multiannual financial framework and/or through the mobilisation of the relevant special instruments. The Union budgetary procedure should be applicable as far as the Union contribution and any other subsidies chargeable to the general budget of the Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors of the European Union.
Amendment 26 #
2022/0009(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The Agency shall assist the Commission and the Member States in identifying key research themes, and in drawing up and implementing the Union framework programmes for research and innovation activities that are relevant to achieve its general and specific tasks set out in Articles 4 and 5. Where the Agency assists the Commission in identifying key research themes, drawing up and implementing a Union framework programme, the Agency shall not receive funding from that programme. The Agency shall take all necessary measures to avoid conflicts of interest.
Amendment 27 #
2022/0009(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The Agency shall proactively monitor and contribute to research and innovation activities to achieve its general and specific tasks set out in Articles 4 and 5, support related activities of Member States, and implement its research and innovation activities regarding matters covered by this Regulation, including the development, training, testing and validation of algorithms for the development of tools. The Agency shall disseminate the results of that research to the European Parliament, to the Member States and to the Commission in accordance with Article 49.
Amendment 28 #
2022/0009(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point n
Article 24 – paragraph 1 – point n
(n) adopt its rules of procedure, including practical arrangements for the prevention and management of conflicts of interest;
Amendment 29 #
2022/0009(COD)
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Amendment 30 #
2022/0009(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Scientific Committee shall consist of at most fifteen scientists appointed by the Management Board in view of their scientific excellence and their independence and ensuring gender balance, following the publication of a call for expression of interest in the Official Journal of the European Union and after having consulted the competent committee of the European Parliament. The selection procedure shall ensure that the specialist fields of the members of the Scientific Committee cover the most relevant fields linked to the objectives of the Agency.
Amendment 31 #
2022/0009(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Scientific Committee shall consist of at most fifteen scientists appointed by the Management Board in view of their scientific excellence and their independence, following the publication of a call for expression of interest in the Official Journal of the European Union. The selection procedure shall ensure that the specialist fields of the members of the Scientific Committee cover the most relevant fields linked to the objectives of the Agency and shall pay due attention to gender balance.
Amendment 32 #
2022/0009(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1
Article 35 – paragraph 1 – subparagraph 1
By 15 December of each year, the Management Board shall adopt a draft single programming document containing multi-annual and annual programming as well as all the documents listed in Article 32 of Commission Delegated Regulation (EU) 2019/71565 , based on a draft put forward by the Executive Director, after consulting the Scientific Committee, taking into account the opinion of the Commission, and in relation to multiannual programming after consulting the European Parliament. It shall forward if the Management Board decides not to take into account elements of the opinion of the Commission or of the Scientific Committee, it shall provide a thorough justification. The obligation to provide a thorough justification shall also apply to the elements raised by the European Parliament when it is consulted. The Management Board shall forward the single programming document to the European Parliament, the Council and the Commission by 31 January of the following year. _________________ 65 Commission Delegated Regulation (EU) 2019/715 of 18 December 2018 on the framework financial regulation for the bodies set up under the TFEU and Euratom Treaty and referred to in Article 70 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council, (OJ L 122, 10.5.2019, p. 1).
Amendment 33 #
2022/0009(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 2
Article 35 – paragraph 2 – subparagraph 2
Annual or multi-annual programming shall include the information about the implementation of the international cooperation framework referred to in Article 20 and the actions linked to this strategy. It shall also include the Agency's planned research and innovation activities referred to in Article 21.
Amendment 34 #
2022/0009(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point a a (new)
Article 36 – paragraph 3 – point a a (new)
(a a) The amount and origin of any revenue referred to in points (b) and (d) of the first sub-paragraph of this paragraph shall be included in the annual accounts of the Agency and clearly detailed in the annual report on the Agency's budgetary and financial management referred to in Article 40(2).
Amendment 35 #
2022/0009(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. The Executive Director shall be appointed by the Management Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure. The Commission shall pay due attention to gender balance when drawing up the list of candidates.
Amendment 36 #
2022/0009(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. The Executive Director shall be appointed by the Management Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure. The Commission shall ensure gender balance when drawing up the list of candidates.
Amendment 1 #
2021/2255(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the New European Bauhaus (NEB) can help deliver the European Green Deal, achieving climate neutrality by 2050 at the latest, promoting just green and digital transition of the European economy, as well as fighting the biodiversity crisis through the intersection of art and culture; emphasises the importance of ensuring coherence with legislative and programming instruments and a level of ambition that is in line with EU’s climate commitments, by adding a strong cultural and creative dimension;
Amendment 4 #
2021/2255(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls that buildings are responsible for 40% of the EU’s energy demand, are the single largest energy consumer in Europe and account for 36% of the EU’s CO2 emissions; stresses that, in line with the European Green Deal, the NEB should focus on preparing our current building stock and infrastructure for a more sustainable and climate- friendly future; emphasises that conservation and preservation of monuments and culturally relevant historic buildings should be taken into account;
Amendment 5 #
2021/2255(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the New European Bauhaus initiative, which bridges the worlds of science and technology, art and culture to efficiently address societal issues and build sustainable and inclusive living spaces, but notes with concern that a coherent and strategic approach for the financing of the initiative is still lacking; Notes that while funding in the EU budget for the NEB pilot phase in 2021-22 totals some EUR 85 million, the scale and provenance of financing from 2023 onwards remains unclear; regrets the fact that, contrary to Parliament’s long-standing position, fresh resources have not been committed for what is a new initiative; considers also that the mere re- deployment of existing funds may not be sufficient to achieve the objectives of this initiative and emphasises the need for new funds;
Amendment 9 #
2021/2255(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that the NEB is funded from several programmes under the multiannual financial framework (MFF), in particular Horizon Europe and the European Regional Development Fund, with other programmes, such as Creative Europe and Erasmus+, playing an important supporting role; stresses that the NEB must not erode funding for core programme objectives nor divert focus from agreed political prioritiesinsists that the implementation of the NEB must not be at the expense of the budgetary resources and core activities of the Erasmus+, Creative Europe and the European Solidarity Corps programmes and must not erode funding for core programme objectives nor divert focus from agreed political priorities and projects, also connected to the sectors heavily hit by the COVID-19 pandemic; stresses that coherence with recovery measures needs to be ensured;
Amendment 16 #
2021/2255(INI)
5. Emphasises that the preparatory action on the ‘New European Bauhaus Knowledge Management Platform’ in the 2022 budget can help streamline guidance and share information on funding opportunities for prospective applicants and can be further expanded from 2023; stresses the need to ensure that circularity and sustainable criteria for building materials are at the heart of the selection for pilot projects;
Amendment 2 #
2021/2063(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to the Intergovernmental Panel onClimate 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,
Amendment 3 #
2021/2063(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
Amendment 18 #
2021/2063(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
— having regard to the European Parliament resolution of 14 March 2019 on gender balance in EU economic and monetary affairs nominations (2019/2614(RSP)),
Amendment 51 #
2021/2063(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas climate change, the loss of biodiversity and the transition towards a carbon neutral economy affects price stability through their impact on macroeconomic indicators, financial stability and the transmission of monetary policy, while increasing the exposure of the ECB portfolio to climate-related financial risks; whereas monetary policy operations on the other hand further exacerbate the risks of climate change by supporting greenhouse gas intensive assets that are not aligned with the Paris Agreement;
Amendment 57 #
2021/2063(INI)
E b. whereas, according to Executive Board Member Isabel Schnabel1a, the ECB corporate sector purchase programme (CSPP) currently exhibits an inherent bias towards large firms in carbon-intensive industries as a direct consequence of the application of the existing eligibility criteria and market neutrality principle; _________________ 1a https://www.ecb.europa.eu/press/key/date/ 2021/html/ecb.sp210614~162bd7c253.en. html
Amendment 61 #
2021/2063(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Amendment 64 #
2021/2063(INI)
Motion for a resolution
Recital E d (new)
Recital E d (new)
E d. whereas out of 25 members of ECB Governing Council, there are only two women; whereas women continue to be underrepresented across the ECB organisation hierarchy;
Amendment 65 #
2021/2063(INI)
Motion for a resolution
Recital E e (new)
Recital E e (new)
E e. whereas housing costs represent almost a quarter of EU-27 household expenditure; whereas more than two thirds of the EU population own their home; whereas house prices have been subject to a steep increase by over 30% in the past decade1a and rents have gone up by almost 15% in the EU, in a context of rising unemployment across the Eurozone; _________________ 1ahttps://ec.europa.eu/eurostat/statistics- explained/index.php?title=Housing_price _statistics_-_house_price_index
Amendment 68 #
2021/2063(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that the statutory independence of the ECB is a prerequisite for it to fulfil its mandate; emphasises that accountability is the necessary counterpart to that independence;
Amendment 78 #
2021/2063(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the ECB Monetary Policy Strategy Review adopted unanimously and announced on 8 July 2021, which sets out how to achieve the primary objective of maintaining price stability and contribute to the achievement of the Union’s objectives without prejudice to the objective of price stability; notes that this is the first strategy review in 18 years;
Amendment 89 #
2021/2063(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is deeply concerned about the unprecedented healthcare, social and economic crisis caused by the COVID-19 pandemic, resulting in a sharp contraction of the euro area economy, a sharp increase in economic and social inequalities, and rapidly deteriorating labour market conditions; notes that euro area economic activity is expected to rebound, although the speed, scale and evenness of the rebound remains highly uncertain;
Amendment 96 #
2021/2063(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that sustainable growth, resilience and price stability cannot be achieved by monetary policy alone and that supportive and discretionary fiscal policy and socially balanced and productivity- enhancing reforms and investments are also necessary; acknowledgesupports President Lagarde’s call for full alignment of fiscal and monetary policies in tackling the COVID-19 crisis;
Amendment 97 #
2021/2063(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Points out that climate change and the loss of biodiversity will endanger the ECB’s fulfilment of its mandate, since climate change poses a direct threat to price stability; stresses that to reach climate neutrality by 2050 at the latest, as outlined in the EU climate law, all relevant actors must contribute to that objective and operate in a way that is consistent with it;
Amendment 112 #
2021/2063(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the importance of a central fiscal capacity capable of providing a counter-cyclical stabilisation function and timely and adequate support in the event of economic shocks as well as financing of the green transition; emphasises that a permanent central EU common fiscal capacity would act as the ECB’s central fiscal counterpart;
Amendment 131 #
2021/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the ECB’s substantially eased monetary policy stance in response to the COVID-19 crisis, which includes the introduction of the pandemic emergency purchase programme (PEPP), the relaxation of the eligibility and collateral criteria and the offer of newre-calibrated longer-term refinancing operations; welcomes, moreover, the ECB’s decision to maintain instruments, such as negative interest rates, forward guidance, asset purchases and longer-term refinancing operations, as an integral part of its toolkit;
Amendment 139 #
2021/2063(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. WelcomAcknowledges the ECB’s decision to continue to conduct net asset purchases at a significantly highmoderately lower pace under the PEPP until at least the end of March 2022;
Amendment 178 #
2021/2063(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. NotWelcomes the ECB’s decision on a new symmetric inflation target of 2 % over the medium term and its commitment to maintain a persistently accommodative monetary policy stance in order to meet its inflation target; notes with concern that inflation rose to a decade-high 3 % in August 2021; calls on the ECB to evaluate and address this upward trend and its consequences more attentively;
Amendment 183 #
2021/2063(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. NotWelcomes the ECB’s decision to develop a roadmap to include the costs related to owner-occupied housing in the HICP, but stresses the need to accelerate this process, in order to better represent the inflation rate that is relevant for households; and design better informed monetary policy operations; takes the view that methodologies aimed at isolating the investment component from the consumption component should ensure that the actual impact of the significant increase of housing price on consumer expenses is adequately captured;
Amendment 203 #
2021/2063(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that, as an EU institution, the ECB is bound by the Paris AgreementEU commitments under the Paris Agreement and the objective to achieve climate neutrality in the EU by 2050 at the latest, and that this should be reflected in all of its policies, decisions and operations;
Amendment 216 #
2021/2063(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Agrees with the ECB that tackling the climate emergency touches not only upon its secondary but also upon its primary mandate, given that climate change and its consequences pose a serious threat to price stability; emphasises that tackling the climate and biodiversity emergency requires an integrated approach in order to achieve a just transition;
Amendment 223 #
2021/2063(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the ECB’s new action plan and its detailed roadmap of climate change-related actions to further incorporate climate change considerations into its policy framework and models; emphasises that this is an important step, but stresses that more ambitious and timely action is required to tackle climate change and the loss of biodiversity and put climate action at the core of its strategy, moving away from the market neutrality principle;
Amendment 234 #
2021/2063(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that the market neutrality principle falls short of the commitments under the Paris Agreement and the EU’s objective of achieving climate neutrality by 2050 at the latest; notes that the ECB has already deviated from market neutrality in several instances; calls on the ECB to adopt a benchmark that fully accounts for market failures and the need to align with EU environmental objectives;
Amendment 242 #
2021/2063(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls on ECB to move beyond a purely risk-based approach and to apply the “double materiality” by taking urgent steps to decarbonise the collateral framework governing its monetary policy operations, its long-term refinancing operations, and corporate bond purchase programs, noting that concrete and feasible proposals to do so already exist1a; _________________ 1aDafermos et al. (2020), Dafermos et al (2021)
Amendment 244 #
2021/2063(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Notes with concern that the ECB refinancing operations, especially the targeted Longer-Term Refinancing Operations (TLTRO), provide banks with cheap funding, irrespective of whether their lending contributes to or harms the EU’s climate and environmental objectives; highlights that such operations have been indirectly supporting carbon lock-in and unsustainable lending practices; urges the ECB to implement Green TLTROs by making the provision of liquidity at favourable financing conditions to banks conditional on their volume of lending to sustainable activities that comply with the EU’s Green Taxonomy, in order to counterbalance the existing carbon-intensive bias of bank lending and accelerate the green transition;
Amendment 254 #
2021/2063(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the ECB to stop purchases related to fossil fuels in order to accelerate the decarbonisation of the ECB’s portfolio and reduce exposure to companies that undermine the Paris climate agreement; stresses the need for a EU Taxonomy for environmentally harmful activities to be developed by the Commission; at the same time calls on the ECB to accelerate the development of indicators on the carbon footprint of portfolios of financial institutions;
Amendment 263 #
2021/2063(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the fact that the ECB is taking steps to incorporate climate-related risks into its collateral framework but warns against delays in its implementation; and recommends the ECB also aligns its collateral framework with the Paris Agreement and EU climate objectives; is concerned about the fact that the ECB continues to over-rely exclusively on private external credit rating agencies (CRAs) for risk assessment;
Amendment 266 #
2021/2063(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Welcomes the ECB’s commitment to challenge the methodologies and disclosures of credit rating agencies and assess how they incorporate climate change risk in credit ratings; calls on the ECB to speed up the introduction of climate risks assessment into the Eurosystem Credit Assessment Framework (ECAF) and create a unified framework for the in-house Credit Assessment System (ICAS) of the national central bank in the Eurosystem, in order to expand internal capacity and to reduce reliance on external ratings;
Amendment 270 #
2021/2063(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Highlights that recent studies1a found evidence for the structural carbon bias in the corporate asset purchase programmes towards GHG-intensive assets, which undermines the EU’s environmental and climate objectives and policies and is a direct consequence of the application of the existing eligibility criteria and contentious market neutrality principle, and put forward strategies and proposals how to address the carbon bias; 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; _________________ 1a https://greenpeace.at/assets/uploads/pdf/G reening-the-Eurosystem-collateral- framework-Report.pdf https://neweconomics.org/2020/10/decarb onising-is-easy
Amendment 273 #
2021/2063(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19 c. Welcomes the fact that the ECB is preparing to align its corporate asset purchases with the Paris Agreement but warns against delays; calls, in this respect, to set a deadline for a restructuring of the ECB’s portfolio of securities held under the CSPP and PEPP in order to reduce its holding of bonds linked with fossil fuel industries and increase its holding of bonds linked with sustainable investments, taking into account the Paris Agreement and ESG objectives; advocates for the urgent adoption of precise and measurable intermediate targets, that are evaluated on a regular basis, in order to comply with the objective of climate neutrality by 2050 at the latest; stresses that ECB policy action in this regard would have a strong signalling effect on the market and incentivises companies to accelerate the green transition;
Amendment 275 #
2021/2063(INI)
Motion for a resolution
Paragraph 19 d (new)
Paragraph 19 d (new)
19 d. Welcomes the ECB’s commitment to introduce disclosure of climate-related risks as an eligibility requirement for collateral and asset purchases; calls further on the ECB to investigate the option to include in the eligibility criteria for asset purchases the adoption of credible decarbonisation plans aligned with the Paris Agreement using science- based emission targets; urges the ECB to publish comprehensive climate-related data on its asset purchases;
Amendment 276 #
2021/2063(INI)
Motion for a resolution
Paragraph 19 e (new)
Paragraph 19 e (new)
19 e. Welcomes the implementation and publication of the first economy-wide climate stress test analysing the impacts on over four million firms worldwide and 1,600 euro area banks under three different climate policy scenarios; welcomes the commitment to introduce regular climate stress-testing building up on the pilot and warns against delay; Calls on the ECB to strengthen its cooperation on climate change with international networks also beyond the NGFS, in particular the Sustainable Banking Network and the UN Principles for Responsible Banking initiative, and to improve the dialogue with the civil society, with the aim to reinforce the EU role as global leader on sustainable finance and climate action;
Amendment 277 #
2021/2063(INI)
Motion for a resolution
Paragraph 19 f (new)
Paragraph 19 f (new)
19 f. Encourages the ECB to follow up on its economy-wide climate stress test by addressing finance-related climate financial risks its supervisory practice, drawing upon the opportunities provided, among others, by the Single Review and Evaluation Process (SREP), and proactively sharing best supervisory practices within the ESCB;
Amendment 279 #
2021/2063(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines the pivotal role of small and medium-sized enterprises (SMEs) as the backbone of the in the EU economy, economic and social convergence and employment; stresses that SMEs have been severely hit by the economic crisis caused by the COVID-19 pandemic, which has led to a serious deterioration in their economic turnover, the challenge to succeed in the green transition and their access to finance; calls on the ECB to step up its efforts on financing and access to credit for SMEs;
Amendment 284 #
2021/2063(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Is concerned about the risks caused by the serious delay in completing the third pillar of the banking union; welcomes the ECB’s long-standing support of the establishment of a fully fledged European Deposit Insurance Scheme (EDIS); stresses that the upcoming review of the Crisis Management and Deposit Insurance framework (CMDI) should include a proposal in this regard and address the existing loopholes in the resolution framework, in order to ensure a consistent and efficient approach for all banks, regardless of their size or business model; considers that the further integration of the banking sector could revitalize the "too big to fail" problem; calls on the ECB to refrain from promoting the further consolidation of the banking sector;
Amendment 293 #
2021/2063(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Shares its concern about rising levels of income and wealth inequalities between households in the European Union; encourages the ECB to continue to monitor the side-effects of its accommodative monetary policy on inequality levels, including on the housing market;
Amendment 298 #
2021/2063(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the ECB’s decision to launch a 24-month investigation phase of a digital euro project; calls on the ECB to effectively address the expectations and concerns raised during the public consultation on a digital euro; points out that a digital euro shall not replace cash, should promote financial inclusion, and must give additional data privacy and legal security for consumers and companies; reiterates its strong concerns about the risks for financial stability, monetary policy and consumer protection posed by private stablecoins with potential for mass adoption, aimed to replace public currencies; invites the ECB to closely align and exchange with the Parliament during the investigation phase;
Amendment 317 #
2021/2063(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the ECB to step up its monitoring of the development of crypto- currencies and the related risks in terms of financial stability, monetary policy and the functioning and safety of market infrastructures and payments; stresses that the development of crypto-assets poses additional concerns in terms of cybersecurity and money laundering;
Amendment 332 #
2021/2063(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses the need to further enhance the accountability and transparency arrangements of the ECB; recognises the steps taken by the ECB; repeats its call to launch negotiations on a formal interinstitutional agreement; notes in this context the existing staff rules of the ECB for potential conflicts of interests of staff and encourages the broad application of staff rules; recognises the steps taken by the ECB; repeats its call to launch negotiations on a formal interinstitutional agreement as it was already agreed for the banking supervision in order to strengthen accountability practices and the cooperation and exchange of information with the European Parliament, while increasing its democratic legitimacy of the ECB, without prejudice to its independence; calls on the ECB to increase transparency towards the European Parliament and civil society by publishing detailed minutes and reports in all EU languages and the ‘ECB Listens’ initiative;
Amendment 343 #
2021/2063(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Welcomes the enhancement of the ECB’s new internal whistleblowing framework; calls on the ECB to ensure its integrity and efficiency;
Amendment 349 #
2021/2063(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Reiterates that the nominations of the Executive Board members should be prepared carefully and take a gender- balanced approach, with full transparency and together with Parliament, in line with the Treaties and Resolution2019/2614(RSP), which requires short-lists that respect the principle of gender balance;
Amendment 354 #
2021/2063(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Welcomes the ECB’s new strategy to further improve the gender balance of its staff at all levels; notes the increasing share of women in managerial positions, which, however, remains low; points out the huge gender gap in the Governing Council, where only 2 out of 25 seats are held by women; regrets that the gender imbalance also persists across the organisational structure of the ECB, notably in the share of women in senior management positions; encourages the ECB to steadily progress to its targets as defined in the 2020 gender balance strategy, and to reinforce its efforts to achieve a substantial change across the organisational hierarchy;
Amendment 1 #
2021/2061(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to the Paris Agreement of the United Nations Framework Convention on Climate Change and the Sustainable Development Goals,
Amendment 27 #
2021/2061(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas growth is not an objective in itself as meeting the goals of the Green Deal and Paris agreement requires targeted fiscal efforts;
Amendment 28 #
2021/2061(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas environmental and social sustainability are interconnected with risks on long term fiscal sustainability and there is growing importance of monitoring sustainability related fiscal risks;
Amendment 32 #
2021/2061(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas post-pandemic economic recovery requires the fast implementation of the EU recovery plan, which must focus on (i) the just green transition, (ii) the digital transformation, (iii) economic cohesion, productivity and competitiveness, (iv) social and territorial cohesion, (v) institutional resilience and (vi) policies for the next generation;
Amendment 33 #
2021/2061(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the premature withdrawal of fiscal stimulus and the lack of coordination of fiscal action can exacerbate already existing divergences in the Eurozone and thus undermine its cohesiveness and integrity;
Amendment 34 #
2021/2061(INI)
Motion for a resolution
Recital D
Recital D
Amendment 51 #
2021/2061(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the ratio of debt to GDP was at 98 % in 2020 and 83.9 % in 2019;
Amendment 71 #
2021/2061(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the European economy is recovering from the devastating impact of the global pandemic; remains concerned about low growth potential compared to other regions in the post-pandemic recovery and risks of recession as pandemic impact continues; underlines that economic developments will be largely determined by how successfully vaccination programmes will tame the pandemic and how quickly governments will lift restrictions;
Amendment 81 #
2021/2061(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges that despite the progress with vaccination campaigns, substantial risks to the forecasts remain from an epidemiological and economic perspective, which in turn could delay the transition to a more sustainable, green, inclusive and future- proof economy; is concerned that COVID-19 will remain a public health concern, despite the high share of the population being vaccinated (including refreshed protection when needed, for example due to new variants);
Amendment 86 #
2021/2061(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that the roll-out of the Recovery and Resilience Facility (RRF) will contribute to mitigating the effects of the COVID-19 crisis, fostering European solidarity, and advancing territorial cohesion; stresses that the successful implementation of the RRF will help to make EU economies and societies more sustainable, inclusive, resilient and better prepared for the green and digital transitions; notes that the facility, which is the centrepiece of NextGenerationEU, will provide large- scale financial support to Member States of up to EUR 672.5 billion in grants and loans to finance reforms and investments;
Amendment 98 #
2021/2061(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is pleased that, according to the Commission, economic activity in the EU is expected to pick up in all Member States, with acceleration as of the second half of 2021, as containment measures are gradually relaxed and vaccination progresses, reflecting the growth impulse stemming from the implementation of the national recovery and resilience plans; remains concerned, however, that the speed of the recovery will vary across Member States and regions and that the differences in the pace of the recovery remain substantial;
Amendment 103 #
2021/2061(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that as the recovery takes hold, its focus will have to shift from damage control to strengthening the recovery and resilience of the EU economy and that the implementation of the national Recovery and Resilience Plans under the NextGenerationEU programme should serve this purpose;
Amendment 106 #
2021/2061(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the general escape clause of the Stability and Growth Pact will continue to be applied in 2022 and is expected to be deactivated as of 2023; notes, furthermorestresses, in this regards, the volatility in the evolution of the health, social and economic situations across the EU and the euro area economy; expects, therefore, that the general escape clause will remain activated as long as severe economic and social consequences of the COVID-19 pandemic persist in order to support the efforts of the Member States to sustain the recovery and strengthen economic and social resilience; considers, in particular, that the decision to deactivate the general escape clause should be taken as an overall assessment of the state of the economy based on quantitative criteria, with the level of economic activity in the EU compared to pre-crisis levels as thea key quantitative criterion; points out that country-specific situations will continue to be taken into account after the deactivation of the general escape clause; stresses that a premature application of the current fiscal rules under the Stability and Growth Pact would jeopardise both the post-covid recovery and the required transition to a carbon neutral economy; agrees with the European Fiscal Board (EFB) on the importance of having a reformed fiscal framework, prior to the deactivation of the general escape clause;
Amendment 115 #
2021/2061(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Supports that the current fiscal rules framework is unresponsive to spending quality and presents conceptual and practical weaknesses that lead to overly complex rules, weak enforcement, and effectively pro-cyclical fiscal policies; underlines that gross public investment was cut following the financial and sovereign debt crisis, and in many Member States net public investment is even negative implying that the current fiscal framework leads to too recessive consolidation measures; stresses that the challenge of the green transition requires additional public investment, which cannot be provided under current fiscal rules framework;
Amendment 123 #
2021/2061(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Reiterates its call for the revision of the EU fiscal rules framework; highlights the EFB’s opinion that some clearly delineated sustainable expenditure needs to be excluded from the renewed fiscal rules; supports that under the new fiscal framework, such favourable treatment should apply to expenditure compliant with the EU’s green and forthcoming social Taxonomy;
Amendment 139 #
2021/2061(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is convinced that coordination of national fiscal policies remains crucial in underpinning the recovery; notes that the overall fiscal stance, taking into account national budgets and the RRF, should remain supportive in 2021 and 2022 to ensure that the RRF’s impact is lasting, sustainable, and fairy distributed across societies and regions;
Amendment 160 #
2021/2061(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that Member States with high debt should use the RRF to finance additional investment to support the recovery, while pursuing a prudent fiscal policy; stresses the importance of the Member States using the potential of the RFF to support the necessary structural changes and the transformation to more green, sustainable, globally competitive, future-proof, agile industreconomies ; agrees that the growth of nationally financed current expenditure should be kept under control and be limited for Member States with high debt, allowing fiscal measures to maximise support to the recovery without pre- empting future fiscal trajectories and creating a permanent burden on public finances; calls for the spending financed by RRF loans to benefit from special treatment in the EU fiscal framework, as otherwise borrower countries will have to reduce their non-RRF spending once the currently suspended fiscal rules are re- activated; considers that the growth of nationally financed current expenditure should be countercyclical and targeted towards investments that ensure long- term environmental and social sustainability;
Amendment 176 #
2021/2061(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Welcomes the fact that the Annual Sustainable Growth Strategy 2021 confirms the refocusing of the European Semester (Semester) process to place sustainability, health and the wellbeing of citizens at the centre of economic and social policies;
Amendment 177 #
2021/2061(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Stresses that the alignment of the Semester process with the EU’s long-term climate, environmental and social objectives is crucial and must be accelerated, as per the Commission’s engagements under the Green Deal;
Amendment 178 #
2021/2061(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Calls on the Commission to address the distributional consequences of the transition to a climate neutral economy in the upcoming Annual Sustainable Growth Strategy 2022 and to analyse the distributional fairness of taxation and social policies in relation to the transition in the country reports;
Amendment 181 #
2021/2061(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that environmental sustainability, productivity, fairness and macroeconomic stability remain the guiding principles of the EU’s economic agenda in line with the European Green Deal and the EU target of achieving climate neutrality by 2050 at the latest; stresses, furthermore, that the digital transformation of our societies, businesses and economies is crucial in order to increase Europe’s productivity and competitiveness for a robust recovery, in line with the Digital Decade;
Amendment 204 #
2021/2061(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Urges the Commission to ensure Member States’ Recovery Plans investments and reforms in flagship areas, such as clean technologies and renewables, energy efficiency of buildings are fully in line with the EU’s increased 2030 climate target and the objective of achieving climate neutrality by 2050 at the latest;
Amendment 206 #
2021/2061(INI)
13b. Underlines the need of compliance of national recovery and resilience plans (RRPs) with the requirements of the underlying Regulation, especially with regard to the ‘do no significant harm’ principle; calls, in this respect, on the Commission to apply additional scrutiny on any extension of the green tagging methodology and prevent that fossil fuel and nuclear related investments are classified as climate relevant; further stresses that all investment projects need to comply with existing environmental laws and regulations and the implementation of the RRF cannot lead to any lowering of environmental standards;
Amendment 230 #
2021/2061(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the fact that the updated New European Industrial Strategy, the European Digital Strategy and all the other relevant strategies set out the framework for speeding up Europe’s recovery and transition towards a cleanergreener, sustainable, more digital, and more resilient economic and industrial model, as well as for building a stronger and more resilient single market;
Amendment 234 #
2021/2061(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights that tackling structural challenges is crucial for a long-lasting sustainable recovery and continued growth, and that implementing reforms to address structural vulnerabilities is key not only to improving the ability to withstand and cope with existing challenges but also to accomplishing the twin transitions in a sustainable and fair manner, fair and inclusive manner; points towards the lack of national ownership as one the main weaknesses of the implementation of reforms aimed at addressing structural vulnerabilities; considers instrumental in addressing this ownership gap, grounding reforms on targets and objectives, rather than the precise means to achieve those, which should remain in the discretion of Member States; considers that the Recovery and Resilient Facility offers a great opportunity to improve ownership in the future economic policy coordination;
Amendment 245 #
2021/2061(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls for the MIP recommendations to become more forward-looking and symmetrical with regard to over- and undershooting target values; stresses, in particular, that the current account thresholds should be adjusted so as to apply a symmetric approach between account surpluses and deficits;
Amendment 248 #
2021/2061(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Takes note of the Commission’s latest technical revision of the MIP indicators; supports, however, that the MIP scoreboard would benefit from further modification towards a broader and more balanced scope; suggests, in particular, its streamlining around meaningful indicators, geared towards intra-euro area imbalances rather than performance vis-à-vis the rest of the world; further calls for the introduction of indicators on households’ disposable income, poverty, capital unit costs, as well as indicators to measure progress towards investment in environmental sustainability and innovation, with respective alert thresholds signalling the build-up of imbalances; considers in particular, that inefficiencies in energy and resource usage should be targeted since they may deteriorate significantly the current account balance and competitiveness;
Amendment 255 #
2021/2061(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. WishNotes that the Commission had not presented targeted and tailor made CSRs for 2021, instead of identical CSRs for all Member States, which could have focused on areas not covered by the scope of the RRF;
Amendment 265 #
2021/2061(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Notes that the Semester, since its inception, has been expanded to a more comprehensive framework to include, among others, issues related to the financial sector and taxation, as well as objectives of the Paris agreement, the European Green Deal and the UN SDGs;
Amendment 267 #
2021/2061(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Calls on the Commission to develop a climate indicator to assess the discrepancy between the structure of Member States’ budgets and the Paris- aligned scenario for each of their national budgets; stresses the need for this indicator to provide Member States with information on their trajectory within the framework of the Paris Agreement in order to ensure the achievement of climate-neutrality targets by 2050; expects the climate indicator to be used as a guide for the European Semester and reflected in the CSR;
Amendment 271 #
2021/2061(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Calls on the Commission to establish an inventory of all environmentally harmful subsidies, including in the form of tax rebates, that continue to exist at national level and hamper the achievement of the European Green Deal, and to monitor their phase out as soon as possible in the context of the Semester and the CSR; reiterates its call for the reorientation of taxation systems towards an increased use of environmental taxation;
Amendment 272 #
2021/2061(INI)
Motion for a resolution
Paragraph 19 d (new)
Paragraph 19 d (new)
19d. Reiterates the urgency of increasing and diversifying the EU Own Resources according to the roadmap annexed to the Inter-institutionnal Agreement of 16 December 2020; stresses that the own resources shall be aligned with the Union priorities, especially the fight against climate change, the circular economy, Europe fit for the Digital Age and shall contribute to ensuring fair taxation and to the strengthening of the fight against tax fraud and tax evasion; recalls that the basket of new Own Resources listed in the IIA is non- exhaustive and that the Commission shall take due account of suggestions made by the European Parliament or the Council;
Amendment 282 #
2021/2061(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 14 #
2021/2011(INI)
Motion for a resolution
Recital A
Recital A
A. whereas critical raw materials (CRMs) are the originators of industrial value creation and therefore essentially affect downstream sectors; whereas it is of high importance that the EU takes back control of itsforges a comprehensive CRM strategy based on the highest environmental, social and human rights standards to ensure CRM sufficiency, factoring in their flows, value, and supply chains’ sustainability, and to supports, fosters and digitalises ecosystems since this is the new core capacity in international (industrial) competitionwhile acknowledging that international industrial competitiveness in the long term is underpinned by climate and biodiversity protection and that investing in the European recycling industry lowers the dependency on resources and CRMs imports;
Amendment 23 #
2021/2011(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the growing population and the transition towards digital, highly energy-efficient and climate-neutral economies lead in all scenarios to a significant higand fully circular economies lead to a higher demand for CRMs6; whereas an Öko institute study1a found that green technologies are decisively responsible for the future demand increase of only 6 out of 30 materials on the EU’s CRM list and other sectors – such as defence and airspace, fertilisers, steel and robotics – play a major role in driving ther demand for CRMs6 ; _________________ 1a Green technologies and critical raw materials, https://bit.ly/3zIwnt6 6World Bank, Commission Foresight Study, OECD.
Amendment 32 #
2021/2011(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU currently provides only 1 % of the raw materials for wind energy, less than 1 % of Li-batteries, less than 1 % of fuel cells, only 2 % of the raw materials relevant to robotics and only 1 % of silicon-based photovoltaic assemblies7 ;whereas there is a significant potential to flatten the demand for CRM imports through recycling, substitution and changing behavioural and consumption patterns; _________________ 7 Commission Foresight Study.
Amendment 35 #
2021/2011(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the CRM recycling sector has a significant job creation potential; whereas it is estimated that the traction battery recycling sector alone will create about 10 500 jobs alone by 2035 in the EU;
Amendment 38 #
2021/2011(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas OECD report concludes that secondary non-ferrous metal processing tends to be more labour- intensive than primary;
Amendment 45 #
2021/2011(INI)
Motion for a resolution
Recital D
Recital D
D. whereas it is evident that new sourcing is required and that the potential of sourcing at highest sustainable standards by the EU and its neighbourhood should be fully and quickly exploitedexploited, focusing in particular on the benefits of circular and shared economy;
Amendment 65 #
2021/2011(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that waste collection and product design for recyclability are ‘low hanging fruit’ strategies to increase CRM supply; notes that CRM substitution, while having its limits in product efficiency, is an inherent goal of industry because of high prices and dependencycan also help to address CRM sufficiency challenges;
Amendment 67 #
2021/2011(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 73 #
2021/2011(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Warns that Europe’s transition to climate neutrality should not replace reliance on fossil fuels with reliance on raw materials and should not be used to justify unsustainable and socially unacceptable approaches to CRM sourcing;
Amendment 79 #
2021/2011(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasizes that the extraction of primary raw materials exacerbates biodiversity loss, contamination of air, soil and water and causes conflicts with local communities;
Amendment 81 #
2021/2011(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to take a more objective approach to projecting future demand for CRMs, including a realistic assessment of the degree to which this demand is driven by green technologies vis-à-vis other sectors, as well as to frame these demand projections not only in relative, but also in absolute numbers in order to have the realistic picture of the scale of potential supply problems8a; _________________ 8aFor instance, future demand for battery materials only amounts to a fraction of current iron ore production
Amendment 86 #
2021/2011(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to review the criticality assessment methodology before 2023, ahead of the publication of the next list of CRMs paying utmost attention to environmental and human rights dimensions; and the potential of substitution;
Amendment 97 #
2021/2011(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Asks the Commission to assess the implications of several low-carbogreen technologies competing for the same CRM;
Amendment 101 #
2021/2011(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is concerned that recovery plans do not sufficiently tackle the challenges linked to sustainable CRM supply;
Amendment 105 #
2021/2011(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 119 #
2021/2011(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. WelcomNotes the creation of the European Raw Materials Alliance (ERMA) and its current focus on the most critical CRMs, namely rare earth elements and magnets, since the market conditions are completely distorted and monopolised by China, and on quantitative domestic and non-Chinese sourcing targets to support long-term supply relationships for a huge range of small and large manufacturers in the EU; underlines its role as the world’s largest ‘certification process’ for environmentally assessed and feasible CRM projects; stresses nevertheless, that the engagement by ERMA with civil society and other stakeholders unconfined by business interests has often been inadequate, and calls for greater transparency and involvement of civil society, particularly in the early stages of goal-setting rather than presenting the civil society with fait accompli;
Amendment 128 #
2021/2011(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 136 #
2021/2011(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Asks the Commission to diversify supply chains for both primary and secondary sources and calls for better transparency on information regarding supply chains;
Amendment 150 #
2021/2011(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the need to build secondary CRM markets in order to guarantee constant secondary CRM flows; notes that there is no one-size-fits-all approach; notes that the share of collected recyclable lithium-ion traction batteries is expected to grow markedly by the mid- 2030s, thus creating a significant secondary source of supply;
Amendment 155 #
2021/2011(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that the secondary market should not be competing with the suppliers of primary materials and the viability of the secondary marked can be achieved through introduction of a mandatory recycled content quota in new products;
Amendment 156 #
2021/2011(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls for introduction of very high recycling quotas for specific CRMs; calls for the introduction of material-specific recycling rates instead of recycling quotas based on the total weight of an application; stresses the need to improve the Design for Recyclability in all products containing CRMs in order to facilitate the recyclability of CRM components;
Amendment 167 #
2021/2011(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that industrial CRM recycling processes still need massive investment in the collection and recovery infrastructure, in innovation and scaling of technologies, and in skills, while providing substantial job opportunities; that are projected to vastly increase in the coming decades;
Amendment 172 #
2021/2011(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls for a meaningful EU support and funding for technological development of CRMs efficiency, substitution and recycling processes and closed material cycles;
Amendment 177 #
2021/2011(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that substitution becomes very powercould be helpful where a CRM could be substituted by an abundant material, but has little benefit if the substitute itself is not more sustainable or is critical or might become so because of the substitution; recognises the importance of keeping the quality performance of the products and their economic viability; calls on the Commission to encourage and increase research and innovation on substitutes for CRMs in different applications;
Amendment 183 #
2021/2011(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that while smart product design, the reuse of materials, recycled sources and, substitution and changing behavioural and consumption patterns can significantly reduce primary demand, responsible and sustainable sourcing is needed when supply cannot be metcould be needed;
Amendment 188 #
2021/2011(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Believes that mining should be forbidden in or close to nature conservation areas such as Natura 2000 and Ramsar sites, other state-designated and supranational conservation areas (e.g. UNESCO world heritage sites) and that deep seas and the High North should be strictly protected as no-go areas for extractive industries;
Amendment 194 #
2021/2011(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights that sourcing in the EU ishould be subject to the highest environmental and social standards worldwide, provides thousands of highly qualified jobs and is an indispensable prerequisite of th; stresses, however, that green alternatives to mining should be greiven and digital transition; priority and calls therefore on all actors to help build public acceptance for responsible CRM sourcing projects in the EUsustainable solutions to the CRM supply challenges highlights the necessity to ensure that sourcing in the EU is subject to a democratic decision-making process and prior consultation with affected communities;
Amendment 202 #
2021/2011(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. WelcomNotes the Commission’s plan to deploy Earth-observation programmes and remote sensing for resource exploration, operations and post-closure environmental management;
Amendment 209 #
2021/2011(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines the importance of maintaining and further developing expertise and skills in mining and processing technologies in the EUestablishing, developing and funding of research centres for identifying and advancing alternatives to mining in the EU and for building up relevant expertise and skills;
Amendment 211 #
2021/2011(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls for accurate in depth assessment of alternatives before EU subsidising to CRM mining and the potential for various industry sectors including job potential;
Amendment 214 #
2021/2011(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Member States to improve the timeliness, predictability and transparency of the authorisation processes for sourcing projects; stresses the need to improve public access to Environment and Social Impact Assessments, to provide comprehensive information about mining companies, including beneficial ownership and solvency, and to release all project-relevant data for the public;
Amendment 230 #
2021/2011(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission to systematically and strategically build new CRM partnerships and make this endeavour a horizontal task of its external and internal policies and to present the results in 2021; stresses that before embarking on new partnerships, partnerships for sustainable alternatives should be built, and urges the Commission to identify such partnerships and to present the results in 2021;
Amendment 235 #
2021/2011(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes the EU’s commitment to responsible and sustainable sourcing based on IMRA standards, including human rights and due diligence, fair labour, community health and safety, waste and water management, air quality and greenhouse gas emissions; stresses the need to underpin this commitment with concrete technical support, institution building and political dialogue with partner countries; stresses the need to mobilise more state and private actors to also subscribe to and implement sustainability standards;
Amendment 239 #
2021/2011(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 243 #
2021/2011(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 2 #
2021/0359(BUD)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the urgent need to release financial assistance through the European Union Solidarity Fund to ensure that support can reach the affected regions in good time; highlights that, due to climate change, the number and severity of natural disasters will increase over time and will become costlier; stresses that climate change requires primarily a preventive policy in line with the Paris Agreement and the European Green Deal;
Amendment 42 #
2021/0296(COD)
Proposal for a directive
Recital 13
Recital 13
(13) It is necessary to ensure the suitability and effectiveness of the recovery and resolution framework while avoiding unnecessary administrative burdens and costs on undertakings and authorities. The implementation of such recovery and resolution framework should therefore be proportionate to the nature, scale and complexity of the undertaking concerned, and of its activities and services. Regarding the scope of the recovery and resolution planning requirements, authorities should determine, on the basis of a harmonised set of risk-based criteria, which undertakings are subject to the planning requirements. To foster trust in the insurance and reinsurance single market and to foster a level playing field, a minimum degree of preparedness should be achieved through laying down a minimum market coverage level. That minimum market coverage level should however take into account the differences between recovery on the one hand and resolution on the other, and the existence or absence of a public interest for taking resolution actionfully-fledged planning requirements.
Amendment 65 #
2021/0296(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Member States may adopt or maintain rules that are stricter or additional to those laid down in this Directive and in the delegated and implementing acts adopted on the basis of this Directive, provided that those rule are of general application and do not conflict with this Directive and with the delegated and implementing acts adopted on its basis. When doing so, Member States shall inform EIOPA.
Amendment 73 #
2021/0296(COD)
Proposal for a directive
Article 2 – paragraph 2 – point 14
Article 2 – paragraph 2 – point 14
(14) ‘extraordinary public financial support’ means State aid within the meaning of Article 107(1) TFEU, or any other public financial support at supra- national level, which, if provided for at national level, would constitute State aid that is provided to preserve or restore the viability, liquidity or solvency of an insurance or reinsurance undertaking or entity referred to in Article 1(1), points (b) to (e), or of a group of which such an undertaking or entity forms part; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 81 #
2021/0296(COD)
Proposal for a directive
Article 2 – paragraph 2 – point 80 a (new)
Article 2 – paragraph 2 – point 80 a (new)
(80 a) “low risk profile group” means a low risk profile group as defined in Article 213a, paragraph 1 of Directive 2009/138/EC;
Amendment 90 #
2021/0296(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Taking into account the impact that the failure of the insurance or reinsurance undertaking could have, due to the nature of its business, its shareholding structure, its legal form, its risk profile, size and legal status, its interconnectedness to other regulated undertakings or to the financial system in general, the scope and the complexity of its activities, and whether its failure and subsequent winding up under normal insolvency proceedings would be likely to have a significant negative effect on financial markets, on other undertakings, on policy holders, on funding conditions, or on the wider economy, supervisory and resolution authorities shall determine whether simplified obligations can apply for certain low risk profile insurance and reinsurance undertakings and low risk profile groups with respect to:
Amendment 96 #
2021/0296(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Amendment 100 #
2021/0296(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 107 #
2021/0296(COD)
Proposal for a directive
Article 5 – paragraph 7 – point d a (new)
Article 5 – paragraph 7 – point d a (new)
(d a) a summary of the material changes to the undertaking since the most recently filed recovery plan;
Amendment 108 #
2021/0296(COD)
Proposal for a directive
Article 5 – paragraph 7 – point e a (new)
Article 5 – paragraph 7 – point e a (new)
(e a) a detailed description of how recovery planning is integrated into the corporate governance structure of the undertaking as well as the policies and procedures governing the approval of the recovery plan and identification of the persons in the organisation responsible for preparing and implementing the plan;
Amendment 109 #
2021/0296(COD)
Proposal for a directive
Article 5 – paragraph 7 – point f a (new)
Article 5 – paragraph 7 – point f a (new)
(f a) in case the undertaking had breached the Solvency Capital Requirement and adopted a recovery plan in accordance with Article 138 of Directive 2009/138/EC over the last 10 years, the plan as well as an assessment of the measures adopted to restore its compliance with the Solvency Capital Requirement.
Amendment 110 #
2021/0296(COD)
Proposal for a directive
Article 5 – paragraph 9 – subparagraph 1
Article 5 – paragraph 9 – subparagraph 1
9. Member States shall require that insurance and reinsurance undertakings ensure that their pre-emptive recovery plans contain a framework of qualitative and quantitative indicators that identify the points at which remedial actions should be considered. Those indicators mayshall, as a minimum, include criteria relating to, inter alia, capitacapital, liabilities subject to the write- down and conversion tool, liquidity, asset quality, profitability, market conditions, macro-economic conditions and operational events. Indicators relating to the capital position shall as a minimum contain any breach of the Solvency Capital Requirement laid down in Title I, Chapter VI, Section 4, of Directive 2009/138/EC and the level of liabilities of the undertaking subject to the write-down and conversion tool under Article 34 and their place in the creditor hierarchy.
Amendment 112 #
2021/0296(COD)
Proposal for a directive
Article 5 – paragraph 11
Article 5 – paragraph 11
Amendment 113 #
2021/0296(COD)
Proposal for a directive
Article 5 – paragraph 12 – subparagraph 1
Article 5 – paragraph 12 – subparagraph 1
12. EIOPA shall develop draft regulatory technical standards further specifying, without prejudice to Article 4, the information that an insurance or reinsurance undertaking as referred to in paragraph 1 is to include in the pre-emptive recovery plan, including the remedial actions referred to in paragraph 7, first subparagraph, point (e) and their implementation, the minimum list of qualitative and quantitative indicators referred to in paragraph 7, first subparagraph, point (c), of this Article, in cooperation with the European Systemic Risk Board (ESRB), the range of scenarios referred to in paragraph 8 of this Article, as well as specifying what constitutes a significant deterioration of the financial situation referred to in paragraph 1 and for the changes to the legal or organisational structure of the undertaking its business or its financial situation referred to in paragraph 5.
Amendment 114 #
2021/0296(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) whether the implementation of the arrangements proposed in the plan is reasonably likely to maintain or restore within a specified timeframe the viability and financial position of the insurance or reinsurance undertaking or of the group;
Amendment 115 #
2021/0296(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) whether the plan and specific options within the plan are reasonably likely to be implemented quicklywithin a specified timeframe and effectively in situations of financial stress;
Amendment 116 #
2021/0296(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where an insurance or reinsurance undertaking carries out significant cross- border activities, the home supervisory authority shall, upon the request of a host supervisory authority, provide the pre- emptive recovery plan to that host supervisory authority. The host supervisory authority may examine the pre-emptive recovery plan to identify any actions in the pre-emptive recovery plan which may adversely impact policy holders, the real economy or the financial stability in its Member State and make recommendations to the home supervisory authority with regard to those matters. Where the home supervisory authority fails to properly take into account the recommendation from the host supervisory authority, the host supervisory authority can refer the matter to EIOPA.
Amendment 117 #
2021/0296(COD)
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
5. Where the insurance or reinsurance undertaking fails to submit a revised pre- emptive recovery plan, or where the supervisory authority comes to the conclusion that the revised pre-emptive recovery plan does not adequately remedy the deficiencies or potential impediments identified in its original assessment, and where it is not possible to adequately remedy the deficiencies or impediments through a direction to make specific changes to the plan, the supervisory authority shall require the undertaking to identify within a reasonable timeframe changes the undertaking can make to its btake a reasoned decision to require the undertaking to take any measures it considers to be appropriate, taking into account the seriousiness in order to address the deficiencies in the pre-emptive recovery plan orof the deficiencies and impediments toand the implementation of that planeffect of the measures on the undertaking’s business.
Amendment 119 #
2021/0296(COD)
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 2
Article 6 – paragraph 5 – subparagraph 2
Amendment 127 #
2021/0296(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
The resolution plan shall in particular identify explicitly whether the undertaking shall be wound up under normal insolvency proceedings on the basis of its idiosyncratic characteristics or whether it shall be subject to the resolution tools established by this Directive.
Amendment 128 #
2021/0296(COD)
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
When drawing up the resolution plan, the resolution authority shall identify any material impediments to resolvability and, where appropriate, outline relevant actions for how those impediments could be addressed.
Amendment 130 #
2021/0296(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 136 #
2021/0296(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where the insurance or reinsurance undertaking concerned carries out significant cross-border activities, home resolution authorities shall, upon the request of a host supervisory or resolution authority, provide the draft resolution plan to that host supervisory or resolution authorityies. The host supervisory or resolution authority may examine the draft resolution plan to identify any actions in the draft resolution plan which may adversely impact policy holders, the real economy or the financial stability in its Member State and make recommendations to the home resolution authority with regard to those matters. Where the home supervisory authority fails to properly take into account the recommendation from the host supervisory authority, the host supervisory authority can refer the matter to EIOPA.
Amendment 140 #
2021/0296(COD)
Proposal for a directive
Article 9 – paragraph 6 – subparagraph 1 – point h a (new)
Article 9 – paragraph 6 – subparagraph 1 – point h a (new)
(h a) a detailed and comprehensive list of capital and liabilities per each ranking category as established according to national insolvency proceedings and where available a detailed list of the holders of these instruments. The list shall be updated within 24 hours of any change to the liability structure and be made available to competent or resolution authorities within 24 hours of a request by such an authority;
Amendment 147 #
2021/0296(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
An insurance or reinsurance undertaking shall be deemed resolvable where it is feasible and credible for that undertaking to be liquidated under normal insolvency proceedings, or for the resolution authority to resolve that undertaking by applying to it the different resolution tools referred to in Article 26(3) and resolution powers referred to in Articles 40 to 52.
Amendment 148 #
2021/0296(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2 a (new)
Article 13 – paragraph 1 – subparagraph 2 a (new)
The assessment of resolvability shall in particular identify whether the undertakings would be wound up under normal insolvency proceedings or whether they would be subject to the resolution tools established by this Directive. The assessment shall in particular, indicate whether given the specific characteristics of the undertaking a resolution action is expected to be necessary in the public interest pursuant to Article 19 whenever the undertaking is failing or likely to fail.
Amendment 150 #
2021/0296(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 a (new)
Article 15 – paragraph 1 – subparagraph 1 a (new)
The inability to fulfil any of the information requirements referred to in paragraph 6 of Article 9 to the satisfaction of the resolution authority shall be considered a substantive impediment to resolvability.
Amendment 151 #
2021/0296(COD)
Proposal for a directive
Article 15 – paragraph 4 – subparagraph 2
Article 15 – paragraph 4 – subparagraph 2
When identifying alternative measures, resolution authorities shall demonstrate how the measures proposed by the insurance or reinsurance undertaking would not be able to remove the impediments to resolvability and how the alternativtake into account the effect of the measures on the business of the insurance or reinsurance undertaking, its stability and its ability to contribute to the economy. The undertaking shall have the right to demonstrate how the measures it proposed are proportionate inwould be able to removinge those impediments. Resolution authorities shall take into account the effect of the measures on the business of the insurance or reinsurance undertaking, its stability and its ability to contribute to the economy to resolvability and how the alternative measures proposed by the authority are unnecessarily burdensome in removing them.
Amendment 152 #
2021/0296(COD)
Proposal for a directive
Article 15 – paragraph 5 – point f a (new)
Article 15 – paragraph 5 – point f a (new)
(f a) restrict or prevent the development of new cross-border activities;
Amendment 154 #
2021/0296(COD)
Proposal for a directive
Article 15 – paragraph 8
Article 15 – paragraph 8
8. EIOPA shall, by [PO – add 182 months after entry into force], issue guidelines in accordance with Article 16 of Regulation (EU) No 1094/2010 to specify the definition of substantive impediments to resolvability and further details on the measures provided for in paragraph 5 and the circumstances in which each measure may be applied.
Amendment 155 #
2021/0296(COD)
Proposal for a directive
Article 15 – paragraph 8 a (new)
Article 15 – paragraph 8 a (new)
Amendment 156 #
2021/0296(COD)
Proposal for a directive
Article 15 – paragraph 8 b (new)
Article 15 – paragraph 8 b (new)
8 b. Resolution authorities shall regularly, and at least annually, inform EIOPA on the progress made as regards to the removal of the impediments to resolvability in their markets.
Amendment 159 #
2021/0296(COD)
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) there is no reasonable prospect that any alternative private sector measures or supervisory action, including preventive and corrective measures, would prevent the failure of the undertaking within a reasonable timeframe that shall not exceed 3 months;
Amendment 162 #
2021/0296(COD)
Proposal for a directive
Article 19 – paragraph 3 – point b
Article 19 – paragraph 3 – point b
(b) the insurance or reinsurance undertaking no longer fulfils the conditions for authorisation or fails seriously in its obligations under the laws and regulations to which it is subject, or there are objective elements to support that the undertaking will, in the near futurext 30 days, seriously fail its obligations in a way that would justify the withdrawal of the authorisation;
Amendment 164 #
2021/0296(COD)
Proposal for a directive
Article 19 – paragraph 3 – point c
Article 19 – paragraph 3 – point c
(c) the insurance or reinsurance undertaking is unable to pay its debts or other liabilities, including payments to policy holders or beneficiaries, as they fall due, or there are objective elements to support a determination that the undertaking will, in the near futurext 30 days, be in such a situation;
Amendment 166 #
2021/0296(COD)
Proposal for a directive
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4 a. EIOPA shall, by [PO – add 12 months after entry into force], issue guidelines in accordance with Article 16 of Regulation (EU) No 1094/2010 to specify the definition of the public interest referred to in paragraph 4 of this Article.
Amendment 174 #
2021/0296(COD)
Proposal for a directive
Article 29 – paragraph 3 – subparagraph 1 a (new)
Article 29 – paragraph 3 – subparagraph 1 a (new)
When adopting the decision referred to in the previous subparagraph, resolution authorities shall provide reasoned justifications and inform EIOPA.
Amendment 175 #
2021/0296(COD)
Proposal for a directive
Article 32 – paragraph 2 – point a
Article 32 – paragraph 2 – point a
(a) it is wholly or partially owned by one or more public authorities which may include the resolution authority or, where applicable, an insurance gu a financing arrantee schemegements referred to in Title VI a (new) and is controlled by the resolution authority;
Amendment 176 #
2021/0296(COD)
Proposal for a directive
Article 33 – paragraph 1 – subparagraph 2
Article 33 – paragraph 1 – subparagraph 2
Notwithstanding the provisions referred to in points (d) and (e) of the first subparagraph and where necessary to meet the resolution objectives referred to in Article 18, a bridge undertaking may be established and authorised without complying with Directive 2009/138/EC for a short period of time at the beginning of its operation. To that end, the resolution authority shall submit a request in that sense to the supervisory authority. Where the supervisory authority decides to grant such an authorisation, it shall indicate the period for which the bridge undertaking is waived from complying with the requirements of Directive 2009/138/EC. This time period shall not exceed 12 months.
Amendment 180 #
2021/0296(COD)
Proposal for a directive
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
When applying the write-down or conversion tool to insurance claims, resolution authorities may also restructure the terms of the related insurance contracts to achieve the resolution objectives referred to in Article 18 more effectively. When doing so, resolution authorities shall take into account the impact on policyholders.
Amendment 183 #
2021/0296(COD)
Proposal for a directive
Article 34 – paragraph 5 – subparagraph 1 – point a a (new)
Article 34 – paragraph 5 – subparagraph 1 – point a a (new)
(a a) covered policies under paragraphs 4, 5 and 6 of Article 82f (new);
Amendment 184 #
2021/0296(COD)
Proposal for a directive
Article 34 – paragraph 5 – subparagraph 1 – point d – point iii a (new)
Article 34 – paragraph 5 – subparagraph 1 – point d – point iii a (new)
(iii a) a financing arrangement referred to in Title VI a (new);
Amendment 185 #
2021/0296(COD)
Proposal for a directive
Article 34 – paragraph 6 – point d a (new)
Article 34 – paragraph 6 – point d a (new)
(d a) the application of the write-down or conversion tools would have a disproportionate impact on some policyholders, that could not be compensated by the financing arrangements established in accordance with Title VI a (new) of this Directive;
Amendment 190 #
2021/0296(COD)
Proposal for a directive
Title VI a (new)
Title VI a (new)
Amendment 192 #
2021/0296(COD)
Proposal for a directive
Title VI b (new)
Title VI b (new)
Amendment 193 #
2021/0296(COD)
Proposal for a directive
Article 91 a (new)
Article 91 a (new)
Amendment 206 #
2021/0295(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The Covid-19 pandemic has caused tremendous socio-economic damage and left the EU economy in need of a sustainable, inclusive and fair recovery. Likewise, the economic and social consequences of the Russian war are still unfolding. This has made the work on the Union’s political priorities even more urgent, in particular ensuring that the economy works for people and attaining the objectives of the European Green Deal. The insurance and reinsurance sector can provide private sources of financing to European businesses and can make the economy more resilient by supplying protection against a wide range of risks. With this dual role, the sector has a great potential to contribute to the achievement of the Union’s priorities.
Amendment 207 #
2021/0295(COD)
Proposal for a directive
Recital 3
Recital 3
(3) As underlined in the Commission’s Communication of 24 September 2020 ‘A Capital Markets Union for people and businesses’18 , incentivising institutional investors, in particular insurers, to make more long-term investments will be instrumental in supporting re-equitisation in the corporate sector and financing the green and digital transition. To facilitate insurers’ contribution to the financing of the economic recovery of the Union, the prudential framework should be adjusted to better take into account the long-term nature of the insurance business. In particular, when calculating the Solvency Capital Requirement under the standard formula, the possibility to use a more favourable standard parameter for equity investments which are held with a long- term perspective should be facilitated, provided that insurance and reinsurance undertakings comply with sound and robust criteria, that preserve policyholder protection and financial stability. Such criteria should aim to ensureshould be strictly conditioned to the long term nature of thate insurance and reinsurance undertakings are able to avoid forced selling of equities intended to be held for the long term, including under stressed market conditioner’s liabilities and to the ability of the insurer to properly manage its risks. __________________ 18 COM/2050/590 final
Amendment 218 #
2021/0295(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The EU sustainable finance frameworkCommission estimates that EUR 260 billion additional investments will be needed in the EU to reach the 2030 energy and climate target. The EU sustainable finance framework, and in particular the insurance sector, will play a key role in meeting the targets of the European Green Deal and environmental regulation should be complemented by a sustainable finance framework which channels finance to investments that reduce exposure to these climate and environmental risks. In its Communication of 6 July 2021 on a Strategy for Financing the Transition to a Sustainable Economy22 , the Commission committed to propose amendments to Directive 2009/138/EC to consistently integrate sustainability risks in risk management of insurers by requiring climate change scenario analysis by insurers. __________________ 22 COM(2021)390
Amendment 220 #
2021/0295(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5 a) According to the International Energy Agency, to reach the carbon neutrality objective by 2050, no new fossil fuel exploration and expansion can take place. This means that fossil fuel exposures represent a higher risk both at micro level, as the value of such assets is set to decrease over time, and at macro level as financing fossil fuel activities jeopardises the objective of maintaining the global rise of temperature below 1.5°C and therefore threatens the financial stability. The higher risks embedded in such exposure should be reflected in the prudential framework, as of now.
Amendment 226 #
2021/0295(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Directive 2009/138/EC should be applied in accordance with the proportionality principle. To facilitate the proportionate and homogeneous application of the Directive to undertakings presenting a lower risk profile than the average undertaking, and to ensure that they are not subject to disproportionately burdensome requirements, it is necessary to provide risk-based criteria that allow for their identification.
Amendment 230 #
2021/0295(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15 a) The lack of diversity in the administrative, management or supervisory bodies could lead to 'groupthink' phenomenon. This phenomenon is at the roots of ineffective decisions and systematic bias. Therefore, diversity should be one of the criteria for the composition of administrative, management or supervisory bodies. To facilitate independent opinions and critical challenges, administrative, management or supervisory bodies should be sufficiently diverse as regards age, gender, geographical provenance and educational and professional background to present a variety of views and experiences. Gender balance is of particular importance to ensure adequate representation of the population. Insurance and reinsurance undertaking shall set target and define measures to increase the representation of the underrepresented gender in the administrative, management or supervisory body. Employee representation in management bodies could also, by adding a key perspective and genuine knowledge of the internal workings of institutions, be seen as a positive way of enhancing diversity. Diversity should also be addressed in institutions' recruitment policy more generally. Such a policy should, for instance, encourage institutions to select candidates from shortlists including both genders.
Amendment 231 #
2021/0295(COD)
Proposal for a directive
Recital 15 b (new)
Recital 15 b (new)
(15 b) The effectiveness of a prudential framework relies on the ability of the responsible supervisor to conduct its task in an objective and impartial manner. To avoid that any conflict of interest jeopardises the supervision of insurance and reinsurance undertakings, supervisors shall meet high-level independence criteria. Supervisors must not be allowed to trade any securities issued by a supervised entity and an appropriate cooling-off period shall be defined before a supervisor takes a position in a supervised entity or other related entity.
Amendment 233 #
2021/0295(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Supervisory authorities should be entitled to receive from each supervised insurance and reinsurance undertaking and their groups, at least every threewo years, a regular narrative report with information on the business and performance, system of governance, risk profile, capital management and other relevant information for solvency purposes. The reporting frequency for low-risk profile undertakings shall be three years. In order to simplify this reporting requirement for insurance and reinsurance groups, it should be possible, subject to certain conditions, to submit the information of the regular supervisory report relating to the group and its subsidiaries in an aggregated way for the whole group.
Amendment 236 #
2021/0295(COD)
Proposal for a directive
Recital 21
Recital 21
(21) As insurance activities maycould trigger or amplify risks for financial stability, insurance and reinsurance undertakings should incorporate macroprudential considerations and analysis in their investment and risk management activities. This could include taking into account the potential behaviour of other market participants, macroeconomic risks, such as credit cycle downturns or reduced market liquidity, developments related to climate change, or excessive concentrations at market level in certain asset types, counterparties or sectors.
Amendment 244 #
2021/0295(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Directive 2009/138/EC requires insurance and reinsurance undertakings to have, as an integrated part of their business strategy, a periodic own-risk and solvency assessment. Some risks, such as climate change risks, are difficult to quantify or they materialise over a period that is longer than the one used for the calibration of the Solvency Capital Requirement. Those risks can be better taken into account in the own-risk and solvency assessment. Where insurance and reinsurance undertakings have material exposure to climate risks, theyInsurance and reinsurance undertakings should be required to carry out, within appropriate intervals and as part of the own-risk and solvency assessment, analyses of the impact of long-term climate change risk scenarios on their business. Such analyses should be proportionate to the nature, scale and complexity of the risks inherent in the business of the undertakings. In particular, while the assessment of the materiality of exposure to climate risks should be required from all insurance and reinsurance undertakings, long-term climate scenario analyses should not be required for low-risk profile undertakings.
Amendment 247 #
2021/0295(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Directive 2009/138/EC requires the disclosure, at least, annually, of essential information through the solvency and financial condition report. That report has two main types of addressees: policyholders and beneficiaries on the one hand, and analysts and other market participants on the other hand. In order to address the needs and the expectations of those two different groups, the content of the report should be divided into two parts. The first part, addressed mainly to policyholders and beneficiaries, should contain the key information on business, performance, capital management and risk profile, including in relation to sustainability risks. The second part, addressed to analysts and other market participants, should contain detailed information on the system of governance, including the role of the administrative, management and supervisory body with regard to sustainability risks, specific information on technical provisions and other liabilities, the solvency position as well as other data relevant for specialised analysts, the targets and milestones defined in the transition plan as well as other data relevant for specialised analysts, including for undertakings using internal models, the amount of the Solvency Capital Requirements that would have resulted from the application of the standard formula.
Amendment 253 #
2021/0295(COD)
Proposal for a directive
Recital 31
Recital 31
(31) The burden of the auditing requirement does not seem to be justified for low-risk profile undertakings, which are not expected to be relevant for the financial stability of the Union and whose policyholders are not numerous. One of the criteria that low-risk profile undertakings are required to meet is that they be small in size. To alleviate this burden, an exclusion from this requirement should be granted, unless decided otherwise by the competent authority.
Amendment 257 #
2021/0295(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Directive 2009/138/EC provides for a volatility adjustment, which seeks to mitigate the effect of exaggerations of bond spreads and is based on reference portfolios for the relevant currencies of insurance and reinsurance undertakings and, in the case of the euro, on reference portfolios for national insurance markets. The use of a uniform volatility adjustment for entire currencies or countries can lead to benefits in excess of a mitigation of exaggerated bond spreads, in particular where the sensitivity of relevant assets of those undertakings to changes in credit spreads is lower than the sensitivity of the relevant best estimate to changes in interest rates. In order to avoid such excessive benefits from the volatility adjustment, the volatility adjustment should be subject to supervisory approval and its calculation should take into account undertaking- specific characteristics related to the spread sensitivity of assets and the interest rate sensitivity of the best estimate of technical provisions. In particular, the long-term nature of insurance and reinsurance undertakings' balance sheets should be better integrated in the volatility adjustment by introducing a factor reflecting the illiquidity of the insurance or reinsurance undertaking's liabilities. In light of the additional safeguards, insurance and reinsurance undertakings should be allowed to add up to an increased proportion of 85% of the risk- corrected spread derived from the representative portfolios to the basic risk- free interest rate term structure.
Amendment 270 #
2021/0295(COD)
Proposal for a directive
Recital 41
Recital 41
(41) The existing limits imposed on the level of the symmetric adjustment restrict the ability of this adjustment to mitigate potential pro-cyclical effects of the financial system and to avoid a situation in which insurance and reinsurance undertakings are unduly forced to raise additional capital or sell their investments as a result of unsustained adverse movements in financial markets, such as the ones triggered by the Covid-19 pandemic. Therefore, the symmetric adjustment should be amended so that it allows for larger changes to the standard equity capital charge and further mitigates the impact of sharp increases or decreases in stock markets. To prevent an overshooting of the symmetric adjustment, the final capital charge should not be lower than the one which would have resulted from the application of an instantaneous decrease equal to 15% in the value of the equity investment.
Amendment 271 #
2021/0295(COD)
Proposal for a directive
Recital 44
Recital 44
(44) As part of the supervisory review process, it is important for supervisory authorities to be able to compare information across the companies they supervise. Partial and full internal models allow to capture the individual risk of a company better and Directive 2009/138/EC allows insurance and reinsurance undertakings to use thempartial or full internal models for determining capital requirements without limitations stemming from the standard formula. However, partial and full internal models make comparisons across companies more difficult and supervisory authorities would therefore benefit from access to the outcome of the calculation of standard formula capital requirements. All insurance and reinsurance undertakings should therefore regularly report such information to their supervisors. In case of a significant difference between the calculation of capital requirements by the standard formula and by the internal model, the insurance or reinsurance undertaking shall provide additional information and justification to its supervisory authority.
Amendment 282 #
2021/0295(COD)
Proposal for a directive
Recital 63
Recital 63
(63) Group supervisors may decide to exclude an undertaking from group supervision, in particular when such an undertaking is deemed of negligible interest with respect to the objectives of group supervision. EIOPA has noted diverging interpretations on the criterion of negligible interest, and has identified that, in some cases, such exclusions result in complete waivers of group supervision or in supervision at the level of an intermediate parent company. It is therefore necessary to clarify that such cases should only occur in very exceptional circumstances and that group supervisors should consult EIOPA before making such decisions. Criteria should also be introduced so that there is more clarity as to what should be deemed as negligible interest with respect to the objectives of group supervision. EIOPA shall issue guidelines to further specify such exceptional circumstances and the cases where an exclusion may be justified. The group supervisor shall reassess at least annually whether its decision remains appropriate.
Amendment 294 #
2021/0295(COD)
Proposal for a directive
Recital 78
Recital 78
(78) Achieving the environmental and climate ambitions of the Green Deal requires the channelling of large amounts of investments from the private sector, including from insurance and reinsurance companies, towards sustainable investments. The provisions of Directive 2009/138/EC on the capital requirements should not impede sustainable investments by insurance and reinsurance undertakings but should reflect the full risk of investments in environmentally harmful activities. While there is not sufficient evidence at this stage on risk differentials between environmentally or socially harmful and other investments, such evidence may become available over the next years. In order to ensure an appropriate assessment of the relevant evidence, EIOPA should monitor and report by June 2023 on the evidence on the risk profile of environmentally or socially harmful investments. The report should assess whether a dedicated prudential treatment of exposures related to assets or insurance liabilities associated substantially with environmental or social objectives would be justified. Where appropriate, EIOPA’s report should advise on changes to Directive 2009/138/EC and to the delegated and implementing acts adopted pursuant to that Directive. EIOPA may also inquire whether it would be appropriate that certain environmental risks, other than climate change, including biodiversity loss-related, should be taken into account and how. For instance, if evidence so suggests, EIOPA could analyse the need for extending scenario analyses as introduced by this Directive in the context of climate change-related risks to other environmental risks. Prior to the publication of such a report, undertakings’ assessment of market risk should already reflect sustainability risks stemming from climate change. The assessment should include the impact of such risk on the undertaking, its customers and on the assets the undertaking has invested in. To that end, undertakings should consider any exposure to fossil fuel sectors as an exposure to the most volatile asset of each category.
Amendment 297 #
2021/0295(COD)
Proposal for a directive
Recital 78 a (new)
Recital 78 a (new)
(78 a) With the aim of achieving climate neutrality by 2050 at the latest and in line with the broader transition towards a sustainable economy, insurance and reinsurance undertakings should draw up transition plans, including a comprehensive strategy and operational actions to reach the carbon neutrality objective by 2050 as well as science-based and quantifiable targets and milestones to monitor and address risks arising the short, medium and long-term. Supervisory authorities should approve such transition plans and verify that the investment policy of insurance and reinsurance undertakings is aligned with the objectives and targets set out in these plans.
Amendment 298 #
2021/0295(COD)
Proposal for a directive
Recital 78 b (new)
Recital 78 b (new)
(78 b) Remuneration policies which encourage excessive risk-taking behaviour can endanger sound and effective risk management. Therefore, Member States should ensure that written policies on remuneration promote sound and effective risk management, including in relation to sustainability risks. The Commission should adopt delegated acts to specify remuneration schemes, including variable remuneration components linked to the achievement of targets set out in the transition plan of the undertaking.
Amendment 313 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/138/EC
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) where the undertaking belongs to a group, the total of the technical provisions of the group defined as gross of the amounts recoverable from reinsurance contracts and special purpose vehicles does not exceed EUR 25 million; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-20210630)50 000 000; Or. en
Amendment 316 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2009/138/EC
Article 4 – paragraph 4 – subparagraph 1 – introductory part
Article 4 – paragraph 4 – subparagraph 1 – introductory part
Amendment 321 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c a (new)
Article 1 – paragraph 1 – point 5 – point c a (new)
Directive 2009/138/EC
Article 13 – paragraph 1 – point 17
Article 13 – paragraph 1 – point 17
(c b) Article 13(17) is replaced by the following: "‘close links’ means a situation in which two or more natural or legal persons are linked by control or participation, or a situation in which: (a) participation in the form of ownership, direct or by way of control, of 20 % or more of the voting rights or capital of an undertaking; (b) ‘control’ which means the relationship between a parent undertaking and a subsidiary, in all the cases referred two or more natural or legal persons arein Article 22(1) and (2) of Directive 2013/34/EU, or a similar relationship between any natural or legal person and an undertaking, any subsidiary undertaking of a subsidiary undertaking also being considered to be a subsidiary of the parent undertaking which is at the head of those undertakings; (c) a permanently linked to one and of both or all of them to the same person by a control relationship; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-20210630)" Or. en
Amendment 322 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point h a (new)
Article 1 – paragraph 1 – point 5 – point h a (new)
Directive 2009/138/EC
Article 13 – paragraph 1 – point 36 a (new)
Article 13 – paragraph 1 – point 36 a (new)
(ha) the following point is inserted: ‘(36a) ‘climate change risk’ means the risk of any financial negative impact on the undertaking stemming from the current or prospective impacts of climate change factors, including factors related to the climate change mitigation or climate change adaptation objectives;’
Amendment 326 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point i
Article 1 – paragraph 1 – point 5 – point i
Directive 2009/138/EC
Article 13 – paragraph 1 – point 41 a (new)
Article 13 – paragraph 1 – point 41 a (new)
(41a) ‘fossil fuel sectors’ means sectors of the economy which produce, process, store or use fossil fuels as defined in Article 2(62) of Regulation EU 2018/1999 of the European Parliament and the Council;
Amendment 329 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point i
Article 1 – paragraph 1 – point 5 – point i
Directive 2009/138/EC
Article 13 – paragraph 1 – point 41 b (new)
Article 13 – paragraph 1 – point 41 b (new)
(41b) ‘crypto-assets’ means an asset- reference token, an e-money token or other crypto-asset as defined in [insert reference to MICA regulation];
Amendment 345 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/138/EC
Article 18 – paragraph 1 – point i a (new)
Article 18 – paragraph 1 – point i a (new)
(i a) to show evidence that it will not be significantly exposed to money laundering and terrorist financing risks;
Amendment 346 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/138/EC
Article 18 – paragraph 1 – subparagraph 1 a (new)
Article 18 – paragraph 1 – subparagraph 1 a (new)
For the purpose of assessing the criterion referred to in point (i a) (new) of this paragraph, supervisory authorities shall consult the authorities competent for the supervision of the undertakings in line with Directive (EU) 2015/849.
Amendment 347 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2009/138/EC
Article 25 – paragraph 3 a (new) and 3 b (new)
Article 25 – paragraph 3 a (new) and 3 b (new)
Supervisory authorities shall refuse authorisation of the insurance or reinsurance undertaking at least where there are reasonable grounds to suspect that: a) the management body of the applicant insurance or reinsurance undertaking poses a threat toits effective, sound and prudent management and business continuity, and to the adequate consideration of the interest of policyholders and the integrity of the market, or exposes the insurance or reinsurance undertaking to a serious risk of money laundering or terrorism financing; b) the applicant is likely to fail to meet any requirements of this Directive; c) the authorisation of an undertaking would lead to money laundering of terrorist financing activities For the purpose of assessing the aspects related to money laundering or terrorism financing risks referred to in points a) and c) of the previous paragraph, supervisory authorities shall consult competent authorities for AML/CFT supervision as defined in [insert reference to AMLD]. An objection in writing by the authorities competent for the supervision of the obliged entities in accordance with[insert reference to AMLD] shall constitute reasonable grounds for refusal.
Amendment 354 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29a – paragraph 1 – subparagraph 1 – introductory part
Article 29a – paragraph 1 – subparagraph 1 – introductory part
1. Member States shall ensure that insurance and reinsurance undertakings are classified as low-risk profile undertakings, according to the process set out in Article 29b, where, for two consecutive financial years prior to such classification, they meet all the following criteria:
Amendment 358 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29a – paragraph 1 – subparagraph 1 – point a – subparagraph 1 – point iv
Article 29a – paragraph 1 – subparagraph 1 – point a – subparagraph 1 – point iv
(iv) investments in non-traditional investments do not represent more than 210% of total investments;
Amendment 360 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29a – paragraph 1 – subparagraph 1 – point a – subpargraph 1 – point v a
Article 29a – paragraph 1 – subparagraph 1 – point a – subpargraph 1 – point v a
(v a) the Solvency Capital Requirement is complied with and a capital add-on has not been set;
Amendment 361 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29a – paragraph 1 – subpargraph 1 – point a – subparagraph 1 – point v b
Article 29a – paragraph 1 – subpargraph 1 – point a – subparagraph 1 – point v b
(v b) the insurance or reinsurance undertaking has not been convicted or been under investigations for committing or permitting money laundering or terrorist financing activities as defined in [insert reference to AMLD].
Amendment 366 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29a – paragraph 1 – subparagraph 1 – point b – subparagraph 1 – point v
Article 29a – paragraph 1 – subparagraph 1 – point b – subparagraph 1 – point v
(v) investments in non-traditional investments do not represent more than 210% of total investments;
Amendment 368 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29a – paregraph 1 – subparagraph 1 – point b – subparagraph 1 – point vi a (new)
Article 29a – paregraph 1 – subparagraph 1 – point b – subparagraph 1 – point vi a (new)
(vi a) the Solvency Capital Requirement is complied with and a capital add-on has not been set;
Amendment 369 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29a – paragraph 1 – subparagraph 1 – point b – subparagraph 1 – point vi b (new)
Article 29a – paragraph 1 – subparagraph 1 – point b – subparagraph 1 – point vi b (new)
(vi b) the insurance or reinsurance undertaking has not been convicted or been under investigations for committing or permitting money laundering or terrorist financing activities as defined in [insert reference to AMLD].
Amendment 373 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29a – paragraph 1 – subparagraph 1 – point c – subparagraph 1 – point vii
Article 29a – paragraph 1 – subparagraph 1 – point c – subparagraph 1 – point vii
(vii) investments in non-traditional investments do not represent more than 210% of total investments;
Amendment 375 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29a – paragraph 1 – subparagraph 1 – point c – subparagraph 1 – point viii a (new)
Article 29a – paragraph 1 – subparagraph 1 – point c – subparagraph 1 – point viii a (new)
(viii a) the Solvency Capital Requirement is complied with and a capital add-on has not been set;
Amendment 376 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29a – paragraph 1 – subparagraph 1 – point c – subparagraph 1 – point viii b (new)
Article 29a – paragraph 1 – subparagraph 1 – point c – subparagraph 1 – point viii b (new)
(viii b) the insurance or reinsurance undertaking has not been convicted or been under investigations for committing or permitting money laundering or terrorist financing activities as defined in [insert reference to AMLD].
Amendment 384 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29b – paragraph 3
Article 29b – paragraph 3
3. The supervisory authority may oppose the classification as low-risk profile undertaking within one month of receipt of the notification referred to in paragraph 1 of this Article on grounds related exclusively to the non-compliance with the conditions foreseen under Article 29a. A decision of the supervisory authority to oppose to the classification shall be done in writing and state the reasons of the supervisory authority’s disagreement. Absent such decision, the insurance undertaking shall be classified as low-risk profile undertaking as of the end of the one month opposition period or an earlier date where the supervisory authority has issued a decision earlier confirming compliance with criteria.
Amendment 385 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29b – paragraph 5 – subparagraphs 1 a (new) and 1 b (new)
Article 29b – paragraph 5 – subparagraphs 1 a (new) and 1 b (new)
When a low-risk profile undertaking no longer holds sufficient eligible own funds to cover the Solvency Capital Requirement, it shall cease to be classified as low-risk profile undertaking immediately. When a low-risk profile undertaking no longer holds sufficient eligible own funds to cover the Solvency Capital Requirement without the use of transitory measures, it shall cease to be classified as low-risk profile undertaking immediately.
Amendment 390 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29c – paragraph 2
Article 29c – paragraph 2
2. Where the supervisory authority has serious concerns in relation to the risk profile of a low-risk profile undertaking, the supervisory authority may, in exceptional circumstances, request the undertaking concerned to refrain from using one or several proportionality measures listed in paragraph 1 provided this is justified in writing on consideration of the impact on the organisation of the undertaking and the specificities or change of its risk profile.
Amendment 391 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29d – paragraph 2
Article 29d – paragraph 2
2. The supervisory authority shall, within twohree months of receipt, assess the request and inform the undertaking of its approval or rejection, as well as of the proportionality measures granted. Where the supervisory authority approves the use of proportionality measures under certain terms or conditions, the approval decision shall contain the reasons for those terms and conditions. A decision of the supervisory authority to oppose the use of one or several proportionality measures listed in the request submitted by the undertaking shall be done in writing, and state the reasons for the supervisory authority’s decision. Such reasons shall be linked to the risk profile of the undertaking,
Amendment 392 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29d – paragraph 4
Article 29d – paragraph 4
4. With respect to requests received by supervisory authorities within the first six months of [OP please insert date = date of application of this Directive], the period referred to in paragraph 2 shall be foursix months.
Amendment 393 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Directive 2009/138/EC
Article 30a (new)
Article 30a (new)
Amendment 394 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 b (new)
Article 1 – paragraph 1 – point 14 b (new)
Directive 2009/138/EC
Article 31 – paragraph 2 – point e a (new)
Article 31 – paragraph 2 – point e a (new)
(14b) in Article 31(2) the following point is added: ‘(e a) the number of the supervisory authority staff members that left the supervisory authority to join an undertaking supervised by the authority;’
Amendment 395 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 c (new)
Article 1 – paragraph 1 – point 14 c (new)
Directive 2009/138/EC
Article 31 – paragraph 2 – subparagraph 3
Article 31 – paragraph 2 – subparagraph 3
(14c) subparagraph 3 of Article 31(2) is replaced by the following: "The disclosure shall be made in a common format and be updated regularly. The information referred to in points (a) to (ea) (new) of the first subparagraph shall be accessible at a single electronic location in each Member State. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-20210630)" Or. en
Amendment 398 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2009/138/EC
Article 33a – paragraph 1 – subparagraph 1
Article 33a – paragraph 1 – subparagraph 1
1. In the event of significant cross- border activities carried out by insurance and reinsurance undertakings under the right of establishment or the freedom to provide services, the supervisory authority of the home Member State shall cooperate with the supervisory authority of the host Member State to assess whether the insurance undertaking has a clear understanding and a sound management of the risks that it faces, or may face, in the host Member State.
Amendment 408 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point a
Article 1 – paragraph 1 – point 16 – point a
Directive 2009/138/EC
Article 35 – paragraph 1
Article 35 – paragraph 1
Member States shall require insurance and reinsurance undertakings to submit to the supervisory authorities the information which is necessary for the purposes of supervision, taking into account the objectives of supervision laid down in Articles 27 and 28 and the general principles of supervision laid down in Article 29. Insurance and reinsurance undertakings shall also submit to their supervisory authorities the transition plan referred to in Article 44a.;
Amendment 411 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Directive 2009/138/EC
Article 35 – paragraph 5a – subparagraph 2 – point b
Article 35 – paragraph 5a – subparagraph 2 – point b
(b) at least every threewo years for insurance and reinsurance undertakings other than low-risk profile undertakings.;
Amendment 415 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2009/138/EC
Article 35a – paragraph 1 – subparagraph 2
Article 35a – paragraph 1 – subparagraph 2
That limitation to regular supervisory reporting shall be granted only to undertakings that do not represent more than 210 % of a Member State’s life and non-life insurance and reinsurance market respectively, where the non-life market share is based on gross written premiums and the life market share is based on gross technical provisions.
Amendment 417 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2009/138/EC
Article 35a – paragraph 1 – subparagraph 3 a (new)
Article 35a – paragraph 1 – subparagraph 3 a (new)
The limitation to regular supervisory reporting shall not apply to undertakings to which a capital add-on has been set.
Amendment 421 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2009/138/EC
Article 35a – paragraph 2 – subparagraph 3
Article 35a – paragraph 2 – subparagraph 3
The exemption from reporting on an item- by-item basis shall be granted only to undertakings that do not represent more than 210 % of a Member State’s life and non-life insurance or reinsurance market respectively, where the non-life market share is based on gross written premiums and the life market share is based on gross technical provisions. When determining the eligibility of undertakings for those limitations or exemptions, supervisory authorities shall give priority to low-risk profile undertakings.
Amendment 426 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20 – point a
Article 1 – paragraph 1 – point 20 – point a
Directive 2009/138/EC
Article 37 – paragraph 1 – point e a (new)
Article 37 – paragraph 1 – point e a (new)
(e a) the supervisory authority concludes that one of the following is the case: - the insurance or reinsurance undertaking is exposed to material sustainability risks that are not adequately monitored, managed and mitigated; - the insurance or reinsurance undertaking is not complying with the targets and milestones established in its transitional plans referred to in Article 44a.
Amendment 428 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20 a (new)
Article 1 – paragraph 1 – point 20 a (new)
Directive 2009/138/EC
Article 40 – paragraphs 1 a (new) and 2 a (new)
Article 40 – paragraphs 1 a (new) and 2 a (new)
(20 a) The following sub-paragraphs are added to Article 40: ‘Insurance and reinsurance undertakings shall ensure that members of the administrative, management and supervisory body are at all times of good repute and possess collectively sufficient knowledge, skills and experience to perform their duties. Members of the administrative, management and supervisory body shall not have been convicted of offences relating to money laundering or terrorist financing or other offences that would question their good repute.'
Amendment 436 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21 – point c
Article 1 – paragraph 1 – point 21 – point c
Directive 2009/138/EC
Article 41 – paragraph 3 – subparagraph 1
Article 41 – paragraph 3 – subparagraph 1
3. Insurance and reinsurance undertakings shall have written policies in relation to at least risk management, internal control, internal audit, stewardship, remuneration and, where relevant, outsourcing. They shall ensure that those policies are implemented. The remuneration policy and its operational implementation shall address gender inequality.
Amendment 439 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21 – point c
Article 1 – paragraph 1 – point 21 – point c
Directive 2009/138/EC
Article 41 – paragraph 3 – subparagraph 2
Article 41 – paragraph 3 – subparagraph 2
Those written policies shall be reviewed at least annually and include a report of the impact of the stewardship policy of the previous year. They shall be subject to prior approval by the administrative, management or supervisory body and be adapted in view of any significant change in the system or area concerned. Low-risk profile undertakings may perform a less frequent review, at least every three years, unless the supervisory authority concludes, based on the specific circumstances of that undertaking, that a more frequent review is needed.;
Amendment 442 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21 – point c a (new)
Article 1 – paragraph 1 – point 21 – point c a (new)
Directive 2009/138/EC
Article 41 – paragraph 3 a (new)
Article 41 – paragraph 3 a (new)
3a. The administrative, management or supervisory body shall be directly responsible for the sustainability risk management system described under Article 44(3a), including the successful implementation of the transition plan described under Article 44a.
Amendment 443 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21 – point c a (new)
Article 1 – paragraph 1 – point 21 – point c a (new)
Directive 2009/138/EC
Article 41 – paragraph 5 a (new)
Article 41 – paragraph 5 a (new)
Amendment 445 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point - a (new)
Article 1 – paragraph 1 – point - a (new)
Directive 2009/138/EC
Article 42 – paragraph 1 – point a
Article 42 – paragraph 1 – point a
(-a) paragraph 1, point (a) is replaced by the following: "(a) their professional qualifications, knowledge and experience, includingin the field of sustainability risks, are adequate to enable sound and prudent management (fit); and (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-20210630)" Or. en
Amendment 450 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point -a a (new)
Article 1 – paragraph 1 – point 22 – point -a a (new)
Directive 2009/138/EC
Article 42 – paragraph 1 – subparagraph 1 a (new)
Article 42 – paragraph 1 – subparagraph 1 a (new)
Amendment 452 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point b – point i – indent 2
Article 1 – paragraph 1 – point 23 – point b – point i – indent 2
Directive 2009/138/EC
Article 44 – paragraph 2a – subparagraph 1 – point b – point iii
Article 44 – paragraph 2a – subparagraph 1 – point b – point iii
Amendment 453 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point b – point i – indent 3
Article 1 – paragraph 1 – point 23 – point b – point i – indent 3
Directive 2009/138/EC
Article 44 – paragraph 2a – subparagraph 1 – point c
Article 44 – paragraph 2a – subparagraph 1 – point c
(c) where the volatility adjustment referred to in Article 77d is applied, the sensitivity of their technical provisions and eligible own funds to changes in the economic conditions that would affect the risk corrected spread referred to in Article 77d(3) and the impact of a reduction of the volatility adjustment to zero.’;
Amendment 463 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point b a (new)
Article 1 – paragraph 1 – point 23 – point b a (new)
Directive 2009/138/EC
Article 44 – paragraph 3 a (new)
Article 44 – paragraph 3 a (new)
(ba) the following paragraph is inserted: "3a. The risk management system shall cover the sustainability risks to which the insurance or reinsurance undertaking is exposed within the areas set out in paragraph 2 and shall consider the principal adverse impacts of the insurance or reinsurance undertaking, including the principal adverse impacts of the companies and activities for which the undertaking provides finance or underwriting services within its asset portfolio and insurance portfolio, on sustainability factor."
Amendment 472 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23 a (new)
Article 1 – paragraph 1 – point 23 a (new)
Directive 2009/138/EC
Article 44 a (new)
Article 44 a (new)
(23a) the following Article is inserted: ‘Article 44a Transition plan 1. Member States shall ensure that the administrative, management or supervisory body approves specific plans and science-based quantifiable targets to monitor and address the risks arising in the short, medium and long-term from the misalignment of the business model, strategy and activities of the insurance or reinsurance undertaking, with the relevant Union policy objectives, including the objectives to: i) achieve climate neutrality by 2050 at the latest, as set out in Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021, or broader transition trends towards a sustainable economy in relation to environmental, social and governance factors; ii) halt biodiversity loss, by achieving the goals of the UN Convention of Biological Diversity, and to align with the restoration objectives of the [nature restoration law 2022/0195 (COD)] . The targets and measures included in the transition plans shall take into account the latest reports and measures prescribed by the European Scientific Advisory Board on Climate Change. The plans referred to in the first sub- paragraph shall at least include all the following elements: (i) A comprehensive strategy and operational actions to reach the objectives of the climate law [Regulation (EU) 2021/1119] and restore biodiversity; (ii) Specific, science-based intermediate quantifiable targets and milestones with horizons of 5 and 10 years. 2. The transition plans shall adopt a holistic approach and cover all insurance activities, including investment and underwriting activities. 3. The transition plans shall be regularly updated, and at least every three years, and be adapted in view of any significant changes affecting the transition plan or its implementation. 4. The transition plan shall be integrated into the risk management system required under Article 44, and particularly by identifying, measuring, monitoring, managing and reporting matters that pose a risk to the successful implementation of the transition plan.’
Amendment 477 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23 b (new)
Article 1 – paragraph 1 – point 23 b (new)
Directive 2009/138/EC
Article 44 b (new)
Article 44 b (new)
(23b) the following article is inserted: ‘Article 44b Remuneration policy 1. Member States shall ensure that the written policy on remuneration, including incentive schemes, shall promote sound and effective risk management, including in relation to the integration of sustainability risks in the risk management system and the adverse impacts of the insurance or reinsurance undertaking considering sustainability factors. 2. The Commission shall adopt delegated acts in accordance with Article 301a to specify that remuneration schemes that include both fixed and variable components, the variable remuneration component shall be linked to achievement of the targets set as part of the transition plan of the undertaking, implemented in accordance with Article 44a.’
Amendment 487 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 24 – point b a (new)
Article 1 – paragraph 1 – point 24 – point b a (new)
Directive 2009/138/EC
Article 45 – paragraph 2
Article 45 – paragraph 2
(ba) paragraph 2 is replaced by the following: "2. For the purposes of paragraph 1(a), the undertaking concerned shall have in place processes which are proportionate to the nature, scale and complexity of the risks inherent in its business and which enable it to properly identify and assess the risks it faces in the short, medium and long term and to which it is or could be exposed, including sustainability risks. The undertaking shall demonstrate the methods used in that assessment. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-20210630)" Or. en
Amendment 494 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2009/138/EC
Article 45a – paragraph 1
Article 45a – paragraph 1
1. For the purposes of the identification and assessment of risks referred to in Article 45(2), the undertaking concerned shall also assess whether it has any material exposure to climate change risks. Thinsurance and reinsurance undertakings shall demonstrate the materiality of its exposure to climate change risks in the assessment referred to in Article 45(1)also assess their exposure to climate change risks.
Amendment 495 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2009/138/EC
Article 45a – paragraph 2 – introductory part
Article 45a – paragraph 2 – introductory part
2. Where the undertaking concerned has material exposure to climate change risksFor the purpose of paragraph 1, the undertaking shall specify at least twohree long-term climate change scenarios, modelling a period of at least 30 years, including the following:
Amendment 498 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2009/138/EC
Article 45a – paragraph 2 – point a
Article 45a – paragraph 2 – point a
(a) a long-term climate change scenario wheren orderly transition scenario where climate policies are introduced early and become gradually more stringent, resulting in global greenhouse gas emissions reaching net-zero around 2050 the latest and the global temperature increase remains below two degrees Celsius;
Amendment 499 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2009/138/EC
Article 45a – paragraph 2 – point a a (new)
Article 45a – paragraph 2 – point a a (new)
(a a) a ‘disorderly transition’ scenario where climate policies are delayed or divergent, resulting in later and sharper global greenhouse gas emissions reductions and the global temperature increase remaining below two degrees Celsius;
Amendment 501 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2009/138/EC
Article 45a – paragraph 2 – point b
Article 45a – paragraph 2 – point b
(b) a long-term climate change scenario“hot house world” scenario where no or insufficient climate policies are implemented and where the global temperature increase is equal to or higher than twohree degrees Celsius.
Amendment 506 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2009/138/EC
Article 45a – paragraph 5
Article 45a – paragraph 5
5. By way of derogation from paragraphs 2, 3 and 4, insurance and reinsurance undertakings that are classified as low-risk profile undertakings shall neithercan be required to specify climate change scenarios nor to assess their impact on the business of the undertakingrun only scenarios a) and c) referred to in paragraph 2. By way of derogation from paragraph 3, low risk profile undertakings can be allowed to conduct climate change scenario analysis on less frequent intervals, but no longer than five years.;
Amendment 512 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25 a (new)
Article 1 – paragraph 1 – point 25 a (new)
Directive 2009/138/EC
Article 50 – paragraph 1
Article 50 – paragraph 1
(25a) Article 50, paragraph 1 is amended as follows: a) the following point is added: ‘c) minimum standards and reference methodologies for transition plans referred to in Article 44a;’ b) the following sub-paragraph is added: ‘For the adoption of the delegated acts referred to in point c) of this paragraph, the Commission shall take into consideration the technical advice of the European Financial Reporting Advisory Group (EFRAG).’
Amendment 517 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point b
Article 1 – paragraph 1 – point 26 – point b
Directive 2009/138/EC
Article 51 – paragraph 1a – point b
Article 51 – paragraph 1a – point b
(b) a brief description of the capital management and the risk profile of the undertaking, including in relation to sustainability risks.;
Amendment 524 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point c
Article 1 – paragraph 1 – point 26 – point c
Directive 2009/138/EC
Article 51 – paragraph 1b – point c
Article 51 – paragraph 1b – point c
(a) a description of the system of governance, including the role of the administrative, management and supervisory body with regard to sustainability risks;
Amendment 526 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point c
Article 1 – paragraph 1 – point 26 – point c
Directive 2009/138/EC
Article 51 – paragraph 1b – point c – point ii a (new)
Article 51 – paragraph 1b – point c – point ii a (new)
(ii a) for undertakings using internal models, the amount of the Solvency Capital Requirement that would have resulted from the application of the standard formula;
Amendment 531 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point c
Article 1 – paragraph 1 – point 26 – point c
Directive 2009/138/EC
Article 51 – paragraph 1b – point c – point vi a (new)
Article 51 – paragraph 1b – point c – point vi a (new)
(vi a) the targets and milestones defined in the undertaking’s transition plan;
Amendment 532 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point c
Article 1 – paragraph 1 – point 26 – point c
Directive 2009/138/EC
Article 51 – paragraph 1b – point c – point vi b (new)
Article 51 – paragraph 1b – point c – point vi b (new)
(vi b) the adaptation of business model and strategy decided by the undertaking to cope with the sustainability risks it faces.
Amendment 538 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point c
Article 1 – paragraph 1 – point 26 – point c
Directive 2009/138/EC
Article 51 – paragraph 1b – point c a (new)
Article 51 – paragraph 1b – point c a (new)
(c a) the result of the latest Union-wide assessment of the resilience of financial institutions.
Amendment 539 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2009/138/EC
Article 51a – paragraph 1
Article 51a – paragraph 1
1. For iInsurance and reinsurance undertakings other than low-risk profile undertakings and captive insurance undertakings and captive reinsurance undertakings,shall subject the balance sheet disclosed as part of the solvency and financial condition report or as part of the single solvency and financial condition report shall be subject to an audit.
Amendment 543 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2009/138/EC
Article 51a – paragraph 2
Article 51a – paragraph 2
2. Member States may extend the obligation laid down in paragraph 1 toUnless decided otherwise by the competent authority, low-risk profile undertakings, captive insurance undertakings and captive reinsurance undertakings are exempted from the obligation laid down in paragraph 1.
Amendment 548 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 31 a (new)
Article 1 – paragraph 1 – point 31 a (new)
Directive 2009/138/EC
Article 59 – paragraph 1 – subparagraph 1 a (new) and paragraph 2 – subparagraps 1 a (new) and 1 b (new)
Article 59 – paragraph 1 – subparagraph 1 a (new) and paragraph 2 – subparagraps 1 a (new) and 1 b (new)
(31a) Article 59 is amended as follows: a) the following subparagraph is added to paragraph 1: ‘For the purposes of assessing the criterion laid down in point (e), supervisory authorities shall consult the authorities competent for the supervision of the obliged entities in accordance with Directive (EU) 2015/849.’ b) the followings subparagraphs are added to paragraph 2: 'For the purpose of this paragraph and with regard to the criterion laid down in point (e) of paragraph 1 of this Article, an objection in writing by the authorities competent for the supervision of the obliged entities in accordance with Directive (EU) 2015/849 shall constitute reasonable grounds for opposition. In any event, competent authorities shall be able to object to the acquisition when the proposed acquirer is located in a country on the EU list of third-countries with strategic deficiencies or compliance weaknesses in their AML/CFT regime or in a country subject to EU restrictive measures.'
Amendment 549 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 34 a (new)
Article 1 – paragraph 1 – point 34 a (new)
Directive 2009/138/EC
Article 64 – paragraph 3 a (new)
Article 64 – paragraph 3 a (new)
(34a) in Article 64, the following paragraph is added: 'Paragraphs 1 to 3 of this Article shall not prevent the competent authorities from publishing the outcome of stress tests carried out in accordance with Article 34(4) of this Directive or Article 32 of Regulation (EU) No 1094/2010 or from transmitting the outcome of stress tests to EIOPA for the purpose of the publication by EIOPA of the results of Union-wide stress tests.'
Amendment 555 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 36
Article 1 – paragraph 1 – point 36
Directive 2009/138/EC
Article 77 – paragraph 5 – subparagraph 3 a (new)
Article 77 – paragraph 5 – subparagraph 3 a (new)
The calibration of the cost-of-capital rate to be used in accordance with previous sub-paragraphs, shall be based on empirical evidence, including market data covering a sufficiently long period. The Commission shall set the cost-of-capital to be used, based on an EIOPA opinion.
Amendment 567 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 37
Article 1 – paragraph 1 – point 37
Directive 2009/138/EC
Article 77a – paragraph 2 – subparagaph 1
Article 77a – paragraph 2 – subparagaph 1
2. For the purpose of paragraph 1, second subparagraph, any parameters determining the speed of the convergence of the forward rates towards the ultimate forward rate of the extrapolation may be chosen such that on [OP please insert date = application date] the risk-free interest rate term structure is sufficiently similar to the risk-free interest rate term structure on that date determined in line with the rules for the extrapolation applicable on [OP please insert date = one day before date of application]. Those parameters of the extrapolation shall be decreased linearly at the beginning of each calendar year, during a transitional period. The parameters determining the speed of convergence of the forward rates towards the ultimate forward rate shall take into account the level of the interest rates at the first smoothing point. The final parameters of the extrapolation shall be applied as of 1 January 20320.
Amendment 573 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 37 a (new)
Article 1 – paragraph 1 – point 37 a (new)
Directive 2009/138/EC
Article 77b – paragraph 1 – subparagraph 1 – point a a (new)
Article 77b – paragraph 1 – subparagraph 1 – point a a (new)
(37a) in subparagraph 1 of Article 77b(1) the following point is inserted: '(aa) the portfolio of assets assigned to cover the best estimate of the portfolio of insurance or reinsurance obligations does not include assets with exposure to the fossil sectors nor crypto-assets;'
Amendment 575 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point a
Article 1 – paragraph 1 – point 38 – point a
Directive 2009/138/EC
Article 77d – paragraph 1
Article 77d – paragraph 1
1. ASubject to prior approval by the supervisory authorities, an insurance and reinsurance undertaking may apply a volatility adjustment to the relevant risk- free interest rate term structure to calculate the best estimate referred to in Article 77(2) subject to prior approval by the supervisory authorities wherewhere at least all of the following conditions are met:
Amendment 582 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point c
Article 1 – paragraph 1 – point 38 – point c
Directive 2009/138/EC
Article 77d – paragraph 3
Article 77d – paragraph 3
3. The amount of the volatility adjustment to risk-free interest rates for a currecny shall be calculated as follows: 𝑉𝐴𝑐𝑢 = 85% ∙ 𝐶𝑆𝑆𝑅𝐶𝑈 ∙ 𝑅𝐶𝑆𝐶𝑈 𝑉𝐴𝑐𝑢 = 85% ∙ 𝐶𝑆𝑆𝑅𝐶𝑈 ∙ 𝑅𝐶𝑆𝐶𝑈 ∙ 𝑨𝑳𝒊 Where: cu (a) VA is the volatility adjustment for a cu currency cu; cu (b) CSSR is the credit spread sensitivity cu ratio of an insurance or reinsurance undertaking for the currency cu; (c) RCS is the risk-corrected spread for cu (c) RCS is the risk-corrected spread for cu the currency cu. the currency cu; (d) 𝑨𝑳𝒊 is the factor reflecting the illiquidity of undertaking i. CSSR shall not be negative and not be cu cu higher than one. It shall take values lower than one where the sensitivity of the assets of an insurance or reinsurance undertaking in a currency to changes in credit spreads is lower than the sensitivity of the technical provisions of that undertaking in that currency to changes in interest rates. RSC shall be calculated as the difference cu cu between the spread referred to in paragraph 2 and the portion of that spread that is attributable to a realistic assessment of expected losses or unexpected credit or other risk of the assets. VA shall apply to the relevant risk-free cu cu interest rates of the term structure that are not derived by means of extrapolation in accordance with Article 77a. Where the extrapolated part of the relevant risk-free interest rates takes into account information from financial instruments other than bonds pursuant to Article 77a(1), VA shall also apply to risk-free cu cu interest rates derived from those financial instruments. The extrapolation of the relevant risk-free interest rate term structure shall be based on those adjusted risk-free interest rates. ALi shall be calculated as the share of the undertaking’s illiquid liabilities based on stressed cash flows. The liability cash flows before and after pre-defined stresses define a share of liabilities that is predictable. The Commission may adopt delegated acts in accordance with Article 301a laying down the conditions and parameters of the stress to be applied to the undertaking cash flows to determine the illiquidity nature of the undertkaing’s liabilities.
Amendment 599 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 39 a (new)
Article 1 – paragraph 1 – point 39 a (new)
Directive 2009/138/EC
Article 78 – point 3 a (new)
Article 78 – point 3 a (new)
(39a) in Article 78 the following point is added: ‘(43a) quantitative and qualitative estimates of risk of loss or of adverse change in the values of insurance and reinsurance liabilities, resulting from inadequate pricing and provisioning assumptions due to internal or external factors, including sustainability risks;
Amendment 618 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 43 a (new)
Article 1 – paragraph 1 – point 43 a (new)
Directive 2009/138/EC
Article 105 – paragraph 5 – subparagraph 1 a (new)
Article 105 – paragraph 5 – subparagraph 1 a (new)
(43a) in paragraph 5 of Article 105 the following subparagraph is inserted: ‘The market risk shall also reflect the sustainability risks stemming from climate change. It shall include the impact of such risk on the undertaking, its customers and on the assets the undertaking has invested in. Climate- related risk shall include both physical and transition risks.’
Amendment 619 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 43 b (new)
Article 1 – paragraph 1 – point 43 b (new)
Directive 2009/138/EC
Article 105 – paragraph 5 – subparagraph 2 a (new)
Article 105 – paragraph 5 – subparagraph 2 a (new)
(43b) in paragraph 5 of Article 105 the following subparagraph is added: ‘For the purpose of calculating the sensitivity of the values of assets referred to in points b) and d), the undertaking shall consider any exposure to fossil fuel sectors as an exposure to the most volatile asset of each category.’
Amendment 623 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 43 b (new)
Article 1 – paragraph 1 – point 43 b (new)
Directive 2009/138/EC
Article 105 – paragraph 6 a (new)
Article 105 – paragraph 6 a (new)
(43b) in Article 105 the following paragraph is added: '6a. The Commission is empowered to adopt a Delegated Act, in accordance with Article 301a, to reflect the risk posed by crypto-assets in the market risk sub module referred to in paragraph 5 and in the counterparty risk sub-module referred to in paragraph 6.'
Amendment 631 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Directive 2009/138/EC
Article 106 – paragraph 3 a (new)
Article 106 – paragraph 3 a (new)
3a. The final capital charge resulting from the application of the symmetric adjustment should not lead to a capital charge lower than the one which would have resulted from the application of an instantaneous decrease equal to 20% in the value of the equity investment.
Amendment 636 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 46 – point a
Article 1 – paragraph 1 – point 46 – point a
Directive 2009/138/EC
Article 111 – paragraph 1 – point m
Article 111 – paragraph 1 – point m
(m) the approach to be used with respect to qualifying holdings within the meaning of Article 13(21) in the calculation of the Solvency Capital Requirement, in particular the calculation of the equity risk sub-module referred to in Article 105(5), taking into account the likely reduction in the volatility of the valuehigher risks posed by holding equities of entities located in countries ofn those qualifying holdings arising from e EU list of third-countries withe strategic nature of those investments and the influence exercised by the insurance or reinsurance undertaking on those investedeficiencies or compliance weaknesses in their AML/CFT regime or in a country subject to EU restrictive measures or in a country on the list of non-cooperative countries for tax purposes;;
Amendment 641 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 46 – point b
Article 1 – paragraph 1 – point 46 – point b
Directive 2009/138/EC
Article 111 – paragraph 1 – subparagraph 1 a (new)
Article 111 – paragraph 1 – subparagraph 1 a (new)
Where the Commission adopts delegated acts pursuant to point (c) of the first subparagraph to specify the methods, assumptions and standard parameters to be used for calculating the basic Solvency Capital Requirements, including the interest rates risk sub-module, it shall take duly into account the economic, financial and market environment and ensure that the assumptions used are robust and realistic.
Amendment 652 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 47
Article 1 – paragraph 1 – point 47
Directive 2009/138/EC
Article 112 – paragraph 7 a (new)
Article 112 – paragraph 7 a (new)
7a. Where the Solvency Capital Requirements resulting from the application of an internal model is 25% lower than the one that would have been determined by the application of the standard formula, the insurance or reinsurance undertaking shall provide a detailed and empirical based justification of this difference. Where the supervisory authority is not convinced by the justification provided by the insurance or reinsurance undertaking it may set a capital add-on, in accordance with Article 37.
Amendment 658 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 49 – point -a (new)
Article 1 – paragraph 1 – point 49 – point -a (new)
Directive 2009/138/EC
Article 132 – paragraph 1
Article 132 – paragraph 1
(-a) paragraph 1 is replaced by the following: '1. Member States shall ensure that insurance and reinsurance undertakings invest all their assets in accordance with the prudent person principle, as specified in paragraphs 2, 2a (new), 2b (new), 3 and 4.'
Amendment 659 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 49 – point -a a (new)
Article 1 – paragraph 1 – point 49 – point -a a (new)
Directive 2009/138/EC
Article 132 – paragraph 2a and 2b (new)
Article 132 – paragraph 2a and 2b (new)
Amendment 663 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 49 – point b
Article 1 – paragraph 1 – point 49 – point b
Directive 2009/138/EC
Article 132 – paragraph 5
Article 132 – paragraph 5
5. Member States shall ensure that insurance and reinsurance undertakings take account of possible macroeconomic and financial markets’ developments, including developments related to climate change, and, at the request of the supervisory authority, macroprudential concerns when they decide on their investment strategy.
Amendment 666 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 49 – point b
Article 1 – paragraph 1 – point 49 – point b
Directive 2009/138/EC
Article 132 – paragraph 6
Article 132 – paragraph 6
6. Insurance and reinsurance undertakings shall assess the extent to which their investment strategy may affect macroeconomic and financial markets’ developments, including developments related to climate change and have the potential to turn into sources of systemic risk, and incorporate such considerations as part of their investment decisions.
Amendment 668 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 49 – point b
Article 1 – paragraph 1 – point 49 – point b
Directive 2009/138/EC
Article 132 – paragraph 7 a (new)
Article 132 – paragraph 7 a (new)
7a. Supervisory authorities shall verify that the investment policy of the insurance or reinsurance undertaking is aligned with the objectives and targets set in its transition plan in accordance with Article 44a (new).
Amendment 669 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 51 – point a
Article 1 – paragraph 1 – point 51 – point a
Directive 2009/138/EC
Article 138 – paragraph 4 – subparagraph 1
Article 138 – paragraph 4 – subparagraph 1
In the event of exceptional adverse situations affecting insurance and reinsurance undertakings representing a significant share of the market or of the affected lines of business, as declared by EIOPA, the supervisory authority may extend, for affected undertakings, the period set out in paragraph 3, second subparagraph, by a maximum period of seventhree years, taking into account all relevant factors including the average duration of the technical provisions.;
Amendment 672 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 52 a (new)
Article 1 – paragraph 1 – point 52 a (new)
Directive 2009/138/EC
Article 144 – paragraph 1 – point c a (new) and subparagraph 1 a (new)
Article 144 – paragraph 1 – point c a (new) and subparagraph 1 a (new)
(52a) paragraph 1 of Article 144 is amended as follows: a) The following point is added: ‘ca) the undertaking has infringed the national law transposing Directive (EU) 2015/849 in respect of money laundering or terrorist financing'; b) the following subparagraph is inserted: ‘For the purpose of the criterion defined in point (ca) (new), supervisory authorities shall consult authorities competent for the supervision of the obliged entities in accordance with Directive (EU) 2015/849.'
Amendment 675 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 54
Article 1 – paragraph 1 – point 54
Directive 2009/138/EC
Article 144b – paragraph 2 – subparagraph 2
Article 144b – paragraph 2 – subparagraph 2
The measures taken by supervisory authorities on the basis of this paragraph shall be reviewed at least once a year by the supervisory authority and be removed when the undertaking has taken effective remedies. Where relevant, the supervisory authority shall share the evidence of liquidity risk and vulnerabilities with the EIOPA.
Amendment 678 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 54
Article 1 – paragraph 1 – point 54
Directive 2009/138/EC
Article 144b – paragraph 3 – subparagraph 3
Article 144b – paragraph 3 – subparagraph 3
The application of the measure referred to in the first subparagraph shall last no more than three months. Member States shall ensure that the measure can be renewed if the underlying reasons that justify it are still present and it is no longer applied when those reasons are no longer present.
Amendment 682 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 54
Article 1 – paragraph 1 – point 54
Directive 2009/138/EC
Article 144b – paragraph 3 – subparagraph 6 a (new)
Article 144b – paragraph 3 – subparagraph 6 a (new)
Where the EIOPA and the ESRB consider that the exercise of the power referred to in paragraph 3 by the competent authority is excessive, they shall issue an opinion and recommend the supervisory authority concerned to review its decision.
Amendment 687 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 54
Article 1 – paragraph 1 – point 54
Directive 2009/138/EC
Article 144c – paragraph 2 – subparagraph 1 – introductory part
Article 144c – paragraph 2 – subparagraph 1 – introductory part
2. During periods of exceptional sector-wide shocks, supervisory authorities shall have the power to require undertakings with a particularly vulnerable risk profile or especially vulnerable to an exceptional market-wide shock to take at least the following measures:
Amendment 689 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 54
Article 1 – paragraph 1 – point 54
Directive 2009/138/EC
Article 144c – paragraph 3
Article 144c – paragraph 3
3. The application of the measures referred to in paragraph 2 of this Article shall duly take into account the proportionality criteria referred to in Article 29(3), and the existence of any preventively agreed risk tolerance limits and thresholds for internal capital planning. When applied only to one insurance or reinsurance undertaking or to only a subset of insurance or reinsurance undertakings, the supervisory authorities shall ensure that the application of such measure is not discriminatory.
Amendment 700 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 58
Article 1 – paragraph 1 – point 58
Directive 2009/138/EC
Article 152b – paragraph 5 a (new)
Article 152b – paragraph 5 a (new)
5a. In case the supervisory authorities concerned fail to reach a common view in the collaboration platform within a time limit established by EIOPA, EIOPA may, in accordance with Article 16 of Regulation (EU) No 1094/2010 issue a recommendation to the supervisory authority concerned.
Amendment 701 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 58
Article 1 – paragraph 1 – point 58
Directive 2009/138/EC
Article 152b – paragraph 5 b (new)
Article 152b – paragraph 5 b (new)
5b. Where the supervisory authority concerned does not comply with that recommendation within two months, it shall state the reasons including the steps it has taken or intends to take in order to address the concerns of the other supervisory authorities involved. EIOPA shall assess those steps and decide whether they are sufficient and appropriate. In case they are not deemed appropriate, EIOPA shall make its recommendation public, including the name of the undertaking(s) concerned, with those reasons and proposed steps.
Amendment 711 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 60
Article 1 – paragraph 1 – point 60
Directive 2009/138/EC
Article 159a – paragraph 3 – subparagraph 2
Article 159a – paragraph 3 – subparagraph 2
After the conclusion of the joint on-site inspection, the supervisory authorities concerned shall reach joint conclusions, including the recommended supervisory actions, within two months. The supervisory authority of the home Member State shall take into account such joint conclusions when deciding on the adequate supervisory responses.
Amendment 717 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 61 – point c
Article 1 – paragraph 1 – point 61 – point c
Directive 2009/138/EC
Article 212 – paragraph 3 – subparagraph 1 a (new)
Article 212 – paragraph 3 – subparagraph 1 a (new)
Where the undertakings referred to in the first subparagraph do not have their head office in the same Member State, Member States shall ensure that only the national supervisory authority acting as group supervisor in accordance with Article 247 may conclude, after consulting other supervisory authorities concerned, that such undertakings form a group based on its opinion that those undertakings are managed on a unified basis.
Amendment 721 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 61 – point c
Article 1 – paragraph 1 – point 61 – point c
Directive 2009/138/EC
Article 212 – paragraph 5 – point c a (new)
Article 212 – paragraph 5 – point c a (new)
(ca) evidence of coordinated and consistent strategies, operations or processes between two or more undertakings, including in relation to insurance distribution channels, insurance products or brands, communication or marketing.
Amendment 723 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 61 – point c
Article 1 – paragraph 1 – point 61 – point c
Directive 2009/138/EC
Article 212 – paragraph 6 – subparagraph 1 (new)
Article 212 – paragraph 6 – subparagraph 1 (new)
6. Where the group fails to designate a parent undertaking in accordance with paragraph 3, second subparagraph, the supervisory authorities shally acting as group supervisor in accordance with Article 247 shall, after having consulted all other supervisory authorities concerned, designate a parent undertaking which is to be responsible for complying with this Title. The other undertakings in such group shall be considered as subsidiary undertakings.
Amendment 725 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 61 – point c
Article 1 – paragraph 1 – point 61 – point c
Directive 2009/138/EC
Article 212 – paragraph 6 – subparagraph 2 – introductory part
Article 212 – paragraph 6 – subparagraph 2 – introductory part
When designating a parent undertaking in accordance with the first subparagraph, the supervisory authoritiesy acting as group supervisor shall consider the following factors:
Amendment 726 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 61 – point c
Article 1 – paragraph 1 – point 61 – point c
Directive 2009/138/EC
Article 212 – paragraph 6 – subparagraph 3
Article 212 – paragraph 6 – subparagraph 3
Amendment 730 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 63
Article 1 – paragraph 1 – point 63
Directive 2009/138/EC
Article 213a – paragraph 1 – point c
Article 213a – paragraph 1 – point c
(c) business underwritten by all insurance and reinsurance undertakings in the scope of the group which have their head offices in Member States other than the Member State of the group supervisor is not higher in aggregate than 5 % of the total annual gross written premium of the group;
Amendment 733 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 63
Article 1 – paragraph 1 – point 63
Directive 2009/138/EC
Article 213a – paragraph 1 – point f a (new)
Article 213a – paragraph 1 – point f a (new)
(fa) The group Solvency Capital Requirement is complied with and a capital add on has not been set;
Amendment 734 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 63
Article 1 – paragraph 1 – point 63
Directive 2009/138/EC
Article 213a – paragraph 1 – point f b (new)
Article 213a – paragraph 1 – point f b (new)
(fb) The group has not been convicted or been under investigations for committing or permitting money laundering or terrorist financing activities as defined in [insert reference to AMLD]
Amendment 745 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 64 – point c
Article 1 – paragraph 1 – point 64 – point c
Directive 2009/138/EC
Article 214 – paragraph 3 – subparagraph 2
Article 214 – paragraph 3 – subparagraph 2
Before excluding the ultimate parent undertaking from group supervision pursuant to paragraph 2, point (b), the group supervisor shall consult EIOPA, and where applicable, other supervisory authorities concerned, and shall assess the impact of exercising group supervision at the level of an intermediate participating undertaking on the solvency position of the group. In particular, such an exclusion shall not be possible if it would result in a material improvement in the solvency position of the group.; The group supervisor shall also reassess at least annually whether its decision remains appropriate.
Amendment 746 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 64 – point c
Article 1 – paragraph 1 – point 64 – point c
Directive 2009/138/EC
Article 214 – paragraph 3 – subparagraph 2 a (new)
Article 214 – paragraph 3 – subparagraph 2 a (new)
In order to enhance a coherent and consistent application of this paragraph, EIOPA shall issue guidelines in accordance with Article 16 of Regulation (EU) No 1094/2010 to further specify the exceptional circumstances referred to in the first subparagraph of this paragraph or the cases where it may be justified to exclude the ultimate parent undertaking, including insurance holding companies, from the scope of group supervision.
Amendment 766 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 79 – point a
Article 1 – paragraph 1 – point 79 – point a
Directive 2009/138/EC
Article 246 – paragraph 1 – subparagraph 4
Article 246 – paragraph 1 – subparagraph 4
The risk management system shall cover at least all insurance and reinsurance activities conducted within the group, as well as material non-insurance activities. It shall also cover the risks stemming from those activities to which the group is or could be exposed, including sustainability risks, and their interdependencies.
Amendment 767 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 79 – point c a (new)
Article 1 – paragraph 1 – point 79 – point c a (new)
Directive 2009/138/EC
Article 246 – paragraph 4 – first sentence (new)
Article 246 – paragraph 4 – first sentence (new)
(ca) in Article 246, the first sentence of paragraph 4 is replaced by the following: "Member States shall require the participating insurance under- taking or reinsurance undertaking, the insurance holding company or the mixed financial holding company to undertake at the level of the group the assessment required by Articles 45. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-20210630) and 45a. " Or. en
Amendment 768 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 79 – point d
Article 1 – paragraph 1 – point 79 – point d
Directive 2009/138/EC
Article 246 – paragraph 5 – subparagraph 4 a (new)
Article 246 – paragraph 5 – subparagraph 4 a (new)
The participating undertaking shall ensure that those persons have sufficient time and resources to perform all their tasks adequately. A policy on the management of the possible conflict of interests emerging from these situations should be established by the participating undertaking.
Amendment 769 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 80
Article 1 – paragraph 1 – point 80
Directive 2009/138/EC
Article 246a – paragraph 2 – subparagraph 1 a (new)
Article 246a – paragraph 2 – subparagraph 1 a (new)
Where the subsidiaries are located in another Member State than the Member State of the participating undertaking, the group supervisor shall transmit the liquidity management plan to the supervisors of the subsidiaries.
Amendment 784 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 91
Article 1 – paragraph 1 – point 91
Directive 2009/138/EC
Article 304a – paragraph 1 – subparagraph 1
Article 304a – paragraph 1 – subparagraph 1
1. EIOPA, after consulting the ESRB, shall assess, on the basis of available data and the findings of the Platform on Sustainable Finance referred to in Article 20 of Regulation (EU) 2020/852 of the European Parliament and of the Council* and the EBA in the context of its work under the mandate set out in Article 501c, point (c), of Regulation (EU) 575/2013 whether a dedicated prudential treatment of exposures related to assets or activinsurance liabilities associated substantially with environmental or social objectives would be justified. In particular, EIOPA shall assess the potential effects of a dedicated prudential treatment of exposures related to assets and activinsurance liabilities which are associated substantially with harm to environmental and/or social objectives or which are associated substantially with harm to such objectives on the protection of policy holders and financial stability in the Union.
Amendment 786 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 91
Article 1 – paragraph 1 – point 91
Directive 2009/138/EC
Article 304a – paragraph 1 – subparagraph 2
Article 304a – paragraph 1 – subparagraph 2
EIOPA shall submit a report on its findings to the Commission by 28 June 2023. Where appropriate, the report shall consider a possible prudential treatment of exposures related to assets and activinsurance liabilities which are associated substantially with environmental or social objectives or which are associated substantially with harm to such objectives and be accompanied by an assessment of the impact of the proposed amendments on insurance and reinsurance undertakings.
Amendment 790 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 91
Article 1 – paragraph 1 – point 91
Directive 2009/138/EC
Article 304a – paragraph 2 a (new)
Article 304a – paragraph 2 a (new)
2a. EIOPA shall evaluate whether and to what extent insurance and reinsurance undertakings assess their material exposure to risks related to biodiversity loss as part of the assessment referred to in Article 45(1). EIOPA shall subsequently assess which actions could be taken in order to ensure that insurance and reinsurance undertakings do so, where necessary, taking into account existing measurement tools. EIOPA shall assess to what extent insurance and reinsurance undertakings’ activities affect biodiversity, including through their investment and underwriting policies. EIOPA shall submit a report on its findings to the Commission by [one year after the entry into force of this amending Directive].
Amendment 793 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 91
Article 1 – paragraph 1 – point 91
Directive 2009/138/EC
Article 304a – paragraph 2 b (new)
Article 304a – paragraph 2 b (new)
2b. EIOPA, EBA and ESMA shall, through the Joint Committee referred to in Article 54 of Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010, develop guidelines to ensure that consistency, long-term considerations and common standards for assessment methodologies are integrated into the stress testing of environmental, social and governance risks. Supervisory stress testing of environmental, social and governance risks should start with environmental-related factors. EIOPA, EBA and ESMA shall, through the Joint Committee referred to in Article 54 of Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010, explore how social and governance related risks can be integrated into stress testing.
Amendment 799 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 95 – point a a (new)
Article 1 – paragraph 1 – point 95 – point a a (new)
Directive 2009/138/EC
Article 308c – paragraph 2
Article 308c – paragraph 2
(aa) in paragraph 2 the third subparagraph is replaced by: "The portion referred to in the first subparagraph shall decrease linearly at the end of each year from 100 % during the year starting from 1 January 2016 to 0 % on 1 January 20320. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-20210630)" Or. en
Amendment 38 #
2021/0240(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) For a smooth decision -making process, the tasks should be clearly divided: the General Board in FIU composition should decide on the relevant measures for FIUs, while the General Board in supervisory composition should decide on delegated acts, guidelines and similar measures for obliged entities. The General Board in supervisory composition should also be able to provide its opinion and advice to the Executive Board on all draft decisions towardsbefore it adopts decisions addressed to individual selected obliged entities proposed by the Joint Supervisory Teams. In absence of such opinion or advice, the decisions should be taken by the Executive Board. Whenever the Executive Board deviates from the advice provided by the General Board in supervisory composition in the final decision, it should explain the reasons thereof in writing.
Amendment 39 #
2021/0240(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) For the purposes of voting and taking decisions, each Member State should have one voting representative. Therefore, the heads of public authorities should either appoint a permanent representative as the voting member of the General Board in supervisory composition. Altern or decide on an ad-hoc representatively, depending on the subject-matter of the decision or agenda of a given General bBoard meeting, public authorities of a Member State may decide on an ad-hoc representative. They should take into account the principle of gender balance in their appointments and particularly regarding the composition of the Board as a body. The practical arrangements related to decision-making and voting by the General Board members in supervisory composition should be laid down in the Rules of Procedure of the General Board, to be developed by the Authority.
Amendment 41 #
2021/0240(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The governing body of the Authority should be the Executive Board composed of the Chair of the Authority and of five full -time members, appointed by the General Board based on thea shortlist drawn up by the Commission, after the approval of the European Parliament. With the aim of ensuring a speedy and efficient decision -making process, the Executive Board should be in charge of planning and execution of all the tasks of the Authority except where specific decisions are explicitly allocated to the General Board. In order to ensure objectivity and appropriate rapidity ofthat the decision-making process in the area of direct supervision of the selected obliged entities is objective and swift, the Executive Board should take all binding decisions addressed to selected obliged entities. In addition, together with a representative of the Commission, the Executive Board should be collectively responsible for the administrative and budgetary decisions of the Authority. The consent of the Commission should be required when the Executive Board is taking decisions related to the budget administration, procurement, recruitment, and audit of the Authority, given that a portion of funding of the Authority will be provided from Union budget.
Amendment 42 #
2021/0240(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) To allow for swift decisions, all decisions of the Executive Board, including the decisions where the Commission has a right to vote, should be taken by simple majority, with the Chair holding a casting vote in case of a tied vote. To ensure sound financial management of the Authority, the Commission’s consent should be required for decisions related to budget, administration and recruitment. The votinghe members of the Executive Board other than the Chair should be selected by the General Board, based on a short-list established by the Commission, after the approval of the European Parliament. In case the Parliament consider the selected candidates do not meet the qualification criteria, the procedure should recommence.
Amendment 45 #
2021/0240(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) To ensure the independent functioning of the Authority the five Members of the Executive Board and the Chair of the Authority should act independently and in the interest of the Union as a whole. They should behave, both during and after their term of office, with integrity and discretion as regards the acceptance of certain appointments or benefits. To avoid giving any impression that a Member of the Executive Board might use its position as a Member of the Executive Board of the AuthorityIn order to avoid a Member of the Executive Board potentially using his or her position to get a high-ranking appointment in the private sector after his term of office and to prevent any post- public employment conflicts of interests, a cooling-off period for the five Members of the Executive Board, including the Chair of the Authority, should be introduced in a way that they do not acquire any role in an obliged entity that that may give rise to any conflict of interests or situations which may objectively be perceived as a conflict of interests.
Amendment 48 #
2021/0240(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The Executive Director of the Authority should be appointed by the Executive Board based on a shortlist from the Commission, after being approved by the European Parliament. The Executive Director of the Authority should be a senior administrative official of the Authority, in charge of the day-to-day management of the Authority, and responsible for budget administration, procurement, and recruitment and staffing.
Amendment 49 #
2021/0240(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) It is necessary to provide the Authority with the requisite human, financial resources and advanced IT tools accompanied by adequate safeguards so that it can fulfil the objectives, tasks and responsibilities assigned to it under this Regulation. In order to ensure that the Authority can respond flexibly to human resource needs, it is in particular appropriate that it has autonomy regarding the recruitment of contract agents. To guarantee the proper functioning of the Authority, funding should be provided by a combination of fees levied on certain obliged entities and a contribution from the Union budget, depending on the tasks and functions. The budget of the Authority should be part of the Union budget, confirmed by the Budgetary Authority on the basis of a proposal from the Commission. The Authority should submit to the Commission a draft budget and an internal financial reg. The contribution from the Union budget is to be decided by the Budgetary Authority through the budgetary procedure. To that end, the Authority should submit to the Commission a statement of estimates. It should also adopt financial rules after consulation for approval. ng the Commission.
Amendment 52 #
2021/0240(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) To ensure that the Authority can also fulfil its tasks as direct and indirect supervisor of obliged entities, an adequate mechanism for the determination and the collection of the fees should be introduced. As regards the fees levied on selected obliged entities and certain non-selected obliged entities, the methodology for their calculation and the process of collection of fees should be developed in a delegated act of the Commission. The methodology should be based on the risk of the directly and indirectly supervised entities as well as their turnover or revenue. The methodology established should ensure sufficient and stable revenue for the Authority and therefore predictability in terms of the contribution from the Union budget. We include sufficient funding so we make a clear indication they need funds.
Amendment 55 #
2021/0240(COD)
Proposal for a regulation
Recital 64 a (new)
Recital 64 a (new)
Amendment 69 #
2021/0240(COD)
Proposal for a regulation
Article 46 – paragraph 2 – subparagraph 1
Article 46 – paragraph 2 – subparagraph 1
The heads of the supervisory authorities referred to in the first subparagraph, point (b) in each Member State shall share a single vote and shall agree onppoint a single common representative for each meeting and voting procedure. That common, either a permanent voting representative shall be theor an ad- hoc voting memberrepresentative for the purposes of thata specific meeting or voting procedure. The public authorities in a Member State may also agree on a single permanent common representative who shall be a permanent voting membery shall take due account of the principles of gender balance when agreeing on the representatives to the General Board. Where items to be discussed by the General Board in supervisory composition concern the competence of several public authorities, the ad-hoc or permanent voting membersingle common representative may be accompanied by a representative from up to two other public authorities, who shall be non-voting.
Amendment 72 #
2021/0240(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. The Chair of the Authority shall be selected on the basis of merit, skills, knowledge, recognised standing and experience in the area of anti-money laundering and countering the financing of terrorism and other relevant qualification, following an open selection procedure which shall respect the principle of gender balance and shall be published in the Official Journal of the European Union. The Commission shall draw up a shortlist of two qualified candidates for the position of the Chair of the Authority. The shortlisted candidates shall be invited to appear before the Council, after approval bynd the competent committees of the European Parliament,. The Council shall adopt an implementing decision to appoint the Chair of the Authority having obtained the consent of the European Parliament. Where the European Parliament is of the opinion that none of the shortlisted candidates sufficiently fulfils the qualifications set out in the first subparagraph, the open selection procedure shall recommence.
Amendment 75 #
2021/0240(COD)
Proposal for a regulation
Article 65 – paragraph 1 a (new)
Article 65 – paragraph 1 a (new)
1a. The fees to be levied shall be calculated in such a way as to ensure sufficient and stable revenue for the Authority.
Amendment 1 #
2021/0227(BUD)
Motion for a resolution
Citation 5 a (new)
Citation 5 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),
Amendment 2 #
2021/0227(BUD)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (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,
Amendment 3 #
2021/0227(BUD)
Motion for a resolution
Citation 5 c (new)
Citation 5 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),
Amendment 4 #
2021/0227(BUD)
Motion for a resolution
Citation 5 d (new)
Citation 5 d (new)
— having regard to the Communication from the Commission of 11 December 2019, on “The European Green Deal” (COM(2019)0640),
Amendment 14 #
2021/0227(BUD)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that the Union budget must be equipped with the tools to enable it to respond to multiple crises simultaneously; reiterates Parliament’s view that the 2022 budget should play a pivotal role in ensuring a positive and tangible impact on citizens’ lives; against this background, supports increases to boost investment with a particular focus on SMEs, strengthen efforts towards the green and digital transitions, as well as to tackle climate change and halting and reversing the decline of biodiversity, give fresh opportunities to young people in particular, build a strong European Health Union; reinforces, further, priorities in the fields of security, migration, fundamental rights, while acknowledging the recent deteriorating situation in external policy and humanitarian aid and the need to be able to react swiftly to the upcoming challenges;
Amendment 19 #
2021/0227(BUD)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Takes note of Council’s position on the DB, cutting EUR 1,43 billion in commitment appropriations for the MFF headings compared to the Commission’s proposal; considers that the cuts proposed by the Council follow the usual top-down approach of implementing an overall arbitrary reduction target, which is neither driven by an objective assessment of implementation trends nor absorption capacities and does not reflect on the multitude of challenges the EU is facing including the severe impact of climate change and the biodiversity crisis; points out the contradiction with core shared policy priorities; concludes that the Council’s position is far from Parliament’s expectations for a recovery budget; decides therefore, as a general rule, to restore appropriations on all lines cut by the Council to the level of the DB, for both operational and administrative expenditure, and to take the DB as the starting point to build its position upon; accepts, however, to enter EUR 1 299 million in both commitment and payment appropriations in 2022 for the Brexit Adjustment Reserve (BAR) as this reflects the political agreement on the BAR Regulation;
Amendment 21 #
2021/0227(BUD)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the dedicated focus in the performance reporting of the European Commission on climate and biodiversity mainstreaming and calls the Commission to further refine and develop the reporting; reminds the Commission to fully involve the European 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 for 2024 can be met effectively; reminds that for the implementation of the Green Deal it is essential that funding from the multiannual financial framework and the NGEU is only awarded for activities which are in line with the ‘do no significant harm’ principle and are consistent with the Paris Agreement goal to limit the temperature rise to under 1.5 degrees Celsius; expects that the next performance report includes details on how the EU budget contributes to the Green Deal, in particular through 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; reminds that the implementation of the principle as regards biodiversity must go beyond the full respect of relevant EU 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 to report the assessment to Parliament;
Amendment 22 #
2021/0227(BUD)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Insists that gender mainstreaming be better reflected in the drafting and implementation of the budget, including through targeted incentives; calls for the systematic and comprehensive collection of data in the context of all EU policies and programmes in order to measure the impact on gender equality; expects the Commission to develop a methodology to measure the relevant expenditure at programme level in the MFF 2021-2027, as soon as possible;
Amendment 23 #
2021/0227(BUD)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Underlines the importance to enhance 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;
Amendment 29 #
2021/0227(BUD)
5. Takes note, in this context, of the recent initiative on a European Health Emergency Preparedness and Response Authority (HERA); expresses deep concern over Parliament's exclusion from the decision-making procedure for establishing such an authority and the lack of proper oversight for its activities, and is strongly opposed to any financing architecture that would redeploy funds away from key objectives and actions initially planned under Horizon Europe, EU4Health and RrescEU which would hinder the implementation of other foreseen activities in the area of health set under these programmes including for example Europe's Beating Cancer Plan; underlines that the timing of such an initiative has not made it possible for Parliament to take it into account in its reading on the 2022 budget; calls for this issue to be addressed during the budgetary conciliation on the 2022 budget;
Amendment 36 #
2021/0227(BUD)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the need to restore the level of the DB for the financing cost of the European Union Recovery Instrument (EURI) to avoid giving a negative signal towards the financial markets, pending any reassessment of forecasted needs by the Commission in conciliation; is of the opinion that any savings should be reallocated in line with the top-ups as defined by the EP; reiterates the European Parliament’s long standing position that the interests of the NGEU should be over and above the MFF ceilings;
Amendment 41 #
2021/0227(BUD)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Stresses that for emergency situations, including those connected to the increasingly severe impact of climate change and in particular extreme weather events such as heat waves, draught, fire or floods, enough resources must be mobilised in the European budget; underlines that fresh allocations need to be made available in the case that the planned resources are not sufficient;
Amendment 43 #
2021/0227(BUD)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that a successful research programme is essential for the Union’s future prosperity; stresses that Horizon Europe, which has very high European added value, will make a critically important contribution to the Green Deal and efforts towards a climate-neutral economy and to tackle climate and biodiversity crisis especially via innovative research in the cluster ‘Climate, Energy and Mobility’ and the cluster ‘Food, Bioeconomy, Natural Resources, Agriculture and Environment’, to a successful digital transition and to the recovery of the Union economy from the pandemic; highlights in particular the need to bolster Union investment in health research, including funding for cancer research; increases, therefore, the allocation of Horizon Europe over the level of the DB by EUR 305 million in commitment appropriations;
Amendment 52 #
2021/0227(BUD)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that the Digital Europe Programme is a vital tool in increasing rates of digitalisation in the Union, thereby leading to significant productivity gains, and in helping to bolster investments in cybersecurity and artificial intelligence; emphasizes the need for additional budgetary appropriations required to finance enhancement of women's digital literacy and skills as well as equal access; recalls the need to support businesses, especially innovative digital SMEs; proposes therefore to increase the amount allocated to the programme by just over EUR 71 million;
Amendment 57 #
2021/0227(BUD)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Supports increases to the various strands of the Single Market Cluster by a total amount of just over EUR 37 million in commitment appropriations above the level of the DB; draws particular attention to the need to significantly increase the line dedicated to improving the competitiveness of enterprises and their access to markets, in particular considering the severe and long-lasting consequences of the health crisis on SMEs and startups as well as supporting SMEs, which form the backbone of the European economy, with the tremendous challenges of the dual green and digital transitions;
Amendment 60 #
2021/0227(BUD)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates its long-standing request for a dedicated budget line and allocation for tourism, particularly considering the severe contraction that the sector has experienced as a result of the COVID-19 pandemic; acknowledges that several EU programmes contribute to the long-term competitiveness and sustainability of the sector, but strongly believes that an EU tourism programme would ensure more coordinated, visible, sustainable and transparent action;
Amendment 61 #
2021/0227(BUD)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Decides to create a reserve conditional on further improvements in the governance of the International Accounting Standards Board operating under the International Financial Reporting Standards Foundation in line with the demands contained in the European Parliament resolution of 7 June 2016 (2016/2006(INI)); decides to create a reserve for the European Banking Authority (EBA) in light of the serious deficiencies and shortcomings identified by the European Court of Auditors (ECA) in its Special Report 13/2021 as regards the lack of sufficient action in the area of anti-money laundering / counter terrorist financing until the ECA recommendations are fully complied with;
Amendment 65 #
2021/0227(BUD)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Reinforces the European Union Agency for Railways (ERA), in line with the identified needs of this agency, to ensure it can adequately fulfil its role in supporting the transition towards the decarbonisation of transporta comprehensive modal shift towards rail, ensuring among others the completion of rail missing links, particularly cross-border, and its full decarbonisation also for segments where direct electrification is complex, and to overall ensure a level playing-field with other modes;
Amendment 78 #
2021/0227(BUD)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Highlights the relevance of increasing the Union Civil Protection Mechanism (rescEU) by EUR 10 million, in particular in relation to the natural disasters in Europe, to enhance the protection of EU citizens and strengthen preparedness in the event of future disasters due to climate change, which are likely to occur more often and in a more sever manner due to climate change; stresses therefore the need to invest in climate mitigation and adaptation for particularly vulnerable regions and build back better;
Amendment 80 #
2021/0227(BUD)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Proposes, further, a reinforcement to the Culture strand of the Creative Europe Programme by EUR 10 million to support Europe’s cultural and creative sectors and creative industry, particularly hit by the COVID-19 crisis, in the recovery;
Amendment 82 #
2021/0227(BUD)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses the crucial role of the Citizens, Equality, Rights and Values Programme to strengthen European citizenship and democracy, equality and gender equality and the rule of law in the Union, as well as to support victims of gender-based violence, and insists that additional appropriations are required to support these objectives; increases the Justice Programme to offset the proposed cut to finance increased tasks for the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) under the e- CODEX proposal;
Amendment 85 #
2021/0227(BUD)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Deems it necessary to increase appropriations for the Turkish Cypriot Community budget line for the purpose of contributing decisively to the continuation and intensification of the mission of the Committee on Missing Persons in Cyprus, the wellbeing of Maronites wishing to resettle and that of all enclaved persons as agreed in the 3rd Vienna Agreement, and of supporting the bicommunal Technical Committee on Cultural Heritage, therebywith the aim of promoting trust and reconciliation between the two communities;
Amendment 88 #
2021/0227(BUD)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Recalls the important role played by the decentralised agencies active under this Sub-heading; decides to increase funding for the European Union Agency for Fundamental Rights (FRA), the European Agency for Safety and Health at Work (EU-OSHA) and the European Union Agency for Criminal Justice Cooperation (Eurojust) in line with the identified needs of those agencies; decides, also, to apply targeted reinforcements to the European Public Prosecutor’s Office (EPPO) to allow the body to fulfil its duties in line with the requirements to fulfil its mandate; increases, further, staffing levels for the European Medicines Agency (EMA), FRA, Eurojust and EPPO; emphasizes also the importance to further assess and possibly further increase the needs of EU agencies dealing with the impacts of the health crisis in the future, in particular of the European Centre for Disease Prevention (ECDC) in light of the updated founding regulation;
Amendment 98 #
2021/0227(BUD)
Motion for a resolution
Paragraph 30
Paragraph 30
30. RStresses the urgent need to act on climate change as underlined by the latest IPPC report published on 9 August 2021; recalls, the importance of the LIFE programme in supporting and underpinning climate action and environmental protection; calls for the level of in the Union; reinforces budgetary support for LIFE to be increased across the various programme strands by 25% above DB; highlights that any annual reinforcement for the LIFE programme will imply progress towards the mainstreaming targets and ambitions in the areas of climate and biodiversityby EUR 171 million (25% above DB) across the various programme strands;
Amendment 100 #
2021/0227(BUD)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Stresses the need to significantly increase the budget of the European Environment Agency to provide sufficient financial and staff resources to enable full implementation of the European Green Deal and its related polici, the Fit for 55 package and the Biodiversity 2030 Strategy and their related policies and to achieve the goal of climate neutrality by 2050 at the latest; underlines that the reinforcement for the European Environment Agency should not be financed from the LIFE programme, which has not been intended by the co-legislators for such purposes;
Amendment 113 #
2021/0227(BUD)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Strongly objectReverses tohe Council’s cuts to the European Border and Coast Guard Agency (Frontex) as the agency must be adequately equipped to enable it to deliver in all areas of responsibility falling under its new mandate; decides, however, to place EUR 90 000 000 into the reserve subject to the recruitment of the remaining 20 fundamental rights monitors at AD grade, the recruitment of the three deputy executive directors and the adoption of a procedure for the implementation of Article 46 of Regulation 2019/18969 ; _________________ 9Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
Amendment 123 #
2021/0227(BUD)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Emphasises that at a time when external challenges and matters of international politics are gaining importance in international politics, the Union must ensure that the external dimension of its budget is appropriately funded and prepared to respond without delay to current, emerging as well as future challenges, including those connected to climate change and health crises; insists on focussing supporting on agreed priorities under the Neighbourhood, Development and International Cooperation Instrument – Global Europe (NDICI-Global Europe) and Instrument for Pre-Accession Assistance (IPA III); stresses the need for sufficient funding to facilitate the planning and implementation of the EU’s global connectivity agenda; emphasises the importance of including concrete connectivity projects and investments in the programming process for the 2021- 2027 MFF; underlines the need to increase funding to UNRWA in light of the crucial role it plays in protecting and ensuring the essential needs and human development of Palestine refugees; emphasizes that the proposed increase is dedicated to ensure the predictable funding to UNRWA;
Amendment 132 #
2021/0227(BUD)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Expresses deep concern about the ongoing situation in Afghanistan; believes that the humanitarian aid budget for Afghanistan and neighbouring countries should be significantly increased to support and protect vulnerable Afghans and their families;, in particular women and girls, as well as internally displaced people and refugees, and to enhance resettlement; demands that, unless the respect for human rights and especially the rights of women and girls can be guaranteed, insists that development assistance to the Afghan regime remains suspended and is redirected towards and limited to independent development and humanitarian organisations in line with EU external action objectives, given the expected needs to be financed by the Solidarity and Emergency Aid Reserve, both internally and externally, that might lead to financial shortcomings, decides to reinforce the funding of the humanitarian aid by 20%;
Amendment 137 #
2021/0227(BUD)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Stresses the need to support developing countries in improving their health systems and accessing COVID-19 vaccines, particularly through the COVAX initiative; decides, therefore, to earmark the amount of EUR 1 billion under the emerging challenges and priorities cushion of NDICI-Global Europe to this effect, as well as a further EUR 100 million under the line “People - Global Challenges”; requests that Member States fulfil the COVAX pledges already made and invites them to commit additional EUR 2 billion, either to COVAX or in vaccine doses, inby the first semester of 2022;
Amendment 139 #
2021/0227(BUD)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Highlights the Union’s global support efforts for refugees and recalls the important role played by Turkey and the other host countries in welcoming refugees from Syria; reaffirms that the Union and its Member States must continue to provide effective and monitored aid to Syrian refugees in host countries; emphasises that the future funding for the needs of the Syrian refugees was not factored in the MFF or NDICI-Global Europe negotiations and should therefore not be borne by the programmed instruments, including the NDICI-Global Europe cushion, as the package in favour of refugees from Syria is not responding to a new crisis or unforeseen needs; requests that any successor of the EU Facility for Refugees in Turkey (FRT) shall be financed by fresh appropriations and by additional contributions from the Member States and should be accompanied by the corresponding revision of the MFF regulation to increase the ceiling of Heading 6 in order to reflect the actual financial needs for the EU external actions; calls for greater transparency regarding human rights-related provisions in financing agreements and a clarification of the mechanism and criteria for the suspension of such agreements in the event of a breach of human rights, democratic principles and the rule of law and in serious cases of corruption; calls on the Commission to strictly refrain from using budget support to third countries’ governments as an operational modality in countries witnessing widespread violations of human rights;
Amendment 153 #
2021/0227(BUD)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Stresses that, given the new legislative proposals and strategic initiatives arising from the European Green Deal goals, such as the Fit for 55 package, the Biodiversity Strategy, Chemical Strategy for Sustainability and increased Union spending due to NGEU and the Recovery and Resilience Facility, some services, in particular the Commission’s Directorate-General for Environment and the European Anti-Fraud Office (OLAF), will need staff reinforcements; asks the Commission as honest broker to reassess these needs promptly and to propose thesadequate reinforcements in its Amending letterduring the conciliation, without undermining the actual human resources level in its other services;
Amendment 155 #
2021/0227(BUD)
Motion for a resolution
Paragraph 49 a (new)
Paragraph 49 a (new)
49 a. Stresses the need to dedicate more capacity for mandatory trainings and initiatives to foster gender equality and fight gender bias, including harassment;
Amendment 29 #
2021/0213(CNS)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The objective of energy taxation is primarily environmental as an instrument to shift consumption and investment patterns. A secondary but important objective includes revenue-raising. Seeking other policy objectives through energy taxation might lower its primary and secondary objectives. Energy taxation is not a redistributive policy instrument, although it can have such an impact.
Amendment 32 #
2021/0213(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) It is necessary to ensure that clear taxation rules for energy products and electricity continue to contribute to the smooth functioning of the internal market while at the same time tackling the climate and environmental-related challenges in the context of the Communication from the Commission ‘The European Green Deal’28 and legislative proposals stemming therein. Energy taxation canshould contribute to the ambition of at least 55 % reduction in net greenhouse gas emissions by 2030 compared to 1990,reduce greenhouse gas emissions in line with the Climate Law, the achievement of the renewable and energy efficiency targets as well as to the objective of zero pollution through the implementation of the polluter-pays principle, by ensuring that the taxation of motor fuels, heating fuels and electricity betterthoroughly reflects the impact they have on the environment and on health, health and biodiversity. The contribution of energy taxation to those objectives has been endorsed by the Council Conclusions on the EU energy taxation framework29 . __________________ 28COM(2019) 640 final of 11 December 2019. 29 14861/19 of 5 December 2019.
Amendment 34 #
2021/0213(CNS)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) It is essential that this Directive implements the principles stemming from the Union strategy on energy system integration, hence reflecting in its provisions the cascading priority to first promote energy efficiency and savings throughout the economy, subsequently direct renewable electrification and for those applications that cannot be abated by other means the use of sustainable, renewables based fuels as well as enhance used of heat and storage to foster further integration across sectors, thus supporting the energy transition and boosting citizen participation while keeping costs for European authorities and European citizens within affordable limits.
Amendment 39 #
2021/0213(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) Environmental taxation can beis a cost- effective mean for the Union and Member States to become energy independent and achieve the targeted reductions of greenhouse gasses, improve energy savings and energy efficiency, while spurring the uptake of renewable energy source. The proper functioning of the internal market requires common rules on that taxation.
Amendment 42 #
2021/0213(CNS)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) The revision of the Council Directive, restructuring the Union framework for the taxation of energy products and electricity and the revision of Directive 2003/87/EC have to be better aligned to guarantee effective carbon pricing throughout the Union and across sectors. A minimum carbon price, introduced through this revised Council Directive, would complement the reform of the European Emission Trading System and would help achieving the European Union 2030 climate targets in a cost efficient way.
Amendment 43 #
2021/0213(CNS)
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) The introduction of a minimum carbon price in this revised Council Directive will allow the deduction of the carbon price established in the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/EC to avoid double taxation.
Amendment 48 #
2021/0213(CNS)
Proposal for a directive
Recital 6
Recital 6
(6) Appreciable differences in the national levels of energy taxation applied by Member States could prove detrimental to the proper functioning of the internal market as well as to the achievement of the climate and energy goals. The European Court of Auditors also identified that the level of taxation of energy sources does not reflect their greenhouse gas emissions in the European Union. In addition, the price of energy products did not reflect the environmental cost of emissions.
Amendment 63 #
2021/0213(CNS)
Proposal for a directive
Recital 12
Recital 12
(12) In order to ensure a smooth implementation of certain provisions relating to some products or uses, a transitional period of application ismay be needed.
Amendment 68 #
2021/0213(CNS)
Proposal for a directive
Recital 14
Recital 14
(14) Fiscal arrangements made in connection with the implementation of this Union framework for the taxation of energy products and electricity are a matter for each Member State to decide. In this regard, Member States might decide not to increase the overall tax burden if they consider that the implementation of such a principle of tax neutrality could contribute to the restructuring and the modernisation of their tax systems by encouraging behaviour conducive to greater protection of the environment and increased labour use, including by spurring energy efficiency renewable energy uptake, and increased labour use. It is strongly encouraged to design the tax system in such a way that the potential regressive nature of the energy taxation directive is minimised and where necessary compensated through a strong progressivity of the tax system, along with redistributive policies.
Amendment 69 #
2021/0213(CNS)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) The average welfare impacts of this Directive are estimated to be very limited across all Member States. Electricity constituting a larger share of expenditure of lower-income households, the electricity tax rate reductions set out in this Directive have substantially progressive impacts across the EU-wide distribution and the distribution within all Member States that would need to apply them.
Amendment 70 #
2021/0213(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) Energy prices are key elements of energy, transport and environment policies in the Union. In the contexts of high energy prices due to volatility in international fossil fuels markets, Member States could mitigate the increase in retail prices for vulnerable households and microenterprises by, among others, reducing taxes and levies in consumers’ energy bills, as foreseen by the Electricity Market Directive (Directive (EU) 2019/944) as also recalled in the Communication from the European Commission “Tackling rising energy prices: a toolbox for action and support”.
Amendment 79 #
2021/0213(CNS)
Proposal for a directive
Recital 18
Recital 18
(18) Energy products used as a motor fuel for certain purposes and those used as heating fuel are normally taxed at lower levels than those applicable to energy products used as a propellant. Electricity should always be among the least taxed energy sources in view of fostering its use, notablyincluding in the transport sector and heating and cooling. To that purpose, Member States should endeavour to apply the same level of taxation to electricity used to charge electric vehicles as for heating and cooling purposes during the necessary time following the entry into force of this Directive.
Amendment 88 #
2021/0213(CNS)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) The climate impact of aviation has been long established by the scientific community, and in particular by the IPCC at least since its 1999 Special report on Aviation and the Global Atmosphere1a. Unlike other greenhouse-emitting sectors, aviation has moreover experienced a major increase in its volume and therefore its aggregated emissions have doubled in the last three decades, and with a nearly 28% increase since 2013 only in Europe. Recent data suggest that at least half of all these emissions are generated by 1% of the world’s population only, and mainly by the highest incomes. A recent EASA study1b moreover points out that the non-CO2 emissions might have a clime impact at least twice as big as the CO2 emissions alone. The composition of the fossil fuel widely used nowadays in the sector is mainly responsible for these climate impacts, and there is therefore an urgent need for their internalisation through adequate taxation. Finally establishing a jet fuel tax on intra-EU flights should be an additional disincentive to the operation of the so-called “ghost flights”, complementing necessary measures to be taken further in the airport slots regulation revision that effectively prevent the operation of such empty or quasi- empty flights. __________________ 1aIPCC Special report: Aviation and the Global Atmosphere (1999) https://www.unep.org/resources/report/ipc c-special-report-aviation-and-global- atmosphere. 1b Report from the Commission to the European Parliament and the Council: Updated analysis of the non-CO2 climate impacts of aviation and potential policy measures pursuant to EU Emissions Trading System Directive Article 30(4) https://www.easa.europa.eu/document- library/research-reports/report- commission-european-parliament-and- council.
Amendment 91 #
2021/0213(CNS)
Proposal for a directive
Recital 21
Recital 21
(21) The Union and the Member States have concluded multilateral agreements regarding air services and air transport, or bilateral agreements with third countries. Those agreements include provisions related to the taxation of aviation fuel based on an interpretation of the original provisions of the Chicago Convention on Civil Aviation1a, which in 1944 established the basis of ICAO, as the only explicit restriction to fuel taxation in its Article 24 refers to fuel already present in the tank when landing, in order to avoid double taxation, but not explicitly on additionally refuelled content. Aviation fuel has traditionally had a privileged tax regime. The need to pursue the objectives of the Directive requires that, without prejudice to those international agreements, energy products and electricity supplied for intra-EU air navigation, except cargo-only flights should be taxed. The should be taxed. In future revisions of such international aviation agreements, the current loopholes allowing for jet fuel tax exemptions for the fuel used by cargo-only flights is still needed in the absence of more efficient alternatives.flights departing from or arriving at Union airports should be eliminated. __________________ 1aChicago Convention on Civil Aviation: https://www.icao.int/publications/pages/do c7300.aspx
Amendment 96 #
2021/0213(CNS)
Proposal for a directive
Recital 22
Recital 22
(22) In order to ensure a smooth implementation of this Directiveproper internalisation of the real costs of aviation sector, enabling a level-playing field with other transport modes, the minimum levels of taxation for motor fuels used for intra-EU non-business and non- pleasure flights wshould be reached over a transitional period of ten years, whereas sustainable alternative fuels and electricity would be subject to a zero minimum rate for ten yearsimplemented immediately, whereas advanced biofuels, RFNBOs and electricity would be subject to a zero minimum rate for ten years, including electricity supplied for stationary functioning and electric taxiing operations on the ground. Energy products and electricity used for intra-EU business aviation and pleasure flights should be subject to the standard levels of taxation applicable to motor fuels and electricity in the Member States. Cargo flights should be subject to the same obligations as other flights, in order not to generate a further distortion of the level- playing field, which would ultimately hinder the objective of a modal shift to rail, also for freight, as set by the Sustainable and Smart Mobility Strategy1a. __________________ 1aSustainable and Smart Mobility Strategy.: https://ec.europa.eu/info/law/better- regulation/have-your- say/initiatives/12438-Sustainable-and- Smart-Mobility-Strategy_en.
Amendment 100 #
2021/0213(CNS)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) According to the IPCC report ‘The Ocean and Cryosphere in a Changing Climate’, the global ocean has warmed unabated since 1970 and has taken up more than 90% of the excess heat in the climate system and by absorbing more CO2, the ocean has undergone increasing surface acidification and a loss of oxygen has occurred from the surface to 1000 m. According to data from IMO and FAO, globally, fishing vessels (including inland vessels) consumed 53.9 million tonnes of fuel in 2012, emitting 172.3 million tonnes of CO2, (equivalent to 0.5% of total global CO2 emissions that year), while aquaculture accounted for approximately 0.45% of global GHG emissions in 2013.
Amendment 104 #
2021/0213(CNS)
Proposal for a directive
Recital 23
Recital 23
(23) Fuel used for waterborne navigation, including fishing, should also be taxed, and the Member States party to international agreements providing for the exemption of that fuel, have to, by the date of the application of this Directive, ensure they eliminate the incompatibilities. It is necessary to allow for a different level of taxation to be applied to the use of energy products and electricity for intra-EU waterborne regular service navigation, fishing and freight transport and their respective at berth activities. Considering the specificity of those uses, the minimum levels of taxation should be lower than the ones applicable to general motor fuel use. Particularly for cargo ships, the taxation levels should provide incentives for the uptake of technological innovation enabling the assistance of wind power in order to significantly improve the energy performance of the vessel. In order to provide an incentive to the use of sustainable alternative fuels and electricity, including full electrification at berth, such fuels and electricity should be exempted from taxation for ten years. Energy products and electricity used for the remaining intra-EU waterborne navigation should be subject to the standard levels of taxation applicable to motor fuels and electricity in the Member States.
Amendment 109 #
2021/0213(CNS)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Fuel subsidies perform poorly in terms of increasing incomes for fishers, and ‘fossil fuel subsidies represent an obstacle in reaching climate goals because they hinder the green energy transition’, according to the conclusion of the ECA review 01/2022.
Amendment 114 #
2021/0213(CNS)
Proposal for a directive
Recital 24
Recital 24
(24) For extra-EU air navigation, without prejudice to current international obligations which should be consequently reviewed, and for extra-EU waterborne navigation, including fishing, Member States may exempt or apply the same levels of intra- EU taxation, according to the type of activity.
Amendment 117 #
2021/0213(CNS)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) Ending fuel tax exemptions in the fisheries sector should not result in a burden for small-scale fisheries. Member States should invest the revenues generated by fuel taxes in the fisheries sector to fund projects aimed at strengthening small-scale fisheries' resilience and position in the value chain and at facilitating the transition of small- scale fisheries to energy-efficient vessels using sustainable renewable energy.
Amendment 119 #
2021/0213(CNS)
Proposal for a directive
Recital 25
Recital 25
(25) Member States should be permitted to apply certain other exemptions or reduced levels of taxation, where that will not be detrimental to the environmental, energy, climate and just transition objectives, to the proper functioning of the internal market and will not result in distortions of competition.
Amendment 122 #
2021/0213(CNS)
Proposal for a directive
Recital 26
Recital 26
(26) In particular, highly efficient combined heat and power generation and, in order to promote the use of alternative energy sources,sustainable renewable forms of energy they may qualify for preferential treatment.
Amendment 125 #
2021/0213(CNS)
Proposal for a directive
Recital 27
Recital 27
(27) Temporary targeted reductions in the tax level may prove necessary tocould give incentive to energy inctentsivise the achievement of environmental protection objectives ande industries, SMEs and start-ups to achieve the green transition of the Union productive sector. Such reductions should be conditional to the improvlements in energy ation of specific measures by benefficiency of the Union productive sectoraries towards achieving circular, zero pollution, highly energy efficient and renewable based operations.
Amendment 129 #
2021/0213(CNS)
Proposal for a directive
Recital 28
Recital 28
(28) Targeted reductions in the tax level may prove necessary to tackle the social impact of energy taxes. An exemption from taxation may temporarily prove necessary to protect vulnerable households. Tax exemptions could be a temporary alleviation, as structural responses are required to eradicate the phenomena in the first place. For instance building renovations is a key response to reduce energy consumption and alleviate energy poverty and vulnerability. The benefits of overall lower energy bills, not only on its tax portion, are even more relevant in a context of high energy prices. People living in worst-performing buildings and those facing energy poverty would benefit from renovated and better buildings and from reduced energy costs, and be buffered from further market price increases and volatility.
Amendment 134 #
2021/0213(CNS)
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) To empower citizens and consumers in the energy transition, and facilitate investment in energy efficiency and renewable energy sources, taxation should incentivise local self-production, storage, sharing, and consumption of renewable energy, both individually and jointly. In this way, renewable energy communities, as an organisational concept aimed at allowing households, including vulnerable and poor ones, SMEs, start-ups and local authorities to collaborate to take ownership in the energy transition, should also be promoted.
Amendment 142 #
2021/0213(CNS)
Proposal for a directive
Recital 29
Recital 29
(29) In view of the financial, economic and, environmental and protection of human health effects on each Member State, such as the need of electrification of the transport and heating and cooling sectors, it is necessary to provide for a procedure authorising the introduction by Member States, for a set period, of other exemptions or reduced levels of taxation. For reasons of protection of environment and human health, including the reduction of air pollution, it is necessary to provide for a procedure authorising the introduction by Member States, for a set period, of specific increased rates. Such authorisation, following a justified request by Member States and on a proposal from the Commission, should be adopted by means of a Council implementing decision in accordance with Article 291 of the TFEU. Such measures should be under regular review.
Amendment 154 #
2021/0213(CNS)
Proposal for a directive
Recital 36
Recital 36
(36) Every five years and for the first time fivthree years after the entry into force of this Directive, the Commission should report to the European Parliament and the Council on the application of this Directive, examining in particular the minimum levels of taxation which should be increased or expanded to reflect further the carbon content and air pollution component of energy products, taking into account the impact of the Emission Trading System on carbon pricing, and whether this Directive sufficiently contributes to meaningful carbon pricing inducing behavioural change, the impact on reduction of greenhouse gases taking into account the advice of the European Scientific Advisory Board on Climate Change, the impact of innovation and technological developments, especially as regards energy efficiency, the use of electricity in transport and the justification for the exemptions, reductions and differentiations laid down in this Directive. The report should take into account the proper functioning of the internal market, environmental, biodiversity and social considerations, the real value of the minimum levels of taxation and the wider relevant objectives of the Treaties.
Amendment 160 #
2021/0213(CNS)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
Amendment 162 #
2021/0213(CNS)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2 a (new)
Article 1 – paragraph 2 – subparagraph 2 a (new)
Unless otherwise specified, the provisions of this Directive shall apply both to CO2- related taxation and to general energy consumption taxation.
Amendment 164 #
2021/0213(CNS)
Proposal for a directive
Article 2 – paragraph 4 – subparagraph 1 – introductory part
Article 2 – paragraph 4 – subparagraph 1 – introductory part
Taxable products, referred to in paragraphs 1 and 3, produced or derived from biomass are subject under fiscal control to the specific levels of taxation set out for those products in accordance with this Directive, provided that they fulfil either of following criteriaon:
Amendment 165 #
2021/0213(CNS)
Proposal for a directive
Article 2 – paragraph 4 – subparagraph 1 – point a
Article 2 – paragraph 4 – subparagraph 1 – point a
(a) the sustainability and greenhouse gas saving criteria set out in Article 29 of Directive (EU) 2018/2001, excluding high indirect land-use change-risk products set out in Article 26(2) of that Directive;
Amendment 168 #
2021/0213(CNS)
Proposal for a directive
Article 2 – paragraph 4 – subparagraph 1 – point a a (new)
Article 2 – paragraph 4 – subparagraph 1 – point a a (new)
(aa) are not high indirect land-use change-risk products set out in Article 26(2) of Directive (EU) 2018/2001;
Amendment 169 #
2021/0213(CNS)
Proposal for a directive
Article 2 – paragraph 4 – subparagraph 2
Article 2 – paragraph 4 – subparagraph 2
Amendment 170 #
2021/0213(CNS)
Proposal for a directive
Article 2 – paragraph 5 – point b
Article 2 – paragraph 5 – point b
(b) ‘low-carbon fuels’ shall mean low- carbon hydrogen and synthetic gaseous and liquid fuels the energy content of which is derived from low-carbon hydrogen, as well as any fossil-based fuels, which meet the technical screening criteria for determining the conditions under which a specific economic activity qualifies as contributing substantially to climate change mitigation according to Article 10 of Regulation (EU) 2020/852 of the European Parliament and of the Council36 and Annex I to Delegated Regulation (EU) […]/[…]37 . ‘Recycled Carbon Fuels’, as defined by Article 2(35) of Directive (EU) 2018/2001, shall be included in this category. __________________ 36Regulation (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) 37 Commission Delegated Regulation (EU) […]/[...] supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to climate change mitigation or climate change adaptation and for determining whether that economic activity causes no significant harm to any of the other environmental objectives, C'low-carbon fuels’ as defined in [Directive on common rules for the internal markets in renewable and natural gases and in hydrogen COM/2021/2800 final (OJ […], p.[…]).3]. __________________
Amendment 175 #
2021/0213(CNS)
Proposal for a directive
Article 3 – paragraph 1 – point b – indent 2 – paragraph 1
Article 3 – paragraph 1 – point b – indent 2 – paragraph 1
An energy product has a dual use when it is used both as heating fuel and for purposes other than as motor fuel and heating fuel. The use of renewable energy products for chemical reduction and in electrolytic and metallurgical processes, when energy products are used directly in or to provide a direct energy input to the process, or their consumption is connected to the process, shall be regarded as dual use,
Amendment 176 #
2021/0213(CNS)
Proposal for a directive
Article 3 – paragraph 1 – point b – indent 3
Article 3 – paragraph 1 – point b – indent 3
– renewable electricity used principally for the purposes of chemical reduction and in electrolytic and metallurgical processes, when renewable electricity is used directly in or to provide a direct energy input to the process, or its consumption is connected to the process,
Amendment 181 #
2021/0213(CNS)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The levels of taxation which Member States shall apply to the energy products and electricity listed in Article 2 may not be less than the minimum levels of taxation prescribed by this Directive, those being the sum of the energy component rate and the carbon component rate which is derived from the minimum carbon price indicated in Annex I to this Directive.
Amendment 183 #
2021/0213(CNS)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. For the purpose of this Directive ‘level of taxation’ is the total charge levied in respect of all indirect taxes (except VAT) including the carbon price established in the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/EC, calculated directly or indirectly on the quantity of energy products and electricity at the time of release for consumption.
Amendment 202 #
2021/0213(CNS)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Without prejudice to Article 5(2), when a transitional period is applicable as provided for in Table A of Annex I, the increase in the minimum levels of taxation shall be fixed at one tenth per year until 1 January 2033. For low-carbon fuels, the minimum level of taxation set for the first year of the transitional period shall apply until 1 January 2033.
Amendment 208 #
2021/0213(CNS)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 211 #
2021/0213(CNS)
Proposal for a directive
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
Amendment 217 #
2021/0213(CNS)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Without prejudice to Article 5(2), when a transitional period is applicable as provided for in Table C of Annex I, the increase in the minimum levels of taxation shall be fixed at one tenth per year until 1 January 2033. For low-carbon fuels, the minimum level of taxation set for the first year of the transitional period shall apply until 1 January 2033.
Amendment 226 #
2021/0213(CNS)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. By derogation from paragraph 1, Member States may, for reasons of environmental, climate and energy policy, subject the products referred to in paragraph 1 to taxation without having to respect the minimum levels of taxation laid down in this Directive. In such case, the taxation of those products shall replicate the ranking between the minimum levels of taxation as laid down in Annex I and shall not be taken into account for the purposes of satisfying the minimum level of taxation on electricity laid down in Article 10.
Amendment 229 #
2021/0213(CNS)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 3
Article 14 – paragraph 1 – subparagraph 3
Amendment 231 #
2021/0213(CNS)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 5
Article 14 – paragraph 1 – subparagraph 5
For the purposes of this Article, ‘business aviation’ shall mean the operation or use of aircraft by companies or individuals for any purposes, including the carriage of passengers, cargo or goods as an aid to the conduct of their business, flown for purposes generally considered not for public hire and piloted by individuals having, at the minimum, a valid commercial pilot license with an instrument rating.
Amendment 232 #
2021/0213(CNS)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 237 #
2021/0213(CNS)
Proposal for a directive
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
Member States may apply under fiscal control total or partial exemptions to electricity supplied to stationary aircrafts, as well as for the purpose of autonomous electric taxiing by aircrafts, or to electric ground vehicles assisting in pushback and towing operations.
Amendment 239 #
2021/0213(CNS)
Proposal for a directive
Article 14 – paragraph 5 – subparagraph 2
Article 14 – paragraph 5 – subparagraph 2
For the purposes of the first subparagraph, ‘electricity supply to stationary aircraft’ shall mean the supply of electricity through a standardised fixed or mobile interface to aircraft when stationed at the gate or at an airport outfield position.
Amendment 241 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Without prejudice to Article 5, Member states shall apply, as a single use, under fiscal control not less than minimum levels of taxation as set out in Tables BA and D of Annex I to energy products supplied for use as fuel to vessels, and to electricity used directly for charging electric vessels, for the purposes of intra-EU waterborne regular service navigation, fishing and freight transport.
Amendment 247 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
For the purposes of the first subparagraph, electricity shall be ranked among motor fuels indicated in Table BA of Annex I.
Amendment 251 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 3
Article 15 – paragraph 1 – subparagraph 3
Over a transitional period of ten years, minimum rates of zero shall apply to sustainable biofuels and biogas, low- carbon-fuels, renewable fuels of non- biological origin, advanced sustainable biofuels and biogas and electricity set out in Tables A and D of Annex I.
Amendment 253 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 4
Article 15 – paragraph 1 – subparagraph 4
For the purposes of this Article, ‘intra-EU waterborne navigation’ shall mean navigation between twoarriving to or departing from a ports located in the Union, including domestic navigation.
Amendment 259 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member states may exempt or apply the same levels of taxation applied for intra-EU waterborne navigation to extra-EU waterborne navigation according to the type of activity.
Amendment 261 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
5. Member States mayshall apply under fiscal control total or partial exemptions to electricity directly supplied to vessels berthed in ports or vessels’ mobile batteries recharged at berth.
Amendment 267 #
2021/0213(CNS)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
Without prejudice to other Union provisions, Member States mayshall apply under fiscal control exemptions or reductions in the level of taxation to:
Amendment 268 #
2021/0213(CNS)
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) taxable products used under fiscal control in the field of pilot projects for the technological development of more environmentally-friendly products or in relation to fuels from renewable resourcesustainable renewable energy-based products;
Amendment 269 #
2021/0213(CNS)
Proposal for a directive
Article 16 – paragraph 1 – point b – introductory part
Article 16 – paragraph 1 – point b – introductory part
(b) renewable electricity:
Amendment 270 #
2021/0213(CNS)
Proposal for a directive
Article 16 – paragraph 1 – point b – indent 3
Article 16 – paragraph 1 – point b – indent 3
Amendment 271 #
2021/0213(CNS)
Proposal for a directive
Article 16 – paragraph 1 – point b – indent 4
Article 16 – paragraph 1 – point b – indent 4
Amendment 272 #
2021/0213(CNS)
Proposal for a directive
Article 16 – paragraph 1 – point b – indent 5
Article 16 – paragraph 1 – point b – indent 5
– generated from fuel cells powered by renewable fuels of non-biological origin;
Amendment 273 #
2021/0213(CNS)
Proposal for a directive
Article 16 – paragraph 1 – point b – indent 5 a (new)
Article 16 – paragraph 1 – point b – indent 5 a (new)
– energy from renewable sources that are produced, consumed, stored, or shared by renewables self-consumers, jointly acting renewables self-consumers and final household and SMEs customers that participate as a member or shareholder in a renewable energy community, as defined in Directive (EU) 2018/2001;
Amendment 275 #
2021/0213(CNS)
Proposal for a directive
Article 16 – paragraph 1 – point b – paragraph 1
Article 16 – paragraph 1 – point b – paragraph 1
Member States may also refund to the producerrenewable energy producer, including renewable self-consumers, jointly-acting renewables self-consumers, and final household customers that participate as a member or shareholder in a renewable energy community, some or all of the amount of tax paid by the consumer on electricity produced from products specified in this paragraph.
Amendment 277 #
2021/0213(CNS)
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 279 #
2021/0213(CNS)
Proposal for a directive
Article 16 – paragraph 1 – point d
Article 16 – paragraph 1 – point d
(d) renewable fuels of non-biological origin, and advanced sustainable biofuels, bioliquids, biogas and advanced sustainable products falling within CN codes 4401 and 4402 and biogas;
Amendment 280 #
2021/0213(CNS)
Proposal for a directive
Article 16 – paragraph 1 – point e
Article 16 – paragraph 1 – point e
Amendment 292 #
2021/0213(CNS)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 295 #
2021/0213(CNS)
Proposal for a directive
Article 17 – paragraph 1 – point b – subparagraph 1
Article 17 – paragraph 1 – point b – subparagraph 1
(b) reductions in the level of taxation, which shall not go below the minima as set out in Table B and D of Annex I, to energy products and electricity used for the carriage of goods and passengers by electrified rail, metro, tram and trolley bus, and for local public passenger transport, electric vehicles for waste collection, armed forces and public administration, for disabled people transport and ambulances;
Amendment 306 #
2021/0213(CNS)
Proposal for a directive
Article 17 – paragraph 1 – point c – subparagraph 3
Article 17 – paragraph 1 – point c – subparagraph 3
For the purposes of point (c), energy products and electricity used by households recognised as vulnerable may be exempt for a maximum period of ten years after the entry into force of this Directive. For the purposes of this paragraph, ‘vulnerable households’ shalliving in a condition of energy poverty as defined in the [Recast of the Energy Efficiency Directive (recast) (COM(2021)558)] who are also below the 60% of the national median households significantly affected by the impacts of this Directive which, for the purpose of this Directive, mequivalised disposable income, may be exempt for a maximum period of ten yeanrs that they are below the ‘at risk of poverty’” threshold, defined as 60% of the national median equivalised disposable incomeafter the entry into force of this Directive..
Amendment 309 #
2021/0213(CNS)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
Without prejudice to Article 5, as applicable as a single use, Member States may apply tax reductions , which shall not go below the relevant minima as set out in Tables B, C and D of Annex I for a maximum period of ten years after the entry into force of this Directive, on the consumption of energy products used for heating purposes or for the purposes of Article 8(2) , points (b) and (c), and on electricity in the following cases:
Amendment 313 #
2021/0213(CNS)
Proposal for a directive
Article 18 – paragraph 1 – point a – introductory part
Article 18 – paragraph 1 – point a – introductory part
(a) in favour of energy-intensive business conditional on the conclusion of agreements between them (beneficiaries), or associations of beneficiaries, and the Member State whereby the beneficiaries or associations of beneficiaries commit themselves to achieve highly energy efficient, circular, zero-pollution and renewable based business operation through actions which may relate, among other things, to a reduction in energy consumption, the uptake of sustainable renewable energy sources a reduction in emissions and other pollutants, or any other environmental protection measure.
Amendment 315 #
2021/0213(CNS)
Proposal for a directive
Article 18 – paragraph 1 – point b – introductory part
Article 18 – paragraph 1 – point b – introductory part
(b) wherein favour of other businesses, especially SMEs and start-ups, conditional on the conclusion of agreements are concluded withbetween Member States and business entities as referred to in Article 19 or associations of such business entities , or where tradable perwhereby the beneficiaries or associations of beneficiaries commit scthemes or equivalent measures are implemented, as far as they lead to the achievement of environmental protection objectives or to improvements in energy efficiencyselves to achieve highly energy efficient, circular, zero-pollution and renewable based business operation through actions which may relate, among other things, to a reduction in energy consumption, the uptake of sustainable renewable energy sources a reduction in emissions and other pollutants, or any other environmental protection measure.
Amendment 316 #
2021/0213(CNS)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
Member States shall verify the necessity of a tax reduction to indirectly contribute to a higher level of environmental protection by means of an ex ante open public consultation where the sectors eligible for the reductions are properly described and a list of the largest beneficiaries for each sector is provided.
Amendment 317 #
2021/0213(CNS)
Proposal for a directive
Article 18 – paragraph 1 b (new)
Article 18 – paragraph 1 b (new)
The agreements referred to in point (a) and (b) of paragraph 1 shall fulfil all of the following conditions: (i) the substance of the agreements is negotiated by the Member State, specifies the targets and fixes a time schedule for reaching the targets; (ii) the Member State ensures independent and regular monitoring of the commitments in the agreements; and (iii) the agreements are revised periodically in the light of technological and other developments and provide for effective penalties in the event that the commitments are not met.
Amendment 318 #
2021/0213(CNS)
Proposal for a directive
Article 18 – paragraph 1 c (new)
Article 18 – paragraph 1 c (new)
Amendment 320 #
2021/0213(CNS)
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
In addition to the provisions set out in the previous Articles, in particular in Articles 14 , 15 , 16, 17 and 18, the Council, acting unanimously on a proposal from the Commission, may adopt implementing acts, authorising any Member State to introduce further exemptions or reductions for specific policy considerations. Where it is necessary, for reasons of just transition, protection of environment and human health, including the reduction of air pollution, the Council, acting unanimously on a proposal from the Commission, may adopt implementing acts, authorising any Member State to introduce specific increased rates derogating from the ranking between the minimum levels of taxation as laid down in Annex I.
Amendment 325 #
2021/0213(CNS)
Proposal for a directive
Article 22 – paragraph 4 – subparagraph 2
Article 22 – paragraph 4 – subparagraph 2
For the purposes of the first subparagraph, electricity storage facilities, including electric vehicles, batteries owned by active consumers or renewable energy communities and transformers of electricity mayshall be considered as redistributors when they supply electricity and shall not be subject to any double taxation.
Amendment 328 #
2021/0213(CNS)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Energy products released for consumption in a Member State, contained in the standard tanks of commercial motor vehicles and intended to be used as fuel by those same vehicles, as well as in special containers, and intended to be used for the operation, during the course of transport, of the systems equipping those same containers shall be taxed once at origin and not be subject to taxation in any other Member State.
Amendment 342 #
2021/0213(CNS)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
Every five years and for the first time fivthree years after 1 January 2023, the Commission shall submit to the European Parliament and the Council a report on the application of this Directive.
Amendment 346 #
2021/0213(CNS)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
The report by the Commission shall, inter alia, examine the minimum levels of taxationwhether Article 16 should be revised and whether the minimum levels of taxation should be increased or expanded to reflect further the carbon content and air pollution of energy products taking into account the impact of the Emission Trading System on carbon pricing, distributional impacts in light of the objectives of the European Green Deal with regard to achieving a just transition, and whether the revised energy taxation directive sufficiently contributes to meaningful carbon pricing inducing behavioural change, the impact on reduction of greenhouse gases taking into account the advice of the European Scientific Advisory Board on Climate Change, the impact of innovation and technological developments, in particular as regards energy efficiency, the use of electricity in transport, buildings and industry and the justification for the exemptions, reductions and differentiations laid down in this Directive. The report shall take into account the proper functioning of the internal market, environmental and social considerations, the real value of the minimum levels of taxation and the relevant wider objectives of the Treaties.
Amendment 352 #
2021/0213(CNS)
Proposal for a directive
Annex 1 – table A
Annex 1 – table A
Table A. — Minimum levels of taxation applicable to motor fuels for the purposes of Article 7 (in EUR/Gigajoule) Final rate after completion of Start of transitional periodEnergy component rate CO2 tax rate Energy component rate (EUR/GJ) (EUR/tCO2) (EUR/GJ) Final rate after completion Start of transitional period (01.01.2033) of transitional period (01.01.2023) (01.01.2033) before before indexation Petrol 10,75 10,75 10,75 Gasoil 45 Gasoil 10,75 10,75 45 10,75 Kerosene 10,75 10,75 10,7545 Non-sustainable biofuels 10,75 10,75 45 10,75 Liquefied Petroleum Gas (LPG) 7,17 10,75 10,75 45 Natural gas 10,75 7,17 10,75 45 10,75 Non-sustainable biogas 10,75 7,17 10,75 10,7545 Non renewable fuels of non-biological origin 10,75 7,17 10,75 45 10,75 Sustainable food and feed crop biofuels 5,38 10,75 10,75 Sustainable 45 food and feed crop biogas 10,75 5,38 10,75 45 10,75 Sustainable biofuels 5,38 5,38 7,17 45 5,38 Sustainable biogas 5,38 5,38 7,17 5,3845 Low-carbon fuels 10,75 0,15 10,75 45 5,38 Renewable fuels of non-biological origin 0,15 0,15 45 0,15 Advanced sustainable biofuels and biogas 0,15 0,15 45
Amendment 358 #
2021/0213(CNS)
Proposal for a directive
Annex 1 – table B
Annex 1 – table B
Table B. — Minimum levels of taxation applicable to motor fuels used for the purpose set out in Article 8(2) (in EUR/Gigajoule) Energy component CO2 tax rate rate (EUR/GJ) (EUR/tCO2) Energy component rate Final rate after (EUR/GJ) Final rate after completion of Start of transitional period transitional period transitional period (01.01.20323) (01.01.2023) (01.01.2033) before before indexation Gas oil 0,9 0,9 0,9 Heavy fuel oil 45 Heavy fuel oil 0,9 0,9 0,945 Kerosene 0,9 0,9 0,9 45 Non-sustainable biofuels 0,9 45 0,9 Liquefied Petroleum Gas (LPG) 0,9 0,6 0,9 0,9 45 Natural gas 0,9 0,6 0,9 0,945 Non-sustainable biogas 0,9 0,6 0,9 45 0,9 Non renewable fuels of non-biological origin 0,6 0,9 0,9 Sustainable 45 food and feed crop biofuels 0,45 0,9 0,9 Sustainable 45 food and feed crop biogas 0,45 0,9 0,9 45 Sustainable biofuels 0,45 0,45 6 0,45 Sustainable biogas 0,45 0,45 0,6 0,45 Low-carbon fuels 0,9 0.15 0,9 0,45 Renewable fuels of non-biological origin 0,15 0,15 0,145 Advanced sustainable biofuels and biogas 0,15 0,15 0,15 45
Amendment 364 #
2021/0213(CNS)
Proposal for a directive
Annex 1 – table C
Annex 1 – table C
Table C. — Minimum levels of taxation applicable to heating fuels (in EUR/Gigajoule) Energy Energy Final rate after completion of Start of transitional period transitional periodCO2 tax rate component component rate (EUR/tCO2) rate (EUR/GJ) (EUR/GJ) Final rate after Start of completion of (01.01.2023) (01.01.2033) beforetransitional transitional period period (01.01.2033) (01.01.2023) before indexation Gas oil 0,9 0,9 0,9 45 Heavy fuel oil 0,9 0,9 0,9 45 Kerosene 0,9 0,9 0,9 45 Coal and coke 0,9 0,9 0,9 45 Non-sustainable bioliquids 0,9 0,9 0,9 45 Non-sustainable solid products falling within CN codes 4401 and 4402 0,9 0,9 0,9 and 4402 45 Liquefied Petroleum Gas (LPG) 0,6 0,9 0,9 45 Natural gas 0,6 0,9 0,9 45 Non-sustainable biogas 0,69 0,9 0,9 45 Non renewable fuels of non-biological origin 0,6 9 0,9 Sustainable 45 food and feed crop bioliquids 0,45 0,9 0,9 Sustainable 45 food and feed crop biogas 0,45 0,9 0,9 45 Sustainable bioliquids 0,45 0,6 0,45 Sustainable biogas 0,45 0,6 0, 45 Sustainable solid products falling within CN codes 4401 and 4402 0,45 0,6 0,45 4402 5 Low-carbon fuels 0.15 0,9 0,9 0,45 Renewable fuels of non-biological origin 0,15 0,15 0,15 45 Advanced sustainable bioliquids, biogas and products falling within CN 45 0,15 0,15 within CN 0,15 codes 4401 and 4402
Amendment 461 #
2021/0206(COD)
Proposal for a regulation
Article 24 – paragraph -1 (new)
Article 24 – paragraph -1 (new)
-1. 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 pricing 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.
Amendment 4 #
2021/0077(BUD)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that, due to climate change, natural disasters will become increasingly violent and recurrent; calls for a reform of the EUSF 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;
Amendment 7 #
2021/0077(BUD)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that, due to climate change, islands and coastal regions are particularly at risk of being affected by natural disasters; questions, however, whether the EUSF is appropriately focused on climate adaptation for those particularly fragile territories;
Amendment 2 #
2020/2127(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates the importance of the European Union Solidarity Fund (EUSF) in providing financial assistance to Member States and regions, including in the neighbourhood of the EU, hit by natural disasters; welcomes the recent extension of the EUSF’s scope to major public health emergencies; regrets that the extension of the scope has not been matched by an extension of the envelope;
Amendment 6 #
2020/2127(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the number and severity of emergencies is unpredictable; highlights, however, that due to climate change, the number and severity of natural disasters will increase over time and will become costlier; remains concerned about the EUSF’s annual ceiling for the period 2021-2027; regrets that, due to budgetary constraints, countries applying for support as a result of the COVID-19 pandemic in 2020 will receive under 50 % of the potential aid amount;
Amendment 11 #
2020/2127(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Insists that the role of the budgetary authority be fully safeguarded; notes that, under the new multiannual financial framework (MFF), EUSF appropriations are entered in the general budget and made available via transfers; stresses the need for timely information on such transfers; regrets, also, the absence of detailed background information on applications for EUSF support, which hampers scrutiny; demands, despite the new procedure, that the Commission provides the same level of information as it did in the previous MFF;
Amendment 12 #
2020/2127(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises the curative nature of the EUSF, and therefore the need for effective synergies with other Union policies and programmes, in particular the European Green Deal and those supporting disaster prevention and risk management; calls for a revision of the EUSF to ensure that ‘build back better’ is incentivised; enshrined, while also stressing that climate change requires primarily a preventive policy in line with the Paris Agreement and the European Green Deal;
Amendment 16 #
2020/2127(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Regrets the lack of visibility of the EUSF, which means the role of the Union is not always clearly demonstrated, especially in all European languages and via accessible channels; regrets that the EUSF Regulation contains neither an obligation to publicise EUSF support nor any reporting requirement on this.; calls on the Commission to present a targeted revision of the EUSF regulation by the end of 2021 including the obligation to make EUSF support visible in any approved cases;
Amendment 1 #
2020/2087(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Points out that due to climate change, natural disasters will become more and more violent and more and more recurrent; questions, however, whether the fund is adequately adapted to 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;
Amendment 2 #
2020/2087(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Stresses that due to climate change, islands and coastal regions are particularly at risk of being affected by natural disasters; questions, however, whether the current EUSF is appropriately focused on climate adaptation for those particularly fragile territories;
Amendment 4 #
2020/2087(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. NoteHighlights, while acknowledging that the EUSF is not an instrument for rapid intervention in disaster situations, that aid disbursement has speeded up since the 2014 reform; requests, nevertheless, that the Commission accelerate payments;
Amendment 8 #
2020/2087(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the Commission’s proposal of 27 May 2020 to increase the maximum annual amount of the EUSF under the next long-term budget to EUR 1 billion (at 2018 prices), which has been Parliament’s position from the outset; questions, however, whether this amount will be sufficient to cover all of the eligible applications in 2020the coming years, taking into account the Fund’s widened scope;
Amendment 10 #
2020/2087(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Requests that the Commission propose a revision of the Regulation, which should enter into force as early as possible in the nextthe regulation on the multiannual financial framework (MFF) for the period 2021-2027: - to simplify and speed up the application procedure for Member States,; - to bring the level of advances up to 33 % and speed up the final disbursement; - - to further increase the annual EUSF envelope to EUR 2 billion per year, which should be entered in the budget over and above the MFF ceilings (both in commitment and payment appropriations), in order to take into account the widened scope of the Fund; -to ensure unlimited carry- over of uncommitted and unpaid appropriations to the following financial years and MFFs; - to prioritise reimbursements that will secure more resilient and climate-friendly investments and reconstructions (such as earthquake-proof construction and natural (re)forestation); - to focus reimbursements on investments and reconstructions that are in line with the Paris Agreement and the Green Deal; - to include an island and coastal dimension in order to take into account the climate adaptation dimension of those territories particularly at risk;
Amendment 1 #
2020/2068(BUD)
Motion for a resolution
Paragraph 3 a (new)
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;
Amendment 2 #
2020/2037(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regard to the Paris Agreement of the United Nations Framework Convention on Climate Change and the Sustainable Development Goals;
Amendment 4 #
2020/2037(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard to Article 21 TEU and Articles 119, 127 and 208(1) TFEU;
Amendment 9 #
2020/2037(INI)
— having regard to the in-depth analysicompilation of papers requested by its ECON Committee of June 2020, part of the Monetary Dialogue Papers, entitled ‘The International Role of the Euro: State of Play and Economic SignificanceA Monetary Policy View’ of June 2020 13 , _________________ 13 https://www.europarl.europa.eu/RegData/e tudes/IDANSTUD/2020/64880652705/IPOL_IDASTU(202 0)64880652705_EN.pdf
Amendment 14 #
2020/2037(INI)
Motion for a resolution
Recital A
Recital A
A. whereas in its 20 years of existence, the euro has become a positive symbol of Europe’s unity, integration, economic strength and of its position in the world;
Amendment 21 #
2020/2037(INI)
Motion for a resolution
Recital B
Recital B
B. whereas despite the euro area’s economic size and influence in global trade, the use of the euro lags behind the US dollar by a wide margin, yet it is still ahead of all other competing currencies;
Amendment 24 #
2020/2037(INI)
Motion for a resolution
Recital C
Recital C
C. whereas current geopolitical tensionshifts and international trade challenges – including the disruption of value chains, technological developments, digital transformation, the rise of China’s economic power and the challenges posed by the US to multilateralism – lead to a multipolar world economy, thus paving the way for a potential shift towards a – may lead to a multipolar world economy in which the US-Dollar may not retain its current dominance in the global monetary system 1a; _________________ 1aGiven the election of Joe Biden, this statement is premature. While he will probably continue some of the foreign policies of the Trump government, he is unlikely to use the same unilateral style. Regarding the 'multi-currency reserve system where th', we suggest a more neuro will offer additional currency choices for market participants globally and allow for reduced global financial risks;tral wording because we fear that such a system will be inefficient and will not be accepted by market participants.
Amendment 28 #
2020/2037(INI)
Ca. whereas the economies and citizens of developing countries suffer from instability in the international monetary system and a lack of control over exchange rates and interest rate fluctuations in international trade and reserve currencies;
Amendment 34 #
2020/2037(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU should protect the integrity of its financial infrastructures and, the independence of its market operators and the independence of global financial transaction networks against foreign policy unilateralism and potential extraterritorial sanctions by third country jurisdictions, and ensure at the same time the effective enforcement of EU sanctions policy;
Amendment 49 #
2020/2037(INI)
Motion for a resolution
Recital H
Recital H
H. whereas post-pandemic economic recovery requires the fast implementation of the EU recovery plan, which will address structural weaknesses and put in place policies to enhance growth and competitiveness; whereas such policies are paramount both to enhancing the attractiveness ofmust focus on (i) the just green transition, (ii) the digital transformation, (iii) economic cohesion, productivity and competitiveness, (iv) social and territorial cohesion, (v) institutional resilience and (vi) policies for the next generation; whereas the premature withdrawal of fiscal stimulus and the lack of coordination of fiscal action can exacerbate already existing divergences in the eEuro globally and to strengthening Europe’s economic and financial autonomy; whereas a meaningful fiscal stimulus, in conjunction with a monetary one – including a joint European effort –, will have a positive effect on the international position of the euro; whereas the premature withdrawal of fiscal stimulus and the lack of coordination of fiscal action can undermine the attractiveness of the euro as an international currency; zone and thus undermine its cohesiveness and integrity 1a; _________________ 1aThe deleted wording about the goals of the recovery plan does not correspond to the position of the European Parliament in the RRF negotiations, nor the July 2020 EP resolution on the recovery from the Covid-crisis. Therefore, it should either be deleted or aligned with the EP position. Here we propose to adapt the text from the EP position on Article 3 of the RRF. An alternative could be to use recital B from the July 2020 resolution on the conclusion of the extraordinary Council meeting of 17th-21st July (‘Europe’s recovery should be based on the European Green Deal, the Digital Agenda for Europe, the New Industrial Strategy and entrepreneurship, so that our economies emerge from this crisis stronger, more resilient, more sustainable and more competitive;’)
Amendment 62 #
2020/2037(INI)
Motion for a resolution
Recital I
Recital I
I. whereas new powers to issue recovery debt, including green bonds – which make the EU the world’s biggest issuer of such debt –, require adequate implementation and enforcement capacities so as to avoid undermining the long-term credibility of the euro as a safe asset curreas well as strong standards of transparency and traceability of proceeds from green bond issuancye;
Amendment 65 #
2020/2037(INI)
Motion for a resolution
Recital J
Recital J
J. whereas while thestudies commissioned by the economic and monetary affairs committee of the European Parliament have demonstrated that wider use of an international currency bears privileges and gains, isuch as lower exchange rate risks, but also implies global responsibilities, dependencies and costs, costs and risks, such as the risk that greater demand for a currency reduces the competitiveness of the issuer’s exports; whereas neither the costs nor the benefits clearly outweigh the other;
Amendment 75 #
2020/2037(INI)
Motion for a resolution
Recital K
Recital K
Amendment 84 #
2020/2037(INI)
Motion for a resolution
Subheading 1
Subheading 1
Challengeosts and benefits of strengthening the international role of the euro
Amendment 88 #
2020/2037(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that strengthening the international role of the euro can generatebring benefits both in the short and long term; notes, however, that it also brings risks and responsibilities that must be taken into consideration in the process of complementing market forces with policy measuresas well as risks and responsibilities that must be taken into consideration; underlines, in particular, that the international currency status of the euro can enhance monetary policy autonomy and reinforce its global transmission, make the euro more of an attractive investment, and provide exorbitant privilege and lower exchange rate pass-throughlower transaction costs for currency exchanges.
Amendment 93 #
2020/2037(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that, in order for the potential benefits from the strengthened role of the euro to materialise,Concludes that strengthening the international role of the euro is not and should not be a foreign or economic policy goal in its own right and that no actions should be taken to increase international use of the euro unless these actions have the clear potential to improve the internal cohesion and functioning of the eurozone or promote global economic relations that are in line with the principles in the founding documents of the United Nations, the goals of the Paris Climate Agreement, the Sustainable Development Goals and the promotion of human rights; emphasises that the degree to which a particular currency is used by external actors is connected to the integrity and cohesiveness of the jurisdiction that issues that currency; concludes that the Union has to complete the as yet unfinished infrastructure for the common currency and make more progress on its critical functions;
Amendment 103 #
2020/2037(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates, in this context, the need to deepen and complete the Economic and Monetary Union (EMU), through introducing a fiscal capacity, a treasury and counter-cyclical fiscal policies, as well as the Banking Union and the Capital Markets Union (CMU), with a view to enhancing the international competas this would benefit European citivzeness of European markets ands and businesses; notes that these measures would also increase the attractiveness of the euro;
Amendment 134 #
2020/2037(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises the need for sustainable and sound fiscal and structural growth-enhancing policies that are based on a commitment to credible fiscal rules; calls for further reflection on the adequacy of the stability and growth pact framework despite the challenging circumstances; supports the plan outlined in Next Generation EU to use, in addition to monetary policy, a fiscal impulse, notably borrowing EUR 750 billion from capital markets bonds to finance the recovery and green transition, in addition to the issuance of EUR 100 billion in ‘social’ bonds under the European instrument for temporary support to mitigate unemployment risks in an emergency (SURE), which is intended to preserve employment; applauds the high level of interest that investors have demonstrated in European bonds;
Amendment 149 #
2020/2037(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that an adequate supply of safe assets is a precondition for international currency status, and expresses its regret at the limited availability of euro- denominated safe assets; underlines, therefore, the need to create European safe assets in the form of mutualised debt instruments; considers that the proposed issuance of a common debt to finance recovery will provide an EU-level reserve asset benchmark and increase the supply of euro-denominated safe assets; hopes that, over time, this will be the germ of genuine permanent eurobonds; expects the ECB to conduct an assessment of the possibility of issuing certificates of deposit under its existing legal basis;
Amendment 155 #
2020/2037(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that the EU already leads the world in green bond issuance and strongly supports efforts to expand such issuance and become a world leader in setting robust standards for green bonds; calls for swift completion and implementation of the taxonomy of sustainable economic activities; calls on the Commission to present an ambitious new action plan on sustainable finance and a proposal for a robust EU green bond standard;
Amendment 163 #
2020/2037(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes note of the role geopolitics and international trade plays in global currency competition; recalls that Article 21 TEU states that, in its external action, the Union ‘shall promote multilateral solutions to common problems’ in all fields of international relations and that it shall ‘promote an international system based on stronger multilateral cooperation and good global governance’;
Amendment 169 #
2020/2037(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is concerned that EMU’s lack of about the EMU’s inability to speak as a unified voice with international institutions can hold back the international role of ed suggests the creation of a eurozone treasuroy;
Amendment 175 #
2020/2037(INI)
Motion for a resolution
Subheading 2
Subheading 2
Policies supporting the sustainable international roluse of the euro
Amendment 176 #
2020/2037(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that a strengtheneding the euro’s international role of the euro would enhance the EU’s capabiis not a politcy to enforce open strategic autonomy; recommends, therefore,goal in its own right, and that actions intended to both design and implement policy measures thato foster the international role of the euro and support market-driven shifts in this directionit must always have other benefits, whether for the cohesion and functioning of the eurozone internally or promoting attainment of the principles of the founding documents of the United Nations, the goals of the Paris Climate Agreement, the Sustainable Development Goals and the promotion of human rights;
Amendment 185 #
2020/2037(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. AdvocatDenounces, in this context, that policies critical for and conducive to strengthening the international role of the euro should target, inter alia, international trade, fiscal and monetary policy mix, financial services and capital market, payments systems, the climate, the digital transformation, energy, and foreign and security policiee Commission recommendation of 5 December 2018 ‘on the role of the euro in the field of energy’ as out of line with the Union’s climate goals; supports, however, measures that promote the use of the euro in sustainable international trade relations or its use as the currency of choice for sustainable financial products and instruments;
Amendment 195 #
2020/2037(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the global prominence of a currency is directly linked to the role that the issuing country has in global trade; stresses that the EU, as one of the world’s largest trading blocs, would benefit from a strengthened international role of its currency; underlines that stimulating the choice of the euro in trade will reduce exchange risk and other currency-related costs, especially for European SMEs; observes, however, that despite their position as large buyers and producers, European companies opt to trade in key strategic markets in US dollars; calls, therefore, on the Commission to foster the use of the euro in pricing and invoicing in trade transactions, and to make use of the high potential offered by financial instruments denominated in euros; points, in this context, to the potential offered by supply chains;
Amendment 199 #
2020/2037(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Notes different approaches to organising the monetary architecture of a multi-polar world economy, including alternatives to the unilateralist approach of trying to become stronger in a zero-sum game of currency competition; observes that more cooperative approaches could exist for addressing imbalances in the global financial system through institution building, such as strengthening the role of the IMF's special drawing rights or Keynes' idea of an international clearing union; suggests that the EU engage in a fundamental debate over what kind of approach would be most suitable to achieving the twin goals of improving the wellbeing of European citizens as defined in Article 3 TEU and of promoting an international system based on stronger multilateral cooperation and good global governance as defined in Article 21 TEU;
Amendment 203 #
2020/2037(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Recalls that Article 208(1) TFEU requires that the Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries; suggests to monitor the policy implications of the international use of the euro at both the multilateral and the regional level and in particular how it affects international development cooperation; stresses in particular the need to assess how the peg to the euro in developing countries affects the economy and long-term prospects for sustainable development 1a; _________________ 1aUse of a currency as an anchor to peg one’s local currency to is one dimension of the international role of a currency. See papers by Beckmann et al. and Macchiarelli.
Amendment 207 #
2020/2037(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Believes that the international role of the euro is a topic that also has a foreign policy dimension; would therefore welcome discussion inputs from the Union’s foreign policy community;
Amendment 213 #
2020/2037(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the role the ECB plays in maintaining trust in the euro and safeguarding monetary sovereignty; ; welcomes the prompt measures put in place by the ECB in order to cater for euro liquidity; underlines the promineimportance of swap arrangements and repo lines in enhancing the international role of the eurofor ensuring an adequate supply of euro liquidity;
Amendment 214 #
2020/2037(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that, besides its primary mandate of maintaining price stability and its secondary mandate of supporting the general economic policies in the Union with a view to contributing to the achievement of the objectives of the Union as laid down in Article 3 of the Treaty on European Union, the ECB is tasked with promoting the smooth operation of payment systems; underlines the importance of having autonomous European payment solutions; calls on the ECB to ensure an adequate balance between financial innovation and stability; 1a; _________________ 1a This is lifted verbatim from Article 127 TFEU.
Amendment 226 #
2020/2037(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes note of the ECB report on the digital euro, and of the value a digital currency can add in strengthening the international role ofwhich it welcomes as a project that could strengthen people’s confidence in the euro; supports the ECB’s efforts in ensuring a high level of cyber resilience;
Amendment 27 #
2020/0349(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Providing Europol with additional tools and capabilities requires reinforcing the democratic oversight, transparency and accountability of Europol. Joint parliamentary scrutiny constitutes an important element of political monitoring of Europol's activities. To enable effective political monitoring of the way Europol applies additional tools and capabilities, Europol should provide the Joint Parliamentary Scrutiny Group with annualquarterly information on the use of these tools and capabilities and the result thereof. The Joint Parliamentary Scrutiny Group should be informed before the launch of any research and innovation project.
Amendment 31 #
2020/0349(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Europol’s services provide added value to Member States and third countries. This includes Member States that do not take part in measures pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union. Member States and third countries may contribute to Europol’s budget based on separate agreements. Europol should therefore be able to receive contributions from Member States and third countries on the basis of financial agreements within the scope of its objectives and tasks. The amount, origin and purpose of the contributions should be published and included in Europol's work programme.
Amendment 40 #
2020/0349(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Regulation (EU) 2016/794
Article 57 – paragraph 4
Article 57 – paragraph 4
4. Europol may benefit from Union funding in the form of contribution agreements or grant agreements in accordance with its financial rules referred to in Article 61 and with the provisions of the relevant instruments supporting the policies of the Union. Contributions may be received from countries with whom Europol or the Union has an agreement providing for financial contributions to Europol within the scope of Europol’s objectives and tasks. The amount of the contribution shall be determined in the respective agreement.; These contributions shall not be linked or lead to measures or decisions that could undermine individuals' fundamental rights, or to any change within the scope of Europol's objectives and tasks. The amount, origin and purpose of the contributions shall be published on the website of Europol and included in its work programme.
Amendment 39 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15 – point a
Article 1 – paragraph 1 – point 15 – point a
Regulation (EC) No 851/2004
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The Centre shall ensure that the public or any interested party is rapidly given objective, reliable, evidence-based and easily accessible information with regard to the results of its work. The Centre shall make available information for the general public, including particular through a dedicated website available in all EU official languages. It shall also publish its opinions produced in accordance with Article 6.;
Amendment 66 #
2020/0106(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) If left unaddressed, the COVID-19 negative economic effects may jeopardise efforts to achieve climate, energy and environmental targets in the Union. The Solvency Support Instrument should contribute to ensuring continuous progress towards the achievement of these targets.
Amendment 67 #
2020/0106(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) In line with the Union's commitments to implement the Paris Agreement on Climate Change and the SDGs, the Solvency Support Instrument should contribute to mainstreaming climate actions and to the achievement of the target of 50 % climate mainstreaming target for the MFF 2021-2027, and therefore at least 50% of EFSI financing under the solvency support window support project components should contribute to climate action in line with reaching climate neutrality by 2040 at the latest.
Amendment 78 #
2020/0106(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to counter the severe economic consequences of the Covid-19 pandemic in the Union, companies and in particular SMEs that have encountered difficulties because of the economic crisis caused by the pandemic and that cannot obtain sufficient support through market financing, or measures undertaken by Member States, should be provided with a facility for solvency support as a matter of urgency under a Solvency Support Instrument which should be added as a third window under the EFSI.
Amendment 87 #
2020/0106(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Companies supported under the Solvency Support Instrument the majority of which should be SMEs should be established and operating in the Union, meaning that they should have their registered office in a Member State and should be active in the Union in the sense that they have substantial activities in terms of staff, manufacturing, research and development or other business activities in the Union. They should not be part of a group having subsidiaries without real economic activity in a country included in the EU list for non-cooperative jurisdictions and should maintain substantial activities in the Union for the duration of the support. They should also suspend dividends distribution, bonuses payments and buy-back of shares for at least two years after benefiting from the scheme. They should pursue activities in support of objectives covered by this Regulation. They should have a viable business model with a leverage below five times their capital and not have been in difficulty in terms of the State aid framework7 already at end 2019 nor should they have been involved or engaged in money laundering, terrorism financing, tax avoidance, tax fraud or tax evasion. Support should be targeted at eligible companies operating in those Member States and sectors which are most impacted by the Covid-19 crisis as well as surging unemployment rates and/or where the availability of State solvency support is more limited. _________________ 7 As defined in Article 2(18) of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p.1)Support should only be provided to companies up to the expected amount of accounting losses related to the COVID-19 crisis.
Amendment 114 #
2020/0106(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The delivery modes of the support should be flexible in view of the need of differing solutions in different Member States. They should include, inter alia, EIB Group financing, or guarantee or investment in existing independently managed funds or in special purpose vehicles set up by the EIB group or by National promotional banks and institutions (NPBIs) that in turn invest in eligible companies. Furthermore, the support could be channelled via newly established independently managed funds, including via first-time teams, or via special purpose vehicles especially set up either at European or regional or national level by the EIB group or NPBIs with a view to benefiting from the EU guarantee in order to invest in eligible companies. The EU guarantee could also be used to guarantee or finance any direct intervention by a national promotional bank or institution in line with State aid rules together with private investors in support of eligible companies. Undue distortion of competition in the internal market should be avoided. Within one year after the entry into operation of the Solvency Support Instrument and during the three subsequent years, the Commission should evaluate the effectiveness and appropriateness of this Instrument in achieving its main objectives including its impact on the achievement of the Union's climate objectives.
Amendment 124 #
2020/0106(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The financing and investment operations should be aligned with current policy priorities of the Union such as the European Green Dealin particular its climate objectives for 2030 and 2050, the Pillar of Social Rights and the Sustainable Development Goals as well as the European Green Deal, the New Industrial Strategy for Europe, an SME Strategy for a sustainable and digital Europe and the Strategy on shaping Europe’s digital future. Support to cross- border activities should also be targeted.
Amendment 131 #
2020/0106(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Large companies benefitting from the SSI should be obliged to adopt binding transition plans, elaborating how they align their economic activities to the Union's climate and environmental objectives. These transition plans should include appropriate governance around sustainability risk and ensure that all future capital expenditure is used for sustainable economic activities in accordance with the EU Framework to facilitate sustainable investment. They should foresee the phase-out of activities causing significant harm to any environmental objective and the transformation of such activities into neutral or low impact activities within a pre-defined timeframe. The plans should also include quality job conservation measures, gender equality and Corporate Social Responsibility targets. SMEs should be subject to simplified and proportionate obligations.
Amendment 133 #
2020/0106(COD)
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10b) Companies benefiting from the SSI should commit to and implement equal pay between women and men for work of equal value and should include in their transition plans actions to prioritise when necessary and to the extent possible, early retirement, short-term work or equivalent measures rather than lay-offs and further flexibilisation and precariousness of jobs. Companies benefiting from the SSI should also commit to the training and relevant retraining of workers towards a green and digital transition.
Amendment 156 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2015/1017
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the solvency of companies established in a Member State and operating in the Union, with a particular focus on SMEs that shall represent at least 50% of the support provided.
Amendment 159 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2015/1017
Article 4 – paragraph 2 – point a – point iv
Article 4 – paragraph 2 – point a – point iv
(iv) the pricing of operations under the EU guarantee which is to be in line with the EIB’s pricing policy; for the solvency support window, other arrangements may be agreed;
Amendment 160 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) 2015/1017
Article 4 – paragraph 2 – point a – point v
Article 4 – paragraph 2 – point a – point v
(3a) In Article 4, point (v) of point (a) of paragraph 2 is amended as follows: "(v) the procedures to contribute, without prejudice to Protocol No 5 on the Statute of the European Investment Bank annexed to the TEU and to the TFEU and the EIB prerogatives set out therein, to a reduction of the financing cost of the operation borne by the beneficiary of the EIB financing under EFSI, in particular by modulating the remuneration of the EU guarantee, where necessary in particular in situations where stressed financial market conditions would prevent the realisation of a viable project or where necessary to facilitate the establishment of investment platforms or the funding of companies and projects in sectors or areas experiencing a significant market failure or suboptimal investment situation, to the extent it does not significantly impact the necessary financing of the provisioning of the Guarantee Fund; " Or. en (02015R1017)
Amendment 162 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2015/1017
Article 5 – paragraph 1 – subparagraph 3 – indent 3
Article 5 – paragraph 1 – subparagraph 3 – indent 3
– support to funds, special purpose vehicles, investment platforms or other arrangements set up by the EIB group or by NPBIs under the solvency support window.
Amendment 165 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2015/1017
Article 6 – paragraph 1 – point a – subparagraph 1 a (new)
Article 6 – paragraph 1 – point a – subparagraph 1 a (new)
However, support under the solvency support window shall only be granted if it is to the benefit of companies that were not in difficulty in State aid terms8 already at the end of 2019 but since then face significant solvency risks due to the crisis caused by the Covid-19 pandemic subject to the condition that their leverage levels do not exceed five times their capital levels; Moreover, support under the solvency support window shall only be granted to companies: - that adopt plans according to the guidance referred to in Section 6 point d of Annex II; - that comply with the minimum safeguards referred to in Article 18 of Regulation (EU) 2020/852; - that have not been involved in or are currently investigated or prosecuted for money laundering, terrorism financing, tax avoidance tax fraud or tax evasion; companies with a consolidated turnover exceeding EUR 750 000 000 shall draw up and make publicly available free of charge a report with the information referred to in paragraph 1 of Article 89 of Directive 2013/36/EU; - that are not part of a group having subsidiaries without real economic activity in a country included in the EU list for non-cooperative jurisdictions; - that are not paying out dividends and reserves, bonuses or buying back shares for at least the next 2 years after benefiting from the support under the SSI; _________________ 8As defined in Article 2(18) of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p. 1).
Amendment 169 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) 2015/1017
Article 6 – paragraph 1 – point a – subparagraph 1 b (new)
Article 6 – paragraph 1 – point a – subparagraph 1 b (new)
Amendment 171 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2015/1017
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Notwithstanding paragraph 2, the sub-operations by the financial intermediaries may be limited to a minimum size in financing and investment operations under the solvency support windowSupport shall only be provided to companies up to the expected amount of accounting losses related to the COVID- 19 crisis.
Amendment 178 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 d (new)
Article 1 – paragraph 1 – point 7 d (new)
Regulation (EU) 2015/1017
Article 7 – paragraph 14
Article 7 – paragraph 14
(7d) In Article 7(14), the first subparagraph is amended as follows: "14. The Commission shall be empowered to adopt delegated acts in accordance with Article 23(1) to (3) and (5) to supplement this Regulation by establishing a scoreboard of indicators to be used by the Investment Committee to ensure an independent and transparent assessment of the potential and actual use of the EU guarantee and to specify further the scoreboard referred to in paragraph 1a of Article 6. Such delegated acts shall be prepared in close dialogue with the EIB. " Or. en (02015R1017)
Amendment 181 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 2015/1017
Article 8 – paragraph 3
Article 8 – paragraph 3
Notwithstanding the first paragraph, only companies established in a Member State and operating in the Union subject to the conditions of Article 6 can be supported by the financing and investment operations under the solvency support window.
Amendment 184 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2015/1017
Article 9 – paragraph 2 – subparagraph 3 – introductory part
Article 9 – paragraph 2 – subparagraph 3 – introductory part
The operations concerned shall be consistent with Union policies, includingobjectives and commitments, in particular the Union's climate objectives laid down in [Regulation (EU) 2020/XXX establishing the framework for achieving climate neutrality ("European Climate Law")] including the EU Pillar of Social Rights, the European Green Deal9 and the Strategy on shaping Europe’s digital future10 , as well as supporting an inclusive and symmetric recovery in the aftermath of the COVID-19 pandemic, and support any of the following general objectives:’ _________________ 9 COM(2019)640 final. 10 COM(2020)67 final.
Amendment 192 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2015/1017
Article 9 – paragraph 2 a – point a
Article 9 – paragraph 2 a – point a
(a) target that at least 480 % of EFSI financing under the infrastructure and innovation window support project components that contribute to climate action, in line with the commitments made at the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (COP21). EFSI financing for SMEs and small mid- cap companies shall not be included in that computation. The EIB shall use its internationally agreed methodology to identify those climate action project components or cost shares;
Amendment 195 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2015/1017
Article 9 – paragraph 2 a – point b
Article 9 – paragraph 2 a – point b
(b) ensure that the majority of EFSI financing under the solvency support window is utilised to support eligible companies, in particular SMEs in Member States and sectors economically most hit by the Covid-19 pandemic;
Amendment 196 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2015/1017
Article 9 – paragraph 2 a – point b a (new)
Article 9 – paragraph 2 a – point b a (new)
(12a) In Article 9, paragraph 2a, a new point (ba) is added: (ba) ensure that at least 50% of the financing under the solvency support window is spent to support activities that qualify as environmentally sustainable pursuant to the Taxonomy Regulation.
Amendment 199 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2015/1017
Article 9 – paragraph 2 a – point c
Article 9 – paragraph 2 a – point c
(c) ensure that the majority of EFSI financing under the solvency support window is utilised to support eligible companies, in particular SMEs in Member States where the availability of State solvency support is more limited.
Amendment 201 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 b (new)
Article 1 – paragraph 1 – point 12 b (new)
Regulation (EU) 2015/1017
Article 9 – paragraph 2 a – point c a (new)
Article 9 – paragraph 2 a – point c a (new)
(12b) In Article 9, paragraph 2a, a new point ca is added: (ca) ensure that technical assistance is provided to Members State and companies, in particular SMEs, to facilitate the widespread distribution and absorption of funding from the Solvency Support Instrument, by using existing instruments under EFSI such as The European Investment Advisory Hub (EIAH);
Amendment 205 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 c (new)
Article 1 – paragraph 1 – point 12 c (new)
Regulation (EU) 2015/1017
Article 9 – paragraph 2 a – point c b (new)
Article 9 – paragraph 2 a – point c b (new)
(12c) In Article 9, paragraph 2a, a new point cb is added: (cb) ensure that EFSI financing under the solvency support window is utilised to support eligible companies aiming to contribute to climate and energy targets in Member States which have committed to and are implementing the climate neutrality objective by 2040 at the latest
Amendment 206 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2015/1017
Article 9 – paragraph 2 a – subparagraph 2
Article 9 – paragraph 2 a – subparagraph 2
The Steering Board shall, where necessary, provide detailed guidance concerning points (a) to (c). Financing and investment operations that are inconsistent with the achievement of the Union's climate objectives shall not be eligible for support under this Regulation.
Amendment 210 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) 2015/1017
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) EIB funding or guarantees to the EIF enabling it to undertake loans, guarantees, counter-guarantees, any other form of credit enhancement instrument, capital market instruments and equity or quasi-equity participations, including in favour of national promotional banks or institutions, investment platforms, or funds or special purpose vehicles set up by the EIB group or by NPBIs;
Amendment 211 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) 2015/1017
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) EIB guarantees to national promotional banks or institutions, investments platforms, or funds or special purpose vehicles set up by the EIB group or by NPBIs under a counter-guarantee of the EU guarantee.
Amendment 212 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EU) 2015/1017
Article 10 – paragraph 4
Article 10 – paragraph 4
Under the solvency support window, the EIF may grant a guarantee to funds and special purpose vehicles set up by the EIB group or by NPBIs.
Amendment 217 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 26 Regulation (EU) 2015/1017
Article 1 – paragraph 1 – point 26 Regulation (EU) 2015/1017
An amount of up to EUR 100 000 000 shall be made available for covering costs, advisory services and technical and administrative assistance to set-up and manage funds, special purpose vehicles, investment platforms and other vehicles set up by the EIB group or by NPBIs for the purposes of the solvency support window including for support referred to in point (i) of Article 14(2) and having a special focus on Member States with less developed equity markets. The technical assistance shall also be available tofocus on supporting the green and digital transformation of companies financed under this window.
Amendment 219 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) 2015/1017
Article 16 – paragraph 2 – subparagraph 2 (new)
Article 16 – paragraph 2 – subparagraph 2 (new)
Operations under the solvency support window shall be reported on separately, as appropriate and as set out in the guarantee agreement. This reporting shall in particular contain a detailed assessment of the contribution to the green and digital transition of the companies benefiting under the scheme as appropriate on the basis of the transition plans established by the supported companies. Companies financed shall be subject to climate, environmental and social sustainability proofing and tracking with a view to minimise adverse impacts and maximise benefits for the Union's environmental and social objectives. For that purpose, entities requesting financing shall provide adequate information based on guidance to be developed by the Commission. This information shall include the proportion of financing in environmentally sustainable economic activities in accordance with Article 3 of Regulation (EU)2020/852 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU)2019/2088 and shall specify the content of the plans referred to Section 6 point d of Annex II. Simplified and proportionate provisions shall be provided for companies not subject to an obligation to publish non-financial information pursuant to Article 19a or Article 29a of Directive 2013/34/EU.
Amendment 225 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27 a (new)
Article 1 – paragraph 1 – point 27 a (new)
Regulation (EU) 2015/1017
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
(27a) In Article 16 the following paragraph is inserted: ‘2 a. The Commission shall be empowered to adopt delegated acts in accordance with Article 23(1) to (3) and (5) to supplement this Regulation by establishing the reporting requirements provided in paragraph 2.’
Amendment 233 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 2 – point a
Article 1 – paragraph 1 – point 31 – point 2 – point a
Regulation (EU) 2015/1017
Annex II – Section 2 – point b – paragraph 1
Annex II – Section 2 – point b – paragraph 1
(b) The EU guarantee shall be granted to support, directly or indirectly, the financing of new operations. In the infrastructure field, greenfield investments (asset creation) should be encouraged. Brownfield investments (extension and modernisation of existing assets) may also be supported. Under the Solvency Support Window, financing shall aim at improvinge the equity base of companies and their solvency with a particular focus on SMEs. The terms of the financing should avoid distorting competition between companies. As a rule, the EU guarantee shall not be granted for supporting refinancing operations (such as replacing existing loan agreements or other forms of financial support for projects which have already partially or fully materialised), except under the Solvency Support Window or in exceptional and well-justified circumstances where it is demonstrated that such a transaction will enable a new investment of an amount at least equivalent to the amount of the transaction and that would fulfil the eligibility criteria and general objectives laid down in Article 6 and Article 9(2) respectively.
Amendment 234 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 2 – point b
Article 1 – paragraph 1 – point 31 – point 2 – point b
Regulation (EU) 2015/1017
Annex II – paragraph 2 – point c
Annex II – paragraph 2 – point c
(c) The EU guarantee shall support a wide range of products to allow the EFSI to adapt to market needs while encouraging private investment in projects, without crowding out private market finance. In this context, it is expected that the EIB will provide financing under the EFSI with a view to reach an overall target of at least EUR 500 000 000 000 of public or private investment under the Infrastructure and Innovation Window and under the SME Window together, which includes financing mobilised through the EIF under EFSI operations relating to the instruments referred to in Article 10(2)(b), national promotional banks or institutions and through increased access to financing for entities having up to 3 000 employees. The eligible products shall include inter alia 11 loans, guarantees/counter-guarantees, mezzanine and subordinated finance, capital market instruments including credit enhancement, and equity or quasi-equity participations, including through national promotional banks or institutions, investment platforms, funds or special purpose vehicles set up by the EIB group or by NPBIs. In this context, in order to allow a broad range of investors to invest in EFSI projects, the EIB shall be allowed to structure appropriate portfolios. Under the Solvency Support Window the eligible products shall consist of those that result in providing investments, intermediated equity or quasi- equity to companies and projects, but excluding entities targeting buy-out (or replacement capital) intended for asset stripping. It is expected that EIB and EIF will provide financing with a view to reach a target of up to EUR 300 000 000 000 of investment under the Solvency Support Window. _________________ 11This is a non-exclusive indication of products that may be offered via the EFSI.
Amendment 235 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 2 – point c
Article 1 – paragraph 1 – point 31 – point 2 – point c
Regulation (EU) 2015/1017
Annex II – Section 6 – point d
Annex II – Section 6 – point d
(d) National promotional banks or institutions, investment platforms, funds and special purpose vehicles set up by the EIB group or by NPBIs shall be eligible for coverage by the EIB guarantee under the counter-guarantee of the EU guarantee in accordance with Article 10(2)(c).
Amendment 236 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 3
Article 1 – paragraph 1 – point 31 – point 3
Regulation (EU) 2015/1017
Annex II – Section 6 – point d – indent 1
Annex II – Section 6 – point d – indent 1
– The EU guarantee may be used to support EIB or EIF financing, or guarantees to, or investments in funds, special purpose vehicles or other investment platforms, including through set up by the EIB group or by national promotional banks or institutions or other relevant arrangements, that provide equity and equity-type investments into companies.
Amendment 237 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 3
Article 1 – paragraph 1 – point 31 – point 3
Regulation (EU) 2015/1017
Annex II – Section 6 – point d – indent 2
Annex II – Section 6 – point d – indent 2
Amendment 239 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 3
Article 1 – paragraph 1 – point 31 – point 3
Regulation (EU) 2015/1017
Annex II – Section 6 – point d – indent 3
Annex II – Section 6 – point d – indent 3
– The funds, special purpose vehicles or investment platforms shall provide financing on commercial terms except for SMEs or on terms consistent with the State aid Temporary Framework12 , while paying due regard to the European nature of the Solvency Support Instrument and to the funds’ and other vehicles’ independent management. _________________ 12Communication from the Commission: Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak (C(2020)1863), as amended by C(2020) 3156 final.
Amendment 240 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 3
Article 1 – paragraph 1 – point 31 – point 3
Regulation (EU) 2015/1017
Annex II – Section 6 – point d – indent 5
Annex II – Section 6 – point d – indent 5
– Companies targeted by funds, special purpose vehicles or investment platforms shall be encouraged to comply, to the extent possible, with minimum high- level social and environmental safeguards in line with guidance provided by the Steering Board based on Article 17 and Article 18 of Regulation 2020/852. Such guidance should include adequate provisions for avoiding undue administrative burdens, taking into account the size of companies and including lighter provisions for SMEs. Companies with a certain level of exposure to a pre-defined list of environmentally harmful activities, in particular the sectors covered by the EU Emissions Trading System (EU ETS), shall be encouraged to put in place, in the future, green transition plans. Companies shall also be encouraged to advance in their digital transformation. Technical assistancesubject to an obligation to publish non-financial information pursuant to Article 19a or Article 29a of Directive 2013/34/EU, shall put in place green and just transition plans. Companies shall also be encouraged to advance in their digital transformation. Technical assistance shall be available to assist companies for the purpose of these transitions. Transition plans shall, as a minimum, ensure that: - economic activities of the company are aligned with the Union's climate objectives laid down in [Regulation (EU) 2020/XXX establishing the framework for achieving climate neutrality ("European Climate Law")]; - where relevant, economic activities of the company are aligned with the environmental objectives (b) to (f) in Article 9 of Regulation 2020/852; - appropriate governance is established to assess and minimise sustainability risks; - all future capital expenditure is used for assets or processes associated with economic activities that qualify as environmentally sustainable under Article 3 and 9 of Regulation 2020/852; - foresee the phase-out of activities causing significant harm to any environmental objective in accordance with Article 17 of Regulation 2020/852 and the transformation of such activities into neutral or low impact activities within a pre-defined timeframe. - quality employment targets and gender equality related targets including equal pay objectives are set. Transition plans shall contain intermediate targets and be updated on a yearly basis and provide an ex-post assessment on whether the intermediate targets are met. Companies not subject to an obligation to publish non-financial information pursuant to Article 19a or Article 29a of Directive 2013/34/EU shall put in place transition plans explaining whether and to what extent their economic activities support the environmental objectives referred to in Article 3 of Regulation 2020/852. The plans may include, as appropriate, targets on the proportion of their capital expenditure and the proportion of their operating expenditure related to assets or processes associated with economic activities that qualify as environmentally sustainable under Article 3 and 9 of the Taxonomy Regulation. The plans may also include quality job targets and employment conservation measures as well as gender equality related targets including equal pay objectives. The plans may contain intermediate targets and be updated every two years and provide an ex-post assessment on whether the intermediate targets are met. Simplified templates and guidance as well as financial and technical assistance for drafting the plans shall be made available to assistthe companies for the purpose of these transitions. referred to in this paragraph upon request. The plans and the updates shall be provided to the EIB or the relevant NPBI for the purposes of the reporting, accounting and evaluation requirements pursuant to Chapter VI of this Regulation.
Amendment 252 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 4
Article 1 – paragraph 1 – point 31 – point 4
Regulation (EU) 2015/1017
Annex II – Section 8 – point b – paragraph 2
Annex II – Section 8 – point b – paragraph 2
The Steering Board shall set specific diversification and concentration limits under the Solvency Support Window to ensure that the respective requirements of Article 9(2a)(b) and (c) are fulfilled, whilst avoiding excessive concentration in a limited number of Member States. The Steering Board shall regularly take stock of the economic impact of the Covid-19 pandemic on Member States and sectors. For that purpose, it shall monitor indicators such as the population, the inverse of GDP per capita and the deviation of Member States unemployment rate from the EU average during the period going from 2015 to 2019. On this basis, the Steering Board may decide to modify these limits, after consulting the Investment Committee.
Amendment 254 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 4
Article 1 – paragraph 1 – point 31 – point 4
Regulation (EU) No 2015/1017
Annex II – Section 8 – point b – paragraph 4 new
Annex II – Section 8 – point b – paragraph 4 new
The Steering Board shall report at regular intervals at least once a year to the European Parliament and the Council on the beneficiaries of this instrument and on the intermediaries’ activities, to ensure complete, correct and timely transparency of the programme.
Amendment 36 #
2020/0100(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission adopted a Communication on the European Green Deal on 11 December 20199 , drawing its roadmap towards a new growth policy for Europe and setting ambitious objectives to counter climate change and for environmental protection. In line with the objective to achieve climate neutrality in the Union by 205040 or before in an effective and fair manner, the European Green Deal announced a Just Transition Mechanism to provide means for facing the climate challenge while leaving no one behind. The most vulnerable regions and people are the most exposed to the harmful effects of climate change and environmental degradation. At the same time, managing the transition requires significant structural changes. _________________ 9 COM(2019) 640 final.
Amendment 40 #
2020/0100(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Commission adopted a Communication on the European Green Deal Investment Plan10 on 14 January 2020, establishing the Just Transition Mechanism which focuses on the regions, people and sectors that are currently most affected by the transition given their dependence on fossil fuels, including coal, peat and oil shale or greenhouse gas- intensive industrial processes but have less capacity to finance the necessary investments. The Just Transition Mechanism consists of three pillars: a Just Transition Fund implemented under shared management, a dedicated just transition scheme under InvestEU, and a public sector loan facility to mobilise additional investments to the regions concerned. _________________ 10 COM(2020) 21 final.
Amendment 43 #
2020/0100(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The proposal for establishing the Just Transition Fund was adopted by the Commission on 14 January 202011 . For the better programming and implementation of the Fund, territorial just transition plans are to be adopted, setting out the key steps and timeline of the transition process and identifying the territories most negatively affected by the transition towards a climate neutral economy and with less capacity to deal with the transition challenges. The partnership principle applies for the preparation, implementation, monitoring and evaluation of the territorial just transition plans as referred to in Article [7] of Regulation [JTF Regulation]. _________________ 11 COM(2020) 22 final
Amendment 45 #
2020/0100(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) A public sector loan facility (the ‘Facility’) should be provided. It constitutes the third pillar of the Just Transition Mechanism, supporting public sector entities in their investments. Such investments should meet the development needs resulting from the transition challenges described in the territorial just transition plans as adopted by the Commission. The activities envisaged for support should be consistent with and complement those supported under the other two pillars of the Just Transition MechanismRegulation ((EU) 2020/852 on the establishment of a framework to facilitate sustainable investment [Taxonomy Regulation] and complement and ensure synergies with those supported under the other two pillars of the Just Transition Mechanism. Investments that are inconsistent with the achievement of the Union’s climate and environmental objectives should not be eligible for support under this Facility.
Amendment 55 #
2020/0100(COD)
(5) In order to enhance the economic diversification of territories impacted by the transition, the Facility should cover a wide range of investments, on condition that they contribute to meet the development needs in the transition towards a climate neutral economy, as described in the territorial just transition plans. The investments supported may cover energy and transport infrastructure, district heating networks, green mobilitythe Union’s new 2030 targets for climate and energy and a climate neutral economy in the Union by 2040 or before, as described in the territorial just transition plans. The investments supported may cover clean technology and infrastructure for renewable energy and the decarbonisation of the transport sector, district heating networks, green and sustainable mobility, investments in research, innovation and digitalisation, smart waste management, clean renewable energy and energy efficiency measures, including renovations and conversions of buildings, support to transition to a circular economy, land restoration and decontamination, unless falling under the scope of liabilities for environmental damage in accordance with the polluter pays principle referred to in Article 191 TFEU, as well as up- and re-skilling, training and social infrastructure, including social housing. Infrastructure developments may also include solutions leading to their enhanced resilience to withstand ecological disasters. Comprehensive investment approach should be favoured in particular for territories with important transition needs. Investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. By supporting investments that do not generate sufficient revenues, the Facility aims at providing public sector entities with additional resources necessary to address the social, economic and environmental challenges resulting from the adjustment to climate transition. In order to help identify investments with a high positive environmental impact eligible under the Facility, the EU taxonomy on environmentally sustainable economic activities may be used. and that can make a substantial contribution to the Union’s climate and energy targets as well as to the maintaining of biodiversity, while respecting the principle of do no harm, the EU taxonomy on environmentally sustainable economic activities should be used. Investments should be screened to determine whether they have an environmental, climate or social impact and if necessary they should be subject to sustainability proofing in accordance with the guidance to be developed by the Commission under the InvestEU Programme.
Amendment 68 #
2020/0100(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) The objectives of the Facility should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article 191(1) of the TFEU, taking into account the polluter pays principle and the commitments agreed under the Paris Agreement.
Amendment 71 #
2020/0100(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
Amendment 72 #
2020/0100(COD)
Proposal for a regulation
Recital 5 c (new)
Recital 5 c (new)
(5 c) The Member States and the Commission should ensure that the implementation of the Facility contributes to the respect and the promotion of equality between women and men in accordance with Article 8 TFEU. Evaluations have shown the importance of taking the gender equality objectives into account in all dimensions and in all stages of the preparation, monitoring, implementation and evaluation of operational programmes, in a timely and consistent manner and therefore requires gender impact assessments, gender budgeting and monitoring of results from a gender perspective to be part of the programming cycle.
Amendment 94 #
2020/0100(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure that all Member States are granted the possibility to benefit from the grant component, a mechanism should be set up to establish earmarked national shares to be respected during a first stage, based on the distribution key proposed in the Just Transition Fund Regulation. The needs of less developed regions as referred to in Article [102(2)] of Regulation .../... [new CPR] should be taken into account. However, in order to reconcile that objective with the need to optimise the economic impact of the Facility and its implementation, such national allocations should not be earmarked after 31 December 2024. Thereafter, the remaining resources available for the grant component should be provided without any pre-allocated national share and on a competitive basis at Union level, while ensuring predictability for investment and following a needs-based and regional convergence approach and promoting economic, social and territorial cohesion.
Amendment 102 #
2020/0100(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Specific eligibility conditions and award criteria should be set out in the work programme and the call for proposals. Those eligibility conditions and award criteria should take into account the relevance of the project in the context of the development needs described in the territorial just transition plant criteria established by EU Taxonomy for Sustainable Investment, the ability of the project to meet the objectives and development needs described in the territorial just transition plans, the contribution to the climate transition, the adoption by the public sector entity requesting support of a phase-out plan for all fossil fuels in a timeframe compatible with the Paris Agreement goals, the overall objective of promoting regioneconomic, social and territorial convergencehesion and the significance of the grant component for the viability of the project. Union Support established by this Regulation should thus only be made available to Member States with at least one territorial just transition plan adopted. The work programme and calls for proposals will also take into account the territorial just transition plans submitted by Member States to ensure that coherence and consistency across the different pillars of the mechanism is ensured.
Amendment 134 #
2020/0100(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
The Facility shall provide support benefitting Union territories facing serious social, environmental and economic challenges deriving from the transition process towards the Union’s new 2030 targets for climate and energy and a climate-neutral economy ofin the Union by 205040 or before.
Amendment 148 #
2020/0100(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. 'territorial just transition plan' means a plan established together with relevant local and regional authorities and stakeholders of the territory concerned in accordance with Article 7 of Regulation [JTF Regulation] and approved by the Commission;
Amendment 149 #
2020/0100(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
5 a. The 'do no harm' principle means refraining from inflicting 'significant harm to environmental objectives' as defined in Article 17 of the Regulation (EU) 2020/852 [Taxonomy Regulation];
Amendment 154 #
2020/0100(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of the Facility is to address serious socio- economic and environmental challenges deriving from the transition process towards a climate-neutral economy for the benefit of the Union territories identified in the territorial just transition plans prepared by the Member States in accordance with Article 7 of Regulation [JTF Regulation] and to contribute to the EU policy objectives, in particular the Union’s new 2030 targets for climate and energy and the transition towards a climate-neutral economy in the Union by 2040 or before, in line with the UN Sustainable Development Goals, the Paris Agreement and the European Pillar of Social Rights.
Amendment 181 #
2020/0100(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. An amount up to 2% of the resources referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the Facility such as preparatory, monitoring, control, audit, information, communication, publicity and evaluation activities including corporate information and technology systems, as well as administrative expenditure and fees of the finance partners.
Amendment 192 #
2020/0100(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. For grants awarded pursuant to calls for proposals launched as from 1 January 2025, Union support awarded to eligible projects shall be provided without any pre-allocated national share and on a competitive basis at Union level until exhaustion of remaining resources. The award of such grants shall place special attention on less developed regions as referred to in Article [102(2)] of Regulation .../... [newCPR] and take into account the need to ensure predictability of investment and the promotion of regional econvergenceomic, social and territorial cohesion .
Amendment 198 #
2020/0100(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall adopt a decision by means of an implementing act setting out the respective shares for each Member State resulting from the application of the methodology set out in Annex I of Regulation [JTF Regulation] and the application of a redistributive factor taking into account the need of less developed regions as referred to in Article [102(2)] of Regulation .../... [new CPR] in the form of percentages of the total available resources.
Amendment 205 #
2020/0100(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the projects achieve measurable impact in addressing serious social, economic or environmental challenges deriving from the transition process towards a climate-neutral economy and benefitthe Union’s new 2030 targets for climate and energy and a climate-neutral economy in the Union by 2040 or before and contribute to the objectives and needs of the territories identified in a territorial just transition plan, even if they are not located in those territories;
Amendment 213 #
2020/0100(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a a (new)
Article 8 – paragraph 1 – point a a (new)
(a a) the projects are consistent with the criteria established by the Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment [Taxonomy Regulation];
Amendment 214 #
2020/0100(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a b (new)
Article 8 – paragraph 1 – point a b (new)
Amendment 227 #
2020/0100(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(d a) the projects have been subject to a gender impact assessment;
Amendment 229 #
2020/0100(COD)
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
The Commission shall, by means of implementing acts, establish the guidelines on how to conduct the impact assessment referred to in point (da) of paragraph 1 and to specify the content and format of the information and data to be provided. These guidelines shall be developed in cooperation with the implementing partners and after consulting the relevant experts and stakeholders, in particular national women's organisations from Member States.
Amendment 230 #
2020/0100(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 250 #
2020/0100(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
The Facility shall be implemented by work programmes established in accordance with Article 110 of the Financial Regulation. The work programmes shall set out the national shares of resources, including any additional resources, for each Member State in accordance with Articles 4(1) and 6(2) of this RegulationCommission shall adopt delegated acts in accordance with Article 17 in order to establish work programmes in accordance with Article 110 of the Financial Regulation. The work programmes shall specify the criteria and conditions for the selection and for the prioritisation of projects, taking into account the relevant criteria laid down by Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment [Taxonomy Regulation], the project’s ability to meet the objectives and needs identified in the territorial just transition plans, the contribution to the climate transition, the adoption by the public sector entities requesting financing of a credible decarbonisation plan, including dates for the phase-out of fossil fuels in a timeframe compatible with the Paris Agreement targets, as well as the overall objective of promoting economic, social and territorial cohesion and the grant’s contribution to the viability of projects.
Amendment 253 #
2020/0100(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Selection of finance partners other than the EIB The Commission shall adopt delegated acts in accordance with Article 17 of this Regulation in order to set out the details of eligibility conditions and selection procedures for finance partners other than EIB. The eligibility conditions for the finance partners other than the EIB shall reflect the objectives of the Facility. In particular, when selecting the finance partners, the Commission shall take into account their capacity: (a) to ensure that their energy lending policy and standards are at least as stringent as the ones applied by the EIB; (b) to maximise the impact of the EU guarantee through own resources; (c) to ensure appropriate geographical diversification of the Facility and allow for the financing of smaller projects; (d) to implement thoroughly the requirements set out in Articles 155(2) and 155(3) of the Financial Regulation concerning tax avoidance, tax fraud, tax evasion, money laundering, terrorism financing and non-cooperative jurisdictions; (e) to ensure transparency and public access to information concerning each project; (f) to ensure the consistency of their lending policy with the new Union’s 2030 targets for climate and energy and the objective of a climate neutral economy in the Union by 2040 and the alignment with the EU commitments under the Paris Agreement; (g) to integrate the analysis of environmental, climate, social and governance factors in the selection and evaluation of projects. The Commission shall publish the selection results.
Amendment 257 #
2020/0100(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. The Commission shall report annually on the implementation of the Facility in accordance with Article 250 of the Financial Regulation. That report shall provide information on the results and impact of the Facility with respect to its objectives and performance indicators, in particular its contribution to addressing the transition needs and to the EU sustainability objectives including its impact on climate, the environment, the social dimension and gender equality. For that purpose, finance partners and beneficiaries shall provide on an annual basis all the necessary information and data.
Amendment 259 #
2020/0100(COD)
Proposal for a regulation
Article 14 – paragraph 2 b (new)
Article 14 – paragraph 2 b (new)
2 b. The projects financed under this Facility shall be screened to determine whether they have an environmental, climate, social or gender impact. If those projects have such an impact they shall be subject to a sustainability proofing mechanism, with a view to minimise detrimental impacts and maximise benefits on climate, environment and social dimensions as well as on gender equality, in line with EU sustainability objectives, on the basis of the guidance to be developed by the Commission under the InvestEU Programme. For that purpose, entities requesting financing shall provide adequate information based on the guidance by the Commission. Projects below a certain size defined in the guidance shall be excluded from the proofing.
Amendment 268 #
2020/0100(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Audits on the use of the Union support provided under the Facility shall be carried out by persons or entities, including by other than those mandated by the Union Instituthe Court of Auditors in accordance with Article 287 TFEU. The Court of Auditors shall issue a special report on the implementations or bodies, shall form the basis of the overall assurance pursuant to Article 127 of the Financialf the Facility once the rate of implementation of the projects financed reaches at least 60%, but no later than five years after the entry into force of this Regulation.
Amendment 279 #
2020/0100(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. The Commission shall make publicly available upon delivery any opinions issued on the projects selected or financed under this Facility in accordance with the procedure provided for in Article 19 of the Statute of the EIB.
Amendment 285 #
2020/0100(COD)
Proposal for a regulation
Annex II – point 6 – point 6.4
Annex II – point 6 – point 6.4
6.4 Direct support to transiclimate transition, decarbonisation (renewable energy, energy efficiency) and other environmental objectives
Amendment 286 #
2020/0100(COD)
Proposal for a regulation
Annex II – point 6 – point 6.4 a (new)
Annex II – point 6 – point 6.4 a (new)
6.4 a Substantial contribution to sustainability objectives as defined in Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment [Taxonomy Regulation]
Amendment 287 #
2020/0100(COD)
Proposal for a regulation
Annex II – point 6 – point 6.6 a (new)
Annex II – point 6 – point 6.6 a (new)
6.6 a Quality of housing (including energy efficiency)
Amendment 53 #
2020/0006(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular the third paragraph of Article 175, 192 (1), 194 (1) and 194 (2) thereof,
Amendment 54 #
2020/0006(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The regulatory framework governing the Union’s cohesion policy for the period from 2021 to 2027, in the context of the next multi-annual financial framework, contributes to the fulfilment of the Union’s commitments to implement the Paris Agreement, in particular the objective of limiting the global temperature increase to 1.5 °C above pre- industrial levels, and the United Nations Sustainable Development Goals by concentrating Union funding on green objectives. This Regulation implements one of the priorities set out in the Communication on the European Green Deal (‘the European Green Deal’)11 and is part of the Sustainable Europe Investment Plan12 providing dedicated financing under the Just Transition Mechanism in the context of cohesion policy to address the economic and social costhallenges and opportunities of the transition to a climate- neutral and circular economy, where any remaining greenhouse gas emissions are compensated by equivalent absorptions, environmentally sustainable, fully renewables-based, highly resource and energy efficient and circular economy that is relatively decoupled from resource consumption, where there are no net emissions of greenhouse gases and no other adverse impacts on human health and the environment related to, inter alia, the deterioration of biodiversity and ecosystems, overconsumption of resources or chemical pollution. __________________ 11 COM(2019) 640 final, 11.12.2019. 12 COM(2020) 21, 14.1.2020.
Amendment 57 #
2020/0006(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The transition to a climate-neutral, environmentally sustainable, fully renewable-based and circular economy constitutes one of the most important policy objectives for the Union. On 12 December 2019, the European Council endorsed the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement. In January 2020, the European Parliament called for urgent action to tackle climate change and environmental challenges and supported the commitment to transforming the Union into a healthier, sustainable, fair, just and prosperous society with net-zero emissions of greenhouse gases. On 17 April 2020, it further stressed that the objective of climate neutrality should inform the policy responses to combat the COVID-19 pandemic and its consequences and that the Green Deal strategy should be at the core of the recovery and reconstruction of the European economy. While fighting climate change and environmental degradation will benefit all in the long term and provides opportunities and challenges for all in the medium term, not all regions and Member States start their transition from the same point or have the same capacity to respond. Some are more advanced than others, whereas the transition entails a wider social and economic impact for those regions that currently rely heavily on fossil fuels - especially coal, lignite, peat and oil shale - or greenhouse gas intensive industries. Such a situation may not only creates the risk of a variable speedendanger the transition in the Union as regards climate action, but may also lead tof growing disparities between regions, detrimental to the objectives of social, economic and territorial cohesion.
Amendment 80 #
2020/0006(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation establishes the Just Transition Fund (‘JTF’) which is one of the pillars of the Just Transition Mechanism implemented under cohesion policy. The aim of the JTF is to mitigate the adverse effectaddress the challenges and opportunities of the climateenergy transition by supporting the most affected territories and workers concernedinvesting in sustainable activities and supporting the most affected territories, workers and communities to adjust their industrial and economic structures. In line with the JTF specific objective, actions supported by the JTF should directly contribute to alleviate the impact offacilitate and support the transition process by financing the diversification and modernisation of the local economy and by mitigating the negative repercussions on employmentstrengthening its resilience through direct support to environmentally and socially sustainable activities. This would compensate for expected job losses resulting from the conversion or closure of greenhouse gas intensive activities while securing more sustainable and high-quality jobs. This is reflected in the JTF specific objective, which is established at the same level and listed together with the policy objectives set out in Article [4] of Regulation EU [new CPR].
Amendment 92 #
2020/0006(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In view of the importance of tackling climate changelimiting the temperature increase to 1.5 °C above pre-industrial levels in line with the Union’s commitments to implement the Paris Agreement, the commitment regarding the United Nations Sustainable Development Goals and the increased ambition of the Union as proposed in the European Green Deal, the JTF should provide a key contribution to mainstream climate actions. Resources from the JTF own envelope are additional and come on top of the investments needed to achieve the overall target of 250% of the Union budget expenditure contributing to climate objectives. Resources transferred from the ERDF and ESF+ will contribute fully to the achievement of this target.
Amendment 103 #
2020/0006(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The resources from the JTF should complement the resources available under cohesion policy but should by no means replace such investments.
Amendment 106 #
2020/0006(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The size of the Fund should be substantially increased by resources allocated in the Union budget, including the possibility to reallocate fossil fuel subsidies to be phased out and additional Union own resources coming from the introduction of new sustainable taxes, in particular in the environmental sector, to ensure that part of the costs of financing the just transition are borne by those economic sectors that have generated the highest environmental costs on the community, in line with the principle of solidarity and the respect of the polluter- pays principle enshrined in Article 191 TFEU;
Amendment 110 #
2020/0006(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Transitioning to a climate-neutral economy is both a challenge for all Member Statesand an opportunity for all to make the economy sustainable, stable and resilient in order to better respond to future crises and ensure the prosperity of society within the boundaries of the planet. It will be particularly demandchallenging for those Member States that currently rely heavily on fossil fuels or greenhouse gas intensive industrial activities which need to be phased out or which need to adapt due to the transition towards climate neusubstantially transformed to limit the temperature increase to 1.5 °C above pre- industriality levels and that lack the financial means to do so. The JTF should therefore cover all Member States, but tcover all Member States provided they have adopted legally binding targets and measures for the phase out of all fossil fuels in a timeframe compatible with Paris Agreement, including the phase out of coal by 2030 at the latest. The distribution of its financial means should reflect the capacity of Member States to finance the necessary investments to cope with the transition towards climate neutrality.
Amendment 118 #
2020/0006(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Transitioning to climate-neutrality also presents new economic opportunities. In particular, the reconversion of former mine sites to renewable energy generation and construction of renewable energy infrastructure in such sites or neighbouring areas can provide green jobs to post-mining communities. The shift from coal based regional economies and energy systems to renewable energy can enable local communities to become active participants in and owners of the energy transition and move from single- to a multi-industry model. The reconversion of coal regions to renewable energy hubs benefits from the existence of infrastructure and extensive availability of land as well as trained personnel. Moreover, such reconvention can contribute to energy security and resilience, based on a decentralised energy system model.
Amendment 121 #
2020/0006(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to set out an appropriate financial framework for the JTF, the Commission should set out the annual breakdown of available allocations per Member State under the Investment for jobs and growth goal, based on objective criteria and clear incentives and conditionalities.
Amendment 124 #
2020/0006(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. The list of investments should includprioritise those that support people, communities and local economies and are sustainable in the medium and long- term, taking into account all the objectives of the Green Deal. The projects financed should contribute to a transition to a climate- neutral and circular econom, fully renewables-based, highly resource and energy efficient and circular economy which does no harm biodiversity. For declining sectors, such as energy production based on coal, lignite, peat, gas and oil shale, or extraction activities for these solid fossil fuels, support should be linked to the phasing out of the activity and the corresponding reduction in the employment levelin a timeframe consistent with the objective of limiting the temperature increase to 1.5 °C above pre-industrial levels and the corresponding reduction in the employment level. Credible studies suggest that phasing out coal by 2030 offers the optimal least-cost way for the EU to implement relevant aspects of the Paris Agreement. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new technologies, new processes or products, leading to significant emission reduction, in line with the EU 2030 climate objectives and EU climate neutrality by 20501340 or before while maintaining and enhancing employment and avoiding environmental degradation. Particular attention should also be given to activitiespplying the energy efficiency first principle and the polluter pays principle and to supporting activities which maximise community benefits, such as support to renewable local energy communities and renewable energy prosumers, as well as those enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, provided that such measures help mitigate the negative side effects of aemployment shift in the transition towards, and contribute to, a climate- neutral and circular economy. __________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
Amendment 134 #
2020/0006(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. The list of investments should includprioritize those that support local economies and are sustainable in the long- term, taking into account all the objectives of the Green Deal. The projects financed should contribute to a transition to a climate-neutral and circular economy. For declining sectors, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the phasing out of the activity and the corresponding reduction in the employment level. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new technologies, new processes or products, leading to significant emission reduction, in line with the EU 2030 climate objectives and EU climate neutrality by 205013 while maintaining and enhancing employment and avoiding environmental degradation. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a climate- neutral and circular economy. __________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
Amendment 140 #
2020/0006(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To protect citizens who are most vulnerable to the climate transition, the JTF should also cover the up-skilling and reskilling of the affected workers, with the aim of helping them to adapt to new employment opportunities, as well as providing job-search assistance to jobseekers and their active inclusion into the labour market. It is important to note that transition to renewables-based economy holds a significant job creation potential that can eventually lead to higher employment levels in territories currently dependent on fossil fuels.
Amendment 145 #
2020/0006(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Member States and the Commission should ensure that the implementation of the priorities financed under the JTF contributes to the respect and the promotion of equality between women and men in accordance with Article 8 TFEU. Gender equality objectives and the economic independence of women should be ensured in all dimensions and in all stages of the preparation, monitoring, implementation and evaluation of operational programmes in a timely and consistent manner.
Amendment 152 #
2020/0006(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to enhance the economic diversification of territories impacted by the transition, the JTF should provide support to productive investment in SMEs. Productive investment should be understood as investment in fixed capital or immaterial assets of enterprises in view of producing goods and services thereby contributing to gross-capital formation and employment. For enterprises other than SMEs, productive investments should only be supported if they are necessary for mitigating job losses resulting from the transition, by creating or protecting a significant number of jobs and they do not lead to or result from relocation, and if such investments contribute to climate- neutrality by 2040 or before. Investments in existing industrial facilities, including those covered by the Union Emissions Trading System, should be allowed if they contribute to the transition to a climate- neutral economy by 20540 or before and go substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC of the European Parliament and of the Council14 and if they result in the protection of a significant number of jobs. Any such investment should be justified accordingly in the relevant territorial just transition plan. These investments should not be made in fossil fuel installations and should not increase or maintain dependency on fossil fuels. In order to protect the integrity of the internal market and cohesion policy, support to undertakings should comply with Union State aid rules as set out in Articles 107 and 108 TFEU and, in particular, support to productive investments by enterprises other than SMEs should be limited to enterprises located in areas designated as assisted areas for the purposes of points (a) and (c) of Article 107(3) TFEU. __________________ 14Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 158 #
2020/0006(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) In order to ensure that the Fund is not used to pay for the costs of restoring environmental damages that fall under the environmental liability of an undertaking and not to distort incentives to reduce pollution and other environmental impacts, support to investment related to the regeneration and decontamination of sites, restoration of ecosystems and repurposing projects, should be used as a last resort only when no company can be held legally liable to finance such actions, in accordance with the polluter-pays principle enshrined in Article 191 TFUE;
Amendment 171 #
2020/0006(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The JTF support should be conditional on the effective implementation of a just transition process in a specific territory in order to achieve a climate-neutral economy. In that regard, Member States should prepare, intogether with the regional and local authorities and in close cooperation with the relevant stakeholders and supported by the Commission, territorial just transition plans, detailing the transition process, consistently and possibly going further than with their National Energy and Climate Plans. To this end, the Commission should set up a Just Transition Platform, which would build on the existing platform for coal regions in transition to enable bilateral and multilateral exchanges of experience on lessons learnt and best practices across all affected sectors.
Amendment 179 #
2020/0006(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The territorial just transition plans should identify the people and territories most negatively affected, where JTF support should be concentrated and describe specific actions to be undertaken and precise targets and timelines to be achieved to reach a climate-neutral economy by 2040 or before, notably as regards the conversion or closure of facilities involving fossil fuel production or other greenhouse gas intensive activities, including, where coal is used, a clear roadmap of phasing out coal by 2030 at the latest. Those territories should be precisely defined and correspond to NUTS level 3 regions or should be parts thereof. The plans should detail the challenges and needs of those territories and identify the type of operations needed in a manner that ensures the coherent development of climate-resilient economic activities that are also consistent with the transition to climate-neutrality and the objectives of the Green Deal. The plans should also assess the renewable energy potential in relevant regions. Only investments in accordance with the transition plans should receive financial support from the JTF. The territorial just transition plans should be part of the programmes (supported by the ERDF, the ESF+, the Cohesion Fund or the JTF, as the case may be) which are approved by the Commission.
Amendment 186 #
2020/0006(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to enhance the result orientation of the use of JTF resources, the Commission, in line with the principle of proportionality, should be able to apply financial corrections in case of serious underachievement of targets established for the JTF specific objective.
Amendment 192 #
2020/0006(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The objectives of this Regulation, namely to support territories facing extraordinary economic and social transformationchallenges in their transition to a climate- neutral economy, cannot be sufficiently achieved by the Member States alone. The main reasons in this regard are, on the one hand, the disparities between the levels of development of the various territories and the backwardness of the least favoured territories, as well as the limit on the financial resources of the Member States and territories and, on the other hand, the need for a coherent implementation framework covering several Union funds under shared management. Since those objectives can better be achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,
Amendment 198 #
2020/0006(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the Just Transition Fund (‘JTF’) to provide support to territories facing serious socio- economic challenges deriving fromhe affected territories and people in the transition process towards a climate- neutral, environmentally sustainable, fully renewables-based, highly resource and energy efficient and circular economy of the Union by 205040 or before.
Amendment 209 #
2020/0006(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
In accordance with the second subparagraph of Article [4(1)] of Regulation (EU) [new CPR], the JTF shall contribute to the single specific objective ‘enabling regions and people to address the social, economic and environmental impacts of the transition towards the attainment of ambitious EU target for greenhouse gas emission reduction for 2030 consistent with the objective of achieving a climate- neutral economy’. by 2040 or before and limiting global heating to 1.5 °C above pre-industrial levels. In particular, the JTF shall support efforts to fully realise the considerable job creation potential of this transition.
Amendment 216 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be EUR 7.5 billion in 201811 270 459 000 in current prices, which may be increased, as the case may be, by additional resources allocated in the Union budget, and by other resources in accordance with the applicable basic act.
Amendment 226 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be EUR 7.530 billion in 2018 prices, which mayshall be increased, as the case may be, by additional resources allocated in the Union budget, including introducing new sustainable taxes on carbon, aviation, plastics, digital and finance, creating a border carbon adjustment mechanism or through revenues from the EU emissions trading system and by other resources in accordance with the applicable basic act.
Amendment 230 #
2020/0006(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Resources from the European Union Recovery Instrument 1. Measures referred to in Article 2 of Regulation [[European Recovery Instrument]shall be implemented under the Just Transition Fund with an amount of EUR 32 803 000 000 in current prices of the amount referred to in point (vi) of Article 3(2)(a) of that Regulation, subject to its Article 4(3), (4) and (8). This amount shall be considered other resources as referred to in Article 3(2) and shall constitute external assigned revenues in accordance with Article 21(5) of Regulation (EU, Euratom) 2018/1046. They shall be made available for budgetary commitment under the Investment for jobs and growth goal for the years 2021 to 2024 in addition to the global resources set out in Article 3 as follows: – 2021: EUR 7 954 600 000; – 2022: EUR 8 114 600 000; – 2023: EUR 8 276 600 000; – 2024: EUR 8 441 600 000. In addition, EUR 15 600 000 in current prices shall be made available for administrative expenditure from the resources referred to in the first subparagraph. 2. 0.35% of the amount referred to in the first subparagraph of paragraph 1 shall be allocated to technical assistance at the initiative of the Commission. 3. The annual breakdown of the amount referred to in paragraph 1 by Member States shall be included in the Commission decision referred to in Article 3(3) in accordance with the methodology set out in Annex I.
Amendment 237 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The JTF shall only support activities that are directly linked to its specific objective as set out in Article 2 and which contribute to the implementation of the territorial just transition plans established in accordance with Article 7. The JTF shall only support activities in Member States that have adopted a clear timeline to phase out fossil fuels and to transition to a climate-neutral, a fully renewables-based, highly resource and energy efficient, circular economy by 2040 or before, including a pre-2030 date for the phase-out of coal, where coal is used.
Amendment 251 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point a
Article 4 – paragraph 2 – subparagraph 1 – point a
(a) productive and sustainable investments in SMEs, including start-ups, leading to economic diversification and reconversion;
Amendment 256 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point b
Article 4 – paragraph 2 – subparagraph 1 – point b
(b) investments in the creation of new firms, including through business incubators and consulting services, especially leading to renewable technology-enabled job creation;
Amendment 263 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point c
Article 4 – paragraph 2 – subparagraph 1 – point c
(c) investments in sustainable research and innovation activities and fostering the transfer of advanced green technologies;
Amendment 276 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable cleansafe and sustainable energy, in greenhouse gas emission reduction, energy efficiency and renewable energy;
Amendment 282 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
(da) investments in energy renovation of buildings, in line with the upcoming Renovation Wave, with a focus on upskilling and re-skilling workers in that field;
Amendment 291 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d b (new)
Article 4 – paragraph 2 – subparagraph 1 – point d b (new)
(db) investments in highly energy efficient renewables based district heating networks including studies for exploring of potential of renewables to replace fossil fuel-based district heating;
Amendment 307 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f
Article 4 – paragraph 2 – subparagraph 1 – point f
(f) investments in regeneration and decontamination of sites, land restoration and repurposing projects, including the reconversion of coal mines to renewable energy generation, with the exception of preventive and remedial actions due under Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 and implementing national legislation, in accordance with the ''polluter pays'' principle pursuant to Article 45 of Commission Regulation (EU) No615/2014 and to national legislation on soil remediation;
Amendment 323 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 3
Article 4 – paragraph 2 – subparagraph 3
The JTF may also support investments to achieve the reduction of greenhouse gas emissions from activities listed in Annex I to Directive 2003/87/EC of the European Parliament and of the Council provided that such investments have been approved as part of the territorial just transition plan based on the information required under point (i) of Article 7(2) and that they comply with the other conditions laid down in paragraph 2b of this Article. Such investments shall only be eligible where they are necessary for the implementation of the territorial just transition plan.
Amendment 331 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point h
Article 4 – paragraph 2 – subparagraph 1 – point h
(h) upskilling and reskilling of workers while pursuing a gender balance perspective;
Amendment 344 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 a (new)
Article 4 – paragraph 2 – subparagraph 1 a (new)
Activities referred to in points (a) to (g) shall be eligible exclusively if they are considered environmentally sustainable in accordance with Article [ ] of Regulation.../…[Taxonomy Regulation].
Amendment 345 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Additionally, the JTF may support, in areas designated as assisted areas in accordance with points (a) and (c) of Article 107(3) of the TFEU and in compliance with Union State aid rules as set out in Articles 107 and 108 TFEU, productive investments in enterprises other than SMEs, provided that such investments have been approvedcomply with criteria set out in [Articles] Regulation (EU) .../… [Taxonomy Regulation] and provided that such enterprises publicly provide a clear binding plan in line with the objective of climate neutrality by 2040 or before and other relevant information based on templates to be developed by the Commission. Such investments shall be subject to approval by the Commission as part of the territorial just transition plan based on the information required under point (h) and (i) of Article 7(2). Such investments shall only be eligible where they are necessary for the implementation of the territorial just transition plan.
Amendment 352 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 3
Article 4 – paragraph 2 – subparagraph 3
The JTF may also support investments to achieve the reduction of greenhouse gas emissions from activities listed in Annex I to Directive 2003/87/EC of the European Parliament and of the Council provided that: such investments have been approvedcomply with criteria set out in [Articles]Regulation (EU) .../… [Taxonomy Regulation] and provided that such enterprises publicly provide a clear binding plan in line with the objective of climate neutrality by 2040 or before and other relevant information based on templates to be developed by the Commission. Such investments shall be subject to approval by the Commission as part of the territorial just transition plan based on the information required under point (i) of Article 7(2). Such investments shall only be eligible where they are necessary for the implementation of the territorial just transition plan.
Amendment 355 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 3 a (new)
Article 4 – paragraph 2 – subparagraph 3 a (new)
The Commission shall be empowered to adopt delegated acts to develop templates specifying the content and presentation of the information to be disclosed in pursuant to Art. 4 paragraph 2.
Amendment 360 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the decommissioning, maintenance or the construction of nuclear power stations, as well as the management or storage of nuclear waste;
Amendment 370 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) investment related to the production, processing, distribution, transport, storage or combustion of fossil fuels, including natural gas;
Amendment 376 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) investments in residual waste treatment facilities;
Amendment 378 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e b (new)
Article 5 – paragraph 1 – point e b (new)
(eb) activities relating to the scheduling of new fossil fuel extraction or peat production, including the reopening of temporary decommissioned extraction facilities in the NUTS 2 region in which the territory falls, during the duration of the programme.
Amendment 386 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Amendment 401 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall prepare, together with the relevant authorities of the territories concregional and local authorities and other stakeholders refernred to in paragraph 3, one or more territorial just transition plans covering one or more affected territories corresponding to level 3 of the common classification of territorial units for statistics (‘NUTS level 3 regions’) as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council as amended by Commission Regulation (EC) No 868/201417 or parts thereof, in accordance with the template set out in Annex II. Those territories shall be those most negatively affected based onwhich require additional support to achieve the economic and social impacts resulting from the transition, in particular with regard to expected job losses in fossil fuel production and use and the transformation needs of the production processes of industrial facilities with the highest greenhouse gas intensity. __________________ 17 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154 21.6.2003, p. 1).
Amendment 407 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) a description of the transition process at national level towards a climate- neutral, economy, including a timeline for key transition steps which are consistentnvironmentally sustainable, fully renewables-based, highly resource and energy efficient and circular economy by 2040 or before and a timeline for key transition steps, including a timeline with milestones aimed at phasing out coal power plans by 2030 where coal is used and a clear date for the phase-out of all fossil fuels in line with the latest version of the National Energy and Climate Plan (‘NECP’);
Amendment 415 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Territorial just transition plans shall be consistent with the objective of limiting the global temperature increase to 1.5°C above pre-industrial levels. Investments under the plan shall not lead to environmentally harmful lock-in effects, in particular carbon intensive lock-in effects. The plan shall offer opportunities to further strengthen resilient local economies, local supply chains and relocalisation efforts.
Amendment 416 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) a justification for identifying the territories as most negatively affected bywhich require additional support to achieve the transition process referred to in point (a) and to be supported by the JTF, in accordance with paragraph 1;
Amendment 421 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) an assessment of the transition challenges faced by the most negatively affected territorieserritories which require additional support for the transition, including the social, economic, and environmental and gender-related impact of the transition to a climate- neutral, fully renewable-based, highly resource and energy-efficient and circular economy, identifying the potential number of affected jobs and job losses, the development needs and objectives, to be reached by 2030 linked to the transformation or closure of greenhouse gas-intensive activities in those territories;
Amendment 425 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c a (new)
Article 7 – paragraph 2 – point c a (new)
(ca) an assessment of job creation potential from deployment of renewable energy technologies in identified territories;
Amendment 434 #
2020/0006(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Review clause At the latest by the end of mid-term review of the next multi-annual financial framework, the Commission shall assess the appropriateness of amending Articles 4 and 5 of this Regulation as regards the expansion of the scope to cover other sustainable economic activities as well as additional exclusions from the scope of activities that do significantly harm environmental sustainability, in line with the possible changes in the Regulation 2020/... [Taxonomy Regulation], the Union’s climate objectives as defined under Regulation (EU) 2020/… [European Climate Law] and the evolution in the implementation of the Sustainable Finance Action Plan. On that basis, the Commission shall submit a report to the European Parliament and to the Council, which may be accompanied by legislative proposals.
Amendment 441 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a – point ii
Annex I – paragraph 1 – point a – point ii
(ii) employment in mining of coal and lignite (weighting 250%),
Amendment 446 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The territorial just transition plans shall exclude any investment in fossil fuels and nuclear energy infrastructure.
Amendment 447 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The preparation, development and implementation of territorial just transition plans shall involve all the relevant partnersstakeholders , economic and social partners, representatives of the civil society, experts, training and research institutions, employers, trade unions, and community-based organisations, in accordance with Article [6] of Regulation (EU) [new CPR].
Amendment 448 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a – point iii
Annex I – paragraph 1 – point a – point iii
(iii) employment in industry in the NUTS level 2 regions taken into account for the purposes of point (i) (weighting 250%),
Amendment 450 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a – point iii a (new)
Annex I – paragraph 1 – point a – point iii a (new)
(iiia) an ambitious phase out plan of lignite and coal mining before 2030, proportional to the number of remaining mines and power plants (weighting 10%);
Amendment 453 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Territorial just transition plans shall be consistent with the territorial strategies referred to in Article [23] of Regulation (EU) [new CPR], with relevant smart specialisation strategies, the NECPs and the European Pillar of Social Rights, the Union’s commitment under the Paris Agreement and the United Nations Sustainable Development Goals.
Amendment 456 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
(b) the allocations resulting from the application of point (a) are adjusted to ensure that no Member State receives an amount exceeding EUR 2 bill20% of the total allocation. The amounts exceeding EUR 2 billionthe 20% threshold per Member State are redistributed proportionally to the allocations of all other Member States. The Member States shares are recalculated accordingly;
Amendment 458 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 a (new)
Article 7 – paragraph 4 – subparagraph 1 a (new)
4a. The territorial just transition plans, the minutes of the meetings and the decisions regarding the selection of projects and operations shall be made publicly accessible. The preparation and development of territorial transition plans shall be subject to public consultation.
Amendment 473 #
2020/0006(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State and conduct stakeholder consultation in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
Amendment 479 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a – point i
Annex I – paragraph 1 – point a – point i
(i) greenhouse-gas emissions of industrial facilities in NUTS level 2 regions where the carbon intensity, as defined by the ratio of greenhouse gas emissions of industrial facilities as reported by Member States in accordance with Article 7 of Regulation (EC) No 166/2006 of the European Parliament and of the Council28 compared to the gross value added of the industry, exceeds by a factor of two the EU-27 average. Where that level is not exceeded in any NUTS level 2 regions in a given Member State, greenhouse-gas emissions of industrial facilities in the NUTS level 2 region with the highest carbon intensity is taken into account (weighting 4935%), __________________ 28Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ L 33, 4.2.2006, p. 1).
Amendment 483 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a – point ii
Annex I – paragraph 1 – point a – point ii
(ii) employment in mining of coal and lignite (weighting 250%),
Amendment 486 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a – point ii a (new)
Annex I – paragraph 1 – point a – point ii a (new)
(iia) an ambitious phase out of lignite and coal mining before 2030, proportional to the number of remaining mines and power plants (weighting 10%)
Amendment 491 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a – point iii
Annex I – paragraph 1 – point a – point iii
(iii) employment in industry in the NUTS level 2 regions taken into account for the purposes of point (i) (weighting 250%),
Amendment 497 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a – point v a (new)
Annex I – paragraph 1 – point a – point v a (new)
(va) the percentage by which Member States commit to reducing their greenhouse gas emissions, as reflected in the respective 2030 National Energy and Climate Plans (weighting 14%);
Amendment 503 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
(b) the allocations resulting from the application of point (a) are adjusted to ensure that no Member State receives an amount exceeding EUR 2 billion27% of total budget of the Fund. The amounts exceeding EUR 2 billion27% of total budget of the Fund per Member State are redistributed proportionally to the allocations of all other Member States. The Member States shares are recalculated accordingly;
Amendment 510 #
2020/0006(COD)
Proposal for a regulation
Annex II – point 1 – paragraph 1
Annex II – point 1 – paragraph 1
Reference: Article 7(2)(a) Outline of the expected transition process towards a climate-neutral economy, in line with the objectives of the National Energy and Climate Plans and other existing transition plans with a timeline for ceasing activities such as all activities related to coal and lignite mining and fossil fuels-based electricity production.
Amendment 511 #
2020/0006(COD)
Proposal for a regulation
Annex II – point 2 – introductory part
Annex II – point 2 – introductory part
2. Assessment of transition challenges and opportunities, for each of the identified territory
Amendment 512 #
2020/0006(COD)
Proposal for a regulation
Annex II – point 2 – point 2.1 – introductory part
Annex II – point 2 – point 2.1 – introductory part
2.1. Assessment of the economic, social and territorial impact of the transition to a climate-neutral economy, environmentally sustainable, fully renewables-based, highly resource and energy efficiency, and circular economy by 2040 or before.