Activities of Andrzej HALICKI
Plenary speeches (88)
Situation in Moldova (debate)
Importance of European remembrance for the future of Europe (debate)
The Turkish military operation in northeast Syria and its consequences (debate)
Presentation by the Commission President-elect of the College of Commissioners and their programme (debate)
Eastern neighbourhood developments (debate)
The Rule of Law in Malta, after the recent revelations around the murder of Daphne Caruana Galizia (debate)
Animal welfare conditions during transport to third countries (debate)
Distortion of European history and remembrance of the Second World War (topical debate)
Ongoing hearings under article 7(1) of the TEU regarding Poland (debate)
The ongoing threat for the Rule of law in Poland (debate)
Presentation of the programme of activities of the German Presidency (debate)
Conclusions of the extraordinary European Council meeting of 17-21 July 2020 (continuation of debate)
Determination of a clear risk of a serious breach by the Republic of Poland of the rule of law - LGBTI-free zones in Poland within the scope of the Rete Lenford case (debate)
Situation in Belarus - Situation in Lebanon - Situation in Russia, the poisoning of Alexei Navalny (debate)
Recommendation to the Council, the Commission and the VPC/HR on relations with Belarus (debate)
Abortion rights in Poland (debate)
The continuous violations of human rights in Belarus, in particular the murder of Raman Bandarenka
Conclusions of the European Council meeting of 10-11 December 2020 – MFF, Rule of Law Conditionality and Own Resources – Council regulation laying down the multiannual financial framework for the years 2021 to 2027 – Proposal for an Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources – Regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States (debate)
The arrest of Aleksei Navalny (debate)
Declaration of the EU as an LGBTIQ Freedom Zone (debate)
Application of Regulation (EU, Euratom) 2020/2092, the rule of law conditionality mechanism (continuation of debate)
Citizens, Equality, Rights and Values Programme 2021-2027 (debate)
Russia, the case of Alexei Navalny, military build-up on Ukraine's border and Russian attack in the Czech Republic (debate)
EU Digital COVID Certificate - Union citizens – EU Digital COVID Certificate - third-country nationals (debate)
Systematic repression in Belarus and its consequences for European security following abductions from an EU civilian plane intercepted by the Belarusian authorities (debate)
Rule of law situation in the European Union and the application of the Conditionality Regulation (EU, Euratom 2020/2092) (debate)
Urgent need to complete the procedures for nominations for the full functioning of the European Public Prosecutor’s Office (debate)
Breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the adopted legal changes in the Hungarian Parliament - The outcome of 22 June hearings under Article 7(1) of the TEU regarding Poland and Hungary (debate)
State of the Union (debate)
Media freedom and further deterioration of the Rule of law in Poland (debate)
The situation in Belarus after one year of protests and their violent repression (debate)
The state of play on the submitted RRF recovery plans awaiting approval (debate)
The Rule of law crisis in Poland and the primacy of EU law (debate)
The Rule of law crisis in Poland and the primacy of EU law (continuation of debate)
The escalating humanitarian crisis on the EU-Belarusian border, in particular in Poland (debate)
Situation in Belarus and at its border with the EU and the security and humanitarian consequences (debate)
Digital Markets Act (debate)
Situation at the Ukrainian border and in Russian-occupied territories of Ukraine (debate)
State of play of the RRF (Recovery and Resilience Facility) (debate)
EU-Russia relations, European security and Russia’s military threat against Ukraine (debate)
Russian aggression against Ukraine (continuation of debate)
Shrinking space for civil society in Europe (debate)
Debate with the Prime Minister of Estonia, Kaja Kallas - The EU's role in a changing world and the security situation of Europe following the Russian aggression and invasion of Ukraine (debate)
Macro-financial assistance to the Republic of Moldova (debate)
Conclusions of the European Council meeting of 24-25 March 2022: including the latest developments of the war against Ukraine and the EU sanctions against Russia and their implementation (debate)
Ongoing hearings under Article 7(1) TEU regarding Poland and Hungary (debate)
Use of the Pegasus Software by EU Member States against individuals including MEPs and the violation of fundamental rights (topical debate)
State of play of the EU-Moldova cooperation (debate)
EU Association Agreement with the Republic of Moldova (debate)
Prosecution of the opposition and the detention of trade union leaders in Belarus (debate)
The rule of law and the potential approval of the Polish national Recovery Plan (RRF) (debate)
State of the Union (debate)
The Rule of Law in Malta, five years after the assassination of Daphne Caruana Galizia (debate)
Recognising the Russian Federation as a state sponsor of terrorism (debate)
Lukashenka regime's active role in the war against Ukraine (debate)
The continuing repression of the democratic opposition and civil society in Belarus
The establishment of a tribunal on the crime of aggression against Ukraine (debate)
Protecting the Rule of Law against impunity in Spain (topical debate)
Preparation of the EU-Ukraine Summit (debate)
One year of Russia’s invasion and war of aggression against Ukraine (debate)
Situation in Georgia (debate)
The challenges facing the Republic of Moldova (debate)
Conclusions of the Special European Council meeting of 9 February and preparation of the European Council meeting of 23-24 March 2023 (debate)
This is Europe - Debate with the Chancellor of Germany, Olaf Scholz (debate)
Threat to democracy and the rule of law in Poland, in particular through the creation of an investigative committee (debate)
Investigation of the use of Pegasus and equivalent surveillance spyware - Investigation of the use of Pegasus and equivalent surveillance spyware (draft recommendation) (debate)
Extension of the mandate of the EPPO with regard to the criminal offence of violation of Union restrictive measures (debate)
Conclusions of the European Council meeting of 29-30 June 2023, in particular the recent developments in the war against Ukraine and in Russia (debate)
Public access to documents – annual report for the years 2019-2021 (debate)
Ukrainian grain exports after Russia’s exit from the Black Sea Grain Initiative (debate)
State of the Union (debate)
European Media Freedom Act (debate)
Corrupt large-scale sale of Schengen visas (debate)
Taking stock of Moldova's path to the EU (debate)
Urgent need for a coordinated European response and legislative framework on intrusive spyware, based on the PEGA inquiry committee recommendations (debate)
Proposals of the European Parliament for the amendment of the Treaties (debate)
Humanitarian situation in Gaza, the need for the release of hostages and for an immediate humanitarian truce leading to a ceasefire and the prospects for peace and security in the Middle East (debate)
Threat to rule of law as a consequence of the governmental agreement in Spain (debate)
Review of the Spanish Presidency of the Council (debate)
Transparency and accountability of non-governmental organisations funded from the EU budget (debate)
Conclusions of the European Council meeting of 14-15 December 2023 and preparation of the Special European Council meeting of 1 February 2024 - Situation in Hungary and frozen EU funds (joint debate - European Council meetings)
Conclusions of the European Council meetings, in particular the special European Council meeting of 1 February 2024 (debate)
Report on the Commission’s 2023 Rule of Law report (debate)
Order of business
Order of business
European Media Freedom Act (debate)
Need to impose sanctions on the import of Russian and Belarusian food and agricultural products to the EU and to ensure stability of EU agricultural production (debate)
Guidelines for the 2025 Budget - Section III (debate)
Reports (8)
REPORT on the request for waiver of the immunity of Gunnar Beck
REPORT on the request for waiver of the immunity of Valter Flego
REPORT on the request for waiver of the immunity of Nils Ušakovs
REPORT on the request for waiver of the immunity of Harald Vilimsky
REPORT on the request for waiver of the immunity of Nicolas Bay
REPORT on the request for waiver of the immunity of Ioannis Lagos
REPORT on the request for waiver of the immunity of Alexis Georgoulis
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the Union and its Member States, of the Accession Protocol to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, to take account of the accession of the Republic of Croatia to the European Union
Shadow reports (8)
REPORT on the implementation of the EU Association Agreement with the Republic of Moldova
REPORT on intellectual property rights for the development of artificial intelligence technologies
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing the Citizens, Equality, Rights and Values Programme and repealing Regulation (EU) No 1381/2013 of the European Parliament and of the Council and Council Regulation (EU) No 390/2014
REPORT on racial justice, non-discrimination and anti-racism in the EU
REPORT on public access to documents – annual report for the years 2019-2021
REPORT on the proposal for a Council decision on an authorisation addressed to France to negotiate a bilateral agreement with Algeria on matters related to judicial cooperation concerning family law matters
REPORT on the proposal for a decision of the European Parliament and of the Council on an authorisation addressed to France to negotiate a bilateral agreement with Algeria on matters related to judicial cooperation in civil and commercial matters
REPORT on general guidelines for the preparation of the 2025 budget, Section III – Commission
Shadow opinions (6)
OPINION on shaping the digital future of Europe: removing barriers to the functioning of the digital single market and improving the use of AI for European consumers
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work
OPINION on the proposal for a regulation of the European Parliament and of the Council Proposal for a regulation of the European Parliament and of the Council on European data governance (Data Governance Act)
OPINION on the proposal for a regulation of the European Parliament and of the Council on Contestable and fair markets in the digital sector (Digital Markets Act)
OPINION on the shrinking space of civil society in Europe
OPINION on the proposal for a regulation of the European Parliament and of the Council on foreign subsidies distorting the internal market
Institutional motions (93)
MOTION FOR A RESOLUTION on the situation at the USA-Mexican border
MOTION FOR A RESOLUTION on Russia, notably the situation of environmental activists and Ukrainian political prisoners
MOTION FOR A RESOLUTION on Situation in Hong Kong
JOINT MOTION FOR A RESOLUTION on the situation in Hong Kong
JOINT MOTION FOR A RESOLUTION on Russia, notably the situation of environmental activists and Ukrainian political prisoners
MOTION FOR A RESOLUTION on the 80th anniversary of the start of the Second World War and the importance of European remembrance for the future of Europe
JOINT MOTION FOR A RESOLUTION on the importance of European remembrance for the future of Europe
MOTION FOR A RESOLUTION on the Turkish military operation in northeast Syria and its consequences
JOINT MOTION FOR A RESOLUTION on the Turkish military operation in northeast Syria and its consequences
MOTION FOR A RESOLUTION on the situation in Russia: the poisoning of Alexei Navalny
MOTION FOR A RESOLUTION on the situation in Belarus
JOINT MOTION FOR A RESOLUTION on the situation in Russia: the poisoning of Alexei Navalny
JOINT MOTION FOR A RESOLUTION on the situation in Belarus
MOTION FOR A RESOLUTION on the de facto ban on the right to abortion in Poland
MOTION FOR A RESOLUTION on the rule of law in Poland in the context of the recent abortion ruling
MOTION FOR A RESOLUTION The continuous violations of human rights in Belarus, in particular the murder of Raman Bandarenka
JOINT MOTION FOR A RESOLUTION on the continuous violations of human rights in Belarus, in particular the murder of Raman Bandarenka
MOTION FOR A RESOLUTION on Iran, in particular the case of 2012 Sakharov Prize laureate Nasrin Sotoudeh
MOTION FOR A RESOLUTION on forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region
JOINT MOTION FOR A RESOLUTION on Iran, in particular the case of 2012 Sakharov Prize Laureate Nasrin Sotoudeh
JOINT MOTION FOR A RESOLUTION on forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region
MOTION FOR A RESOLUTION on the arrest of Alexei Navalny
JOINT MOTION FOR A RESOLUTION on the arrest of Aleksei Navalny
MOTION FOR A RESOLUTION on the declaration of the EU as an LGBTIQ Freedom Zone
MOTION FOR A RESOLUTION on Russia, the case of Alexei Navalny, the military build-up on Ukraine’s border and the Russian attack in the Czech Republic
JOINT MOTION FOR A RESOLUTION on Russia, the case of Alexei Navalny, the military build-up on Ukraine’s border and Russian attacks in the Czech Republic
MOTION FOR A RESOLUTION on the systematic repression in Belarus and its consequences for European security following abductions from an EU civilian plane intercepted by the Belarusian authorities
JOINT MOTION FOR A RESOLUTION on the systematic repression in Belarus and its consequences for European security following the abductions from an EU civilian plane intercepted by Belarusian authorities
MOTION FOR A RESOLUTION on the situation in Belarus after one year of protests and their violent repression
JOINT MOTION FOR A RESOLUTION on the situation in Belarus after one year of protests and their violent repression
MOTION FOR A RESOLUTION on human rights violations by private military and security companies, particularly the Wagner Group
JOINT MOTION FOR A RESOLUTION on the human rights violations by private military and security companies, particularly the Wagner Group
MOTION FOR A RESOLUTION on continuous crackdown on civil society and human rights defenders in Russia: the case of human rights organisation Memorial
MOTION FOR A RESOLUTION on the situation at the Ukrainian border and in Russian-occupied territories of Ukraine
JOINT MOTION FOR A RESOLUTION on the continuous crackdown on civil society and human rights defenders in Russia: the case of human rights organisation Memorial
JOINT MOTION FOR A RESOLUTION on the situation at the Ukrainian border and in Russian-occupied territories of Ukraine
on the Russian aggression against Ukraine
MOTION FOR A RESOLUTION on increasing repression in Russia, including the case of Alexey Navalny
MOTION FOR A RESOLUTION on the conclusions of the European Council meeting of 24-25 March 2022, including the latest developments of the war against Ukraine and the EU sanctions against Russia and their implementation
JOINT MOTION FOR A RESOLUTION on the conclusions of the European Council meeting of 24-25 March 2022, including the latest developments of the war against Ukraine and the EU sanctions against Russia and their implementation
on the Increasing repression in Russia, including the case of Alexey Navalny
MOTION FOR A RESOLUTION on the State of play on the EU-Moldova cooperation
the State of play on the EU-Moldova cooperation
MOTION FOR A RESOLUTION on the fight against impunity for war crimes in Ukraine
MOTION FOR A RESOLUTION on the prosecution of opposition and detention of trade union leaders in Belarus
JOINT MOTION FOR A RESOLUTION on the fight against impunity for war crimes in Ukraine
JOINT MOTION FOR A RESOLUTION on the prosecution of the opposition and the detention of trade union leaders in Belarus
MOTION FOR A RESOLUTION on violations of media freedom and safety of journalists in Georgia
JOINT MOTION FOR A RESOLUTION on violations of media freedom and the safety of journalists in Georgia
MOTION FOR A RESOLUTION on the candidate status of Ukraine, the Republic of Moldova and Georgia
JOINT MOTION FOR A RESOLUTION on the candidate status of Ukraine, the Republic of Moldova and Georgia
MOTION FOR A RESOLUTION on human rights violations in the context of forced deportation of Ukrainian civilians to and forced adoption of Ukrainian children in Russia
JOINT MOTION FOR A RESOLUTION on human rights violations in the context of the forced deportation of Ukrainian civilians to and the forced adoption of Ukrainian children in Russia
MOTION FOR A RESOLUTION on Russia’s escalation of its war of aggression against Ukraine
JOINT MOTION FOR A RESOLUTION on Russia’s escalation of its war of aggression against Ukraine
MOTION FOR A RESOLUTION on recognising the Russian Federation as a state sponsor of terrorism
JOINT MOTION FOR A RESOLUTION on recognising the Russian Federation as a state sponsor of terrorism
MOTION FOR A RESOLUTION on the continuing repression of the democratic opposition and civil society in Belarus
JOINT MOTION FOR A RESOLUTION on the continuing repression of the democratic opposition and civil society in Belarus
DRAFT MOTION FOR A RESOLUTION on the establishment of a tribunal on the crime of aggression against Ukraine
JOINT MOTION FOR A RESOLUTION on the establishment of a tribunal on the crime of aggression against Ukraine
MOTION FOR A RESOLUTION on the preparation of the EU-Ukraine Summit
JOINT MOTION FOR A RESOLUTION on the preparation of the EU-Ukraine Summit
MOTION FOR A RESOLUTION on the situation of the former President of Georgia Mikheil Saakashvili
JOINT MOTION FOR A RESOLUTION on the situation of the former President of Georgia Mikheil Saakashvili
MOTION FOR A RESOLUTION on one year of Russia’s invasion and war of aggression against Ukraine
on one year of Russia’s invasion and war of aggression against Ukraine
JOINT MOTION FOR A RESOLUTION on one year of Russia’s invasion and war of aggression against Ukraine
MOTION FOR A RESOLUTION on further repression against the people of Belarus, in particular the cases of Andrzej Poczobut and Ales Bialiatski
JOINT MOTION FOR A RESOLUTION on further repression against the people of Belarus, in particular the cases of Andrzej Poczobut and Ales Bialiatski
MOTION FOR A RESOLUTION on the challenges facing the Republic of Moldova
JOINT MOTION FOR A RESOLUTION on the challenges facing the Republic of Moldova
MOTION FOR A RESOLUTION on Belarus: the inhumane treatment and hospitalisation of prominent opposition leader Viktar Babaryka
JOINT MOTION FOR A RESOLUTION on Belarus: the inhumane treatment and hospitalisation of prominent opposition leader Viktar Babaryka
MOTION FOR A RESOLUTION on the sustainable reconstruction and integration of Ukraine into the Euro-Atlantic community
JOINT MOTION FOR A RESOLUTION on the sustainable reconstruction and integration of Ukraine into the Euro-Atlantic community
MOTION FOR A RESOLUTION on taking stock of Moldova’s path to the EU
MOTION FOR A RESOLUTION on the situation in Nagorno-Karabakh after Azerbaijan’s attack and the continuing threats against Armenia
JOINT MOTION FOR A RESOLUTION on taking stock of Moldova’s path to the EU
JOINT MOTION FOR A RESOLUTION on the situation in Nagorno-Karabakh after Azerbaijan’s attack and the continuing threats against Armenia
MOTION FOR A RESOLUTION on the effectiveness of the EU sanctions on Russia
JOINT MOTION FOR A RESOLUTION on the effectiveness of the EU sanctions on Russia
MOTION FOR A RESOLUTION on the unknown status of Mikalai Statkevich and the recent attacks on Belarusian politicians’ and activists’ family members
JOINT MOTION FOR A RESOLUTION on the unknown status of Mikola Statkevich and the recent attacks on Belarusian politicians’ and activists’ family members
MOTION FOR A RESOLUTION on the planned dissolution of key anti-corruption structures in Slovakia and its implications for the rule of law
MOTION FOR A RESOLUTION the new wave of mass arrests in Belarus of opposition activists and their family members
MOTION FOR A RESOLUTION the recent attacks on Christmas Eve in Plateau State in Nigeria
MOTION FOR A RESOLUTION the increased number of executions in Iran, in particular the case of Mohammad Ghobadlou
JOINT MOTION FOR A RESOLUTION on the new wave of mass arrests in Belarus of opposition activists and their family members
JOINT MOTION FOR A RESOLUTION on the recent attacks on Christmas Eve in Plateau State in Nigeria
JOINT MOTION FOR A RESOLUTION on the increased number of executions in Iran, in particular the case of Mohammad Ghobadlou
MOTION FOR A RESOLUTION on the need for unwavering support for Ukraine, after two years of Russia’s war of aggression against Ukraine
JOINT MOTION FOR A RESOLUTION on the need for unwavering EU support for Ukraine, after two years of Russia’s war of aggression against Ukraine
Oral questions (5)
Functioning of the internal market
An EU Commissioner for Animal Welfare
Rebuilding European production capacity for active pharmaceutical ingredients
Prohibiting chick and duckling killing in EU law
Medicine shortages and strategic healthcare autonomy in the EU
Written questions (31)
Construction of the Warsaw eastern bypass in the context of EU regulations
Transfer of personal data by Poland’s Ministry of Digital Affairs in connection with carrying out tasks related to the holding of presidential elections
Method for drawing up EU sanctions against representatives of the repressive regime in Belarus
Method of distributing EU financial assistance for Belarus to combat the effects of the COVID-19 pandemic
Construction of the Warsaw eastern bypass in connection with the environmental impact assessment
Implementation of the EU regulations concerning the environmental impact assessment procedure
Purchase of COVID-19 vaccines by Member States without a joint purchasing agreement
Enquiry into the misuse of European funds – OLAF investigation
Support for self-employed people
Pfizer vaccine – sixth dose
Support for students from Belarus to study at universities in the EU
Access for businesses to documents on the Commission's Smart Kids Belt
Resumption of logging activities on the Puszcza Białowiska site
Conclusion of the EU’s accession to the Istanbul Convention
Legal consequences of a denouncement by a Member State of an international agreement signed by the European Union
The fourth package of sanctions against Lukashenka’s regime
Ensuring the availability of EU funding for final recipients – Regulation No 2020/2092 on a general regime of conditionality for the protection of the Union budget
Evaluation of Poland's draft National Recovery Plan
Construction of walls around Greek refugee camps
Details of the Commission’s compliance verification testing of the Smart Kids Belt (SKB) product
Illegal crossing of the Polish-Belarusian border – people smuggling
Anti-dumping proceeding concerning certain iron or steel fasteners
Services provided by pharmacies
Erasmus4Ukraine
The Scheval file and the Commission’s ability to carry out unannounced inspections
Support for Ukrainian refugees seeking shelter in Poland
Unequal treatment of products manufactured by EU producers
The case of Iranian athlete Elnaz Rekabi and human rights violations in Iran
Deeply concerning joint Algeria-Russia military exercises
EU type-approval of the Smart Kid Belt
EEAS action in support of Mikalai Statkevich and other political prisoners in Belarus
Amendments (961)
Amendment 2 #
2024/0028(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The temporary trade-liberalisation measures established by this Regulation should take the following form: (i) the suspension of the application of the entry price system to fruit and vegetables; (ii) the suspension of tariff-rate quotas and import duties; and (iii) the suspension of the application of Chapter V and Article 24 of Regulation (EU) 2015/478 of the European Parliament and of the Council 11. Through those measures, the Union will, in effect, temporarily provide appropriate economic and financial support to the benefit of Ukraine and the economic operators that are affected.
Amendment 10 #
2024/0028(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Subject to an assessment by the Commission carried out in the context of the regular monitoring of the impact of this Regulation and launched either following a duly substantiated request from a Member State or on the Commission’s own initiative, it is necessary to provide for the possibility to take any necessary measures for imports of any products falling under the scope of this Regulation which are adversely affecting the Union market or the market of one or several Member States for like or directly competing products. There is a particularly precarious situation in the markets for poultry, eggs, and sugar that may harm Union agricultural producers if imports from Ukraine were to increase. It is appropriate to introduce an automatic safeguard for eggs, poultry, and sugar products that is activated if quantities imported pursuant to this Regulation exceed the arithmetic mean of quantities in 2022 and the period 2021-2023.
Amendment 14 #
2024/0028(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The application of Chapter V and Article 24 of Regulation (EU) 2015/478 shall be temporarily suspended with regard to imports originating in Ukraine.
Amendment 17 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
1. If a product covered by Article 1(1) originating in Ukraine is imported under conditions which adversely affect the Union market or the market of one or several Member States for like or directly competing products, the Commission may impose any measure which is necessary by means of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 5(3).
Amendment 21 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. In critical circumstances where delay would cause damage that would be difficult to repair, the Commission may provisionally impose any measure which is necessary by means of an implementing act. Such measures may only be imposed upon a duly substantiated request from a Member State pursuant to paragraph 3(a) of this Article and shall be adopted within 214 days after the request has been received. The implementing act shall be adopted in accordance with the advisory procedure referred to in Article 5(4). The duration of a provisional safeguard measure shall not exceed 1250 days.
Amendment 28 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 1 – introductory part
Article 4 – paragraph 7 – subparagraph 1 – introductory part
7. If, during the period 6 June to 31 December 2024, cumulative import volumes of either eggs, poultry or sugar since 1 January 2024 reach the respective arithmetic mean of import volumes recorded in 2022 and the period 2021-2023, the Commission shall, within 214 days and after informing the Committee on Safeguards established by Article 3(1) of Regulation (EU) 2015/478:
Amendment 41 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 2
Article 4 – paragraph 7 – subparagraph 2
If, during the period 1 January to 5 June 2025, cumulative import volumes of either eggs, poultry or sugar for the period since 1 January 2025 reach five twelfths of the respective arithmetic mean of import volumes recorded 2022 andin the period 2021- 2023,the Commission shall, within 214 days and after informing the Committee on Safeguards, reintroduce for that product the corresponding tariff-rate quota suspended by Article 1(1), point b.
Amendment 47 #
2024/0028(COD)
Proposal for a regulation
Article 4 – paragraph 7 – subparagraph 3
Article 4 – paragraph 7 – subparagraph 3
For the purposes of this paragraph, the terms eggs, poultry and sugar refer to all products covered by the tariff-rate quotas in the Appendix to Annex I-A of the Association Agreement for, respectively, eggs and albumins, poultry meat and poultry meat preparations, and sugars, and the arithmetic mean shall be calculated by dividing the sum of import volumes in 2022 and the period 2021-2023 by twohree.
Amendment 51 #
2024/0028(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Amendment 25 #
2023/2122(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the crucial role played by civil society, grassroots and community organisations, trade unions, activist groups, human rights defenders and non- governmental organisations (NGOs) in promoting and upholding democracytic values, equality, the rule of law and fundamental rights and in ensuring accountability forcivic participation and accountability of governments, as well as state and private actionors;
Amendment 41 #
2023/2122(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that civil society is a broader category than that of NGOs; notes that while NGOs are, on the one hand, a favoucivil society organisations ared institutional form of the neoliberal state and therefore rarely truly oppositional, on the other hand many resist instrumentalisation and expose the excesses of state and private interests; stresses, therefore, that they must be protected, including through the provision of adequate funding, including foreignmportant component of democratic life in the EU and as such, they should be supported with necessary funding from the EU budget; notes that organisations often need to rely also on foreign funding and they should not be stigmatised for using such fundings; notes that it is short-sighted to treat NGOs as a singular bloc with a singular policy outlookNGOs work in diverse policy areas and they activities vary from one another, thus they should not be perceived as a singular sector;
Amendment 58 #
2023/2122(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Remains deeply concerned by threats to and attacks on NGOs in some Member States;
Amendment 61 #
2023/2122(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the establishment of Citizens, Equality, Rights and Values (CERV) Programme for the period 2021- 2027, which provides a direct funding to civil society organisations from the EU budget; recalls European Parliament’s role in securing an increased budget for the programme in the MFF 2021-2027 negotiations with the Council of the EU and the European Commission; calls on the Commission and the Council to ensure that the budget for the programme is increased in the next Multiannual Financial Framework to account for inflation and the need to support civil society organisations in building a resilient and participatory democracy;
Amendment 64 #
2023/2122(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 81 #
2023/2122(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that transparency and accountability measures must only serve the purpose ofare important in ensuring legitimate public scrutiny; stresses that to this end reporting requirements for NGOs must remain strictly necessary and proportionate to the specific aims pursuedshould be strictly necessary and proportionate; calls for any new EU measures in this area to be led by those principles; reminds that imposing obligations of registration, declaration and publication on certain categories of civil society organisations directly or indirectly receiving support from abroad must be in line with principles of non- discrimination, the free movement of capital the right to respect for private and family life, the right to the protection of personal data and the right to freedom of association, as stated by the Court of Justice of the European Union in the in Case C-78/18 (Commission v Hungary);
Amendment 95 #
2023/2122(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 119 #
2023/2122(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Warns emphatically against the weaponisation of the concept of ‘foreign interference’ and emphasises that this can be and is being used by governments to repress civil society and NGOs.Reiterates its call for a coordinated EU strategy to tackle foreign interference, including via funding of civil society organisations operating in the EU by hostile actors with an intention to undermine democratic processes in member states and at Union level, in line with the recommendations set out in the Parliament’s ‘Report on foreign interference in all democratic processes in the European Union, including disinformation’;
Amendment 15 #
2023/2041(INI)
Motion for a resolution
Citation 8
Citation 8
– having regard to the report of the United Nations High Commissioner for Human Rights of 4 March3 February 20223 on the situation of human rights in Belarus in the run-up to the 2020 presidential election and in its aftermath,
Amendment 17 #
2023/2041(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
– having regard to the Resolution of the Parliamentary Assembly of the Council of Europe of 27 April 2023 on the deportations and forcible transfers of Ukrainian children,
Amendment 23 #
2023/2041(INI)
Motion for a resolution
Recital A
Recital A
A. whereas almost three years after the so-calledfraudulent elections onf 9 August 2020, the Belarusian authorities are continuing their repression against the Belarusian people; whereas more than 50 000 Belarusians have been illegally arrested and tortured, more than 3000 persons have been sentenced for various punishments by the courts on politically-motivated charges, more than 1 500 persons remain imprisoned on political grounds, and around 300 000 have left the country for fear of a similar fate;
Amendment 35 #
2023/2041(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU and its Member States did not recognise the results of the fraudulent presidential election and do not recognise Aliaksandr Lukashenka as president of Belarus;
Amendment 106 #
2023/2041(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Condemns in the strongest terms the unabated repression and the systematic and widespread human rights violations committed by the Lukashenka regime, including manifold cases of mistreatment and torture of political prisoners and other persons prosecuted on politically- motivated grounds; continues to stand in solidarity with the brave people of Belarus who stand up for a sovereign, free and democratic Belarus, risking their freedom and lives;
Amendment 115 #
2023/2041(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges the Belarusian regime to end this spiral of violence, torture and repression against dissenting voices and perceived critics, to release immediately and unconditionally all political prisoners and all persons arbitrarily detained, and to engage in a genuine dialogue with representatives of the democratic forces and civil society in order to find a way out of the current political and human rights crisis through the organisation of free and fair elections to be organised under international observation led by the Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe;
Amendment 118 #
2023/2041(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Condemns the Belarusian authorities for targeting the country’s ethnic Polish and Lithuanian communities and other minority and culture groups for political reasons; condemns the arrest of Andżelika Borys, Andrzej Poczobut and other members of the Polish community after the fraudulent presidential elections of 2020; considers the charges of ‘inciting hatred’ and the ‘rehabilitation of Nazism’ as political, devoid of any merit and legal value; takes note that Andżelika Borys has since been cleared of the politically motivated charges; Further condemns the sentencing of Andrzej Poczobut to eight years in prison; denounces the rejection of his appeal against his sentence; calls for the immediate release of all political prisoners of the Polish and Lithuanian communities in Belarus;
Amendment 166 #
2023/2041(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Reiterates its call for the EU Member States to prepare the ground for the criminal prosecution of Belarusian officials who areunder the principle of universal jurisdiction for their responsibleility for or complicity in electoral fraud and investigate grave human rights violations, under the principle of universal justice and crimes against humanity, which are taking place in Belarus;
Amendment 186 #
2023/2041(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines the direct participation of Alexandr Lukashenka, his regime and state owned companies in the procedure of forcible transfers of Ukrainian children from the occupied territories of Ukraine to the Russian Federation and to Belarus; notes that the Belarusian officials’ participation in this criminal and inhumane procedure has been documented; calls in this regard to submit a new referral or to extend the ongoing case against Vladimir Vladimirovich Putin on the same issue at the International Criminal Court to Belarusian officials including Alexandr Lukashenka;
Amendment 195 #
2023/2041(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Call for the EU and its Member States to broaden and strengthen the scope of sanctions (‘restrictive measures’) against individuals and legal entities responsible for or complicit in grave human rights violations in Belarus under the EU Global Human Rights Sanctions Mechanisms (EU Magnitsky Act), including judges, prosecutors, law enforcement, prison and penal colony officials, and agents of the infamous KGB and GUBOPiK; insists that Belarusian potash, which is the main source of the regime’s income, should remain on the list of sanctions; urges the EU and its Member States to increase their capacity to assess thensure the full implementation of all restrictive rmeal effect of sanctions in order to ensure their full implementation and to thwart anysures concerning Belarus and Belarusian individuals and to counter any efforts to circumvention sc themes;
Amendment 196 #
2023/2041(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes that the Belarusian regime’s efforts to assist the Russian aggression against Ukraine implies responsibility for the destruction and damage caused to Ukraine; calls therefore on the EU and its Member States to find legal pathways of seizing assets of the Belarusian leadership and related Belarusian entities involved in the Russian war effort to support the reconstruction of Ukraine;
Amendment 211 #
2023/2041(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with great concern the rampant economic, political and military integration of Belarus into the Union State with Russia; condemns the announced deployment of Russian tactical nuclear weapons under Russian command on Belarusian territory; calls for the EU and the Member States to maintain unity in addressing the multifaceted threats posed by the regime of Aliaksandr Lukashenka regime to the EU, in particular the continued state- engineered illegal migration crisis at the borders of Belarus with Poland, Lithuania and Latvia, and to work in cooperation with the International Atomic Energy Agency to ensure nuclear safety at the Belarusian NPP;
Amendment 243 #
2023/2041(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for the EU, its institutions and its Member States to develop a more ambitious and comprehensive strategy in order to support democratic forces, civil society activists, human rights defenders, independent artists, independent trade unions and free media both in and outside Belarus; calls for improved EU communication with the people in Belarus in order to provide them with information and counter disinformation and propaganda by the state-controlled media; urges the EU Member States to coordinate their actions in order to alleviate the difficulties faced by democratic forces and civil society activists in exile, for example in the process of obtaining residence permits or opening bank accounts;
Amendment 25 #
2023/2028(INI)
Motion for a resolution
Citation 26 a (new)
Citation 26 a (new)
– having regard to the Council of Europe’s Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages,
Amendment 28 #
2023/2028(INI)
Motion for a resolution
Citation 28 a (new)
Citation 28 a (new)
– having regard to its resolution of 13 November 2018 on minimum standards for minorities in the EU,
Amendment 94 #
2023/2028(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas Article 21 of the Charter of Fundamental Rights of the EU prohibits any discrimination based on language or membership of a national minority; whereas Article 22 thereof guarantees the respect of linguistic diversity;
Amendment 201 #
2023/2028(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Is deeply concerned by the Polish government’s attempts to revoke the possibility for children belonging to national minorities, particularly the Belarusian minority, to be educated in dedicated schools offering education in the minority language; notes that education is the main tool in maintaining minority languages; stresses that every person belonging to a national minority has the right to education in a minority language and should have the opportunities to receive education in that language; stresses that the continuity of mother-tongue education is vital to the preservation of cultural and linguistic identity; encourages Member State governments to include national minority representatives in deliberations on the organisation of their education systems;
Amendment 77 #
2023/0200(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The European Council of 23 June 2022 decided10 to grant the status of candidate country to Ukraine, which expressed a strong will to launch the EU accession process for Ukraine and to link reconstruction with reforms on its European path. Ongoing strong support to Ukraine is a key priority for the Union and an appropriate response to the Union’s strong political commitment to support Ukraine for as long as necessary. _________________ 10 European Council Conclusions, 23-24 June 2022; EUCO 24/22.
Amendment 78 #
2023/0200(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The Union is also providing significant financial support through an additional package combining funds under the Neighbourhood, Development and International Cooperation Instrument – Global Europe (NDICI) established under Regulation (EU) 2021/947 of the European Parliament and of the Council12 and, as well as assistance under the Instrument for Pre- Accession (IPA), which among many things includes the thematic and cross- border cooperation priorities and key performance indicators to assess the readiness of the acceding countries and effectiveness of the assistance, as well as loans by the European Investment Bank. _________________ 12 Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU and repealing Regulation (EU) 2017/1601 and Council Regulation (EC, Euratom) No 480/2009 (OJ L 209, 14.6.2021, p. 1).
Amendment 117 #
2023/0200(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The enlargement policy framework, including the assistance under the Instrument for Pre-accession Assistance (IPA) which constitutes the overall policy framework to prepare beneficiaries for future membership of the Union and to support their accession process, defined by the European Council and the Council, the association agreement, partnership and cooperation agreement, multilateral agreements to which the Union is a party and other agreements that establish a legally-binding relationship with Ukraine, as well as resolutions of the European Parliament, communications of the Commission and joint communications of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy should constitute the overall policy framework for the implementation of this Regulation. The Commission should ensure coherence between the assistance under the Facility and the enlargement policy framework.
Amendment 121 #
2023/0200(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) It is in the common interest of the Union and Ukraine to advance the efforts of Ukraine to reform its political, legal and economic systems with a view to Union membership. Considering Ukraine as a future member of the Union and a candidate to accession is a strategic investment of the Union in peace, security, stability and prosperity in Europe and allows the Union to be better positioned to address global challenges. It also provides increased economic and trade opportunities to the mutual benefit of the Union and Ukraine as an aspiring Member State, while supportensuring a gradual transformation of theUkraine as a beneficiary country. The prospect of Union membership has a powerful transformative effect, embedding positive democratic, political, economic and societal change.
Amendment 128 #
2023/0200(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Reconstruction from the damage caused by the war of Russian aggression cannot be limited to rebuilding what was destroyed as it was before the war. The reconstruction offers an opportunity to support Ukraine in its process of fostering economic integration with the Union and promoting socioeconomic development, assistance for cross-border cooperation, integration into the Single Market and in accelerating its sustainable green and digital transitions, in line with Union policies. The Facility should promote reconstruction in a way that modernises and improves Ukraine’s economy and society, building on Union rules and standards, by investing in the transition of Ukraine towards a green, digital and inclusive economy and in the recovery, reconstruction and modernisation of its critical infrastructure, productive capacity and human capital in a resilient way.
Amendment 134 #
2023/0200(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) In view of the high rate of children placed under institutional care in the country, as well as the inevitable increase of children without parental care and at risk of family separation as a result of Russia’s war of aggression, the Facility should support implementation of the care reform strategy in Ukraine.
Amendment 161 #
2023/0200(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) In line with the European Pillar of Social Rights, the Facility should support solidarity, integration, and social justice with the aim of creating and sustaining quality employment and sustainable growth, ensuring equality of, and access to, opportunities and social protection, protecting vulnerable groups and improving living standards. The Facility should support a comprehensive reform of the child protection and care system, including through the transition from institutional to family and community- based care for all children. The Facility should also contribute to fighting poverty and tackling unemployment and lead to quality job creation, the inclusion and integration of disadvantaged groups. The Facility should provide for investment opportunities in skills including through vocational education and training aiming to prepare the workforce to the digital and green transitions. It should also enable the strengthening of social dialogue, infrastructure and services.
Amendment 177 #
2023/0200(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The overall maximum amount for the Union support to the Facility should be EUR 50 billion in current prices for the period from 2024 to 2027, for all types of support. In light of the evolving circumstances and of the objectives of the Facility itself, the Union support needs to provide a balance between flexibility and programmability. This amount is only an indicative one and will be revised upwards in the course of events, as it reflects the needs assessments made before March 2023 by the intenational institutions for the reconstruction of Ukraine to overcome the damages of Russia's war of aggression, to address immediate humanitarian needs of Ukraine and to restore Ukraine's access to financial markets as well as a sustainable level of its public revenues.
Amendment 250 #
2023/0200(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) Pillar I: financial support to be provided to Ukraine for the recovery, reconstruction and modernisation of the country as a future member of the EU and for the delivery of reforms and investments to implement the Ukraine Plan as well as to support Ukraine's budget and maintain macro- financial stability of the country, as set out in Chapter III;
Amendment 275 #
2023/0200(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) rebuild and modernise infrastructure damaged by the war, such as energy infrastructure, water systems, internal and cross-border transport networks including rail, roads and bridges and border crossing points, and foster modern, improved and resilient infrastructures; restore food production capacities; help address social challenges stemming from the war, including for specific groups such as war veterans, Internally Displaced Persons, single parents, children without parental care including children in or from institutions, disabled people, minorities and other vulnerable persons; contribute to the demining effort;
Amendment 278 #
2023/0200(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)
Article 3 – paragraph 2 – point b a (new)
(ba) Strengthen the child care and protection systems, including the transition from institutional to family and community-based care, through the development of a wide range of family and community-based services to help support children without parental care and prevent family separation, including the recruitment, strengthening and professionalisation of the social service workforce required to deliver these services. The Facility shall not be used to finance the reconstruction of existing or establishment of new residential institutions.
Amendment 286 #
2023/0200(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) further strengthen the rule of law, democracy, the respect of human rights and fundamental freedoms, including through promoting an independent judiciary, reinforced security, the fight against fraud, corruption, organised crime and money laundering, tax evasion and tax fraud; compliance with international law; strengthen freedom of media and academic freedom and an enabling environment for civil society; foster social dialogue; promote non-discrimination and tolerance, to ensure and strengthen respect for the rights of persons belonging to minorities and the promotion of gender equality; protect and promote the rights of children and the rights of persons with disabilities; reinforce the effectiveness of public administration and support transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement and State aid; support initiatives and bodies involved in supporting and enforcing international justice in Ukraine;
Amendment 304 #
2023/0200(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Support from the Facility shall be additional to the support provided under other Union programmes and instruments, including under the Instrument for Pre- accession (IPA). Activities eligible for funding under this Regulation may receive support from other Union programmes and instruments provided that such support does not cover the same cost.
Amendment 11 #
2022/2015(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas Regulation (EC) No 1049/2001 recognises the particular importance of even wider access to documents when EU institutions act in their legislative capacity and underlines especially the need for direct access to legislative documents;
Amendment 12 #
2022/2015(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas the Court of Justice of the European Union underlines that public scrutiny of information, on which legislative action is taken, is a precondition for the exercise of democratic rights (Sweden and Turco v Council, C39/05 P and C-52/05; Council v Access Info Europe, C-280/11P); whereas CJEU concluded that openness in that respect contributes to strengthening democracy by allowing citizens to scrutinize all the information which has formed the basis of a legislative act and stated that the possibility for citizens to find out the considerations underpinning legislative action is a precondition for the effective exercise of their democratic rights;
Amendment 15 #
2022/2015(INI)
Motion for a resolution
Recital B
Recital B
B. whereas openness builds trust; whereas the EU institutioncan be one factor in building citizen's trust in the Union; whereas the functioning of the EU is founded on representative democracy; whereas EU institutions, bodies, offices and agencies must strive for the highest possible standards of transparency, accountability and integrity; whereas openness and the participation of civil societytizens and civil society in the democratic life of the Union are indispensable for promoting good governance in the EU institutions;
Amendment 16 #
2022/2015(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas access to accurate information is vital in preventing misinformation and combating fake news;
Amendment 18 #
2022/2015(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in the final report of the Conference on the Future of Europe, citizens expressed their dissatisfaction with the lack ofcalled for more transparency in the EU’s decision-making process and voiced a desire for more citizen involvement and accountability;
Amendment 23 #
2022/2015(INI)
Motion for a resolution
Recital D
Recital D
D. whereas citizens’ expectations as regards transparency, and accountability andof public institutions, and possible technical solutions have evolved in recent years; whereas this may require the adoption of new technical solutions and guidelineguidelines to reflect these developments;
Amendment 28 #
2022/2015(INI)
Motion for a resolution
Recital G
Recital G
Amendment 38 #
2022/2015(INI)
Motion for a resolution
Recital H
Recital H
H. whereas Parliament adopted its first-reading position on the Commission proposal for reform of Regulation (EC) No 1049/2001 in December 2011; whereas negotiations on that regulation have been at a standstill since 2012; whereas the EU has taken on many new responsibilities since the regulation came into force; whereas increased responsibility requires increased transparencdemocratic scrutiny in order to uphold the EU’s credibility and legitimacy in citizens’ eyes;
Amendment 47 #
2022/2015(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes with concern that in 2021, following a request for public access to text messages between the Commission 's President and the CEO of a pharmaceutical company regarding the purchase of COVID-19 vaccines, the Commission refused to even search properly for such text messages, let alone grant public access to them; recalls that registering a document is a consequence of the existence of a document and not a prerequdid not disclose the messages and did not inform whether the text messages in question existed; regrets that currently the Commission’s internal policy is, in effect, not to regisite for its existence; supportsr text messages; takes note of the Ombudsman’s finding of maladministration by the Commission in this case17 ; _________________ 17 https://www.ombudsman.europa.eu/en/deci sion/en/158295.
Amendment 56 #
2022/2015(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes with concern that a common problem faced in requests for access to documents is the refusal of access by institutions on the basis of insubstantial arguments; reiterates that an institution invoking one of the exceptions to accessReiterates that an institution invoking one of the exceptions to access to documents under Article 4 of Regulation (EC) No 1049/2001 has to make an objective and individual assessment and show that the risk to the interest protected is foreseeable and not purely hypothetical, ands well as define how access to the document would specifically and effectively undermine the interest protected18 ; highlights that it might be possible to disclose some parts of a document when other parts need to be protected; notes with interest the case lodged against the Council for its frequent recourse to the informal ‘working document’ predicate19 ; notes with concern that a common problem faced in requests for access to documents is the refusal of access by institutions on the basis of insubstantial arguments; _________________ 18 Judgment of the CJEU of 22 March 2018, Emilio De Capitani v European Parliament, T-540/15, EU:T:2018:167; judgment of the CJEU of 1 July 2008, Sweden and Turco v Council of the European Union, Joined Cases C-39/05 P and C-52/05, EU:C:2008:374. 19 Case lodged on 7 May 2021, De Capitani v Council of the European Union, T- 163/21.
Amendment 60 #
2022/2015(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Is concerned that there are persistent inconsistencies in how similar requests for access to documents are handled by different institutions, bodies, offices and agencies and in some case even different Directorates-General within one organisation; calls for development of best practices to allow for uniform application and interpretation of provisions in Regulation 1049/2001 and the relevant case law of the CJEU;
Amendment 62 #
2022/2015(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the new transparency steps taken by the Council in 2020 to allow the public to better exercise the democratic right to scrutinise the EU legislative processes; notes that the adopted measures include proactive publication of progress reports on negotiations on draft laws as well as Council’s mandates for negotiations with the European Parliament, in line with proposals made by the Ombudsman in her inquiries into legislative transparency in the Council and the transparency of trilogues4a; regrets that there are still differences from presidency to presidency in the practice of proactive publishing of documents; calls for the establishment of permanent guidelines binding on all presidencies; _________________ 4a https://www.ombudsman.europa.eu/en/pre ss-release/en/130298
Amendment 63 #
2022/2015(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets the fact that access to the advice of the institutions’ respective Legal Services is too limited; notes with interest that the Court has highlightakes note of the CJEU judgement which stated that Regulation (EC) No 1049/2001 imposes, in principle, an obligation to disclose the opinions of the Council’s Legal Service relating to a legislative process; noteds that the question of whether a legal opinionaccording to the Court the only possible grounds for refusal on account of the protection of legal advice given in the context of the legislative process is a particularly sensitive depends on whethernature of the content of the opinion itself ior its particularly sensitive, not on whether the legislative process related to the opinion is sewide scope that goes beyond the context of the legislative process; echoes Court’s opinion that in such case institiveution concerned is obliged to give a detailed statement of the reasons for such a refusal20 ; _________________ 20 Judgment of 21 April 2021, Laurent Pech v Council of the European Union, T- 252/19, EU:T:2021:203.
Amendment 90 #
2022/2015(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the Commission’s intention to increase transparency within the EU based on ‘transparency by default’; calls on all EU institutions, bodies, offices and agencies to publish documents proactively on their websites and make the search of these documents easy for citizens in order to allow for public scrutiny; implores the Commission not to consider any proposal to revise Regulation (EC) No 1049/2001 that would lower the standards of transparency and access to documents; deplores the fact that negotiations have long been at a standstill and strongly urges the Council and the Commission to resume negotiations with the other institutionsParliament on the basis of the Commission’s proposals from 2008 and 2011; notes that any reform will need to address key issues such as the scope of the grounds for refusal, theo grant access to documents, a public-interest test, transparency in the legislative process, and opposition to block exemptions well as the issue of vexatious and repeated requests; calls for the Council, the Commission and the Parliament to work constructively with the ultimate aim of giving EU citizens wider and improved access to documents;
Amendment 94 #
2022/2015(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the importance of Parliament’s Transparency Register and calls for the introduction of a mandatory requirement for all Members to make public all scheduled meetings with people external to Parliament wdeclaration of scheduled meetings with diplomatic representatives of third countries in case of an active role on a report or a resolution to allow for scrutiny of interest representation and decision making process, in line with the reform plan proposed by President Roberta Metsola; calls for a swift implementation of the re these meetings relate to a report or resolution of the European Parliament; form that is aimed at strengthening the Parliament's integrity, independence and accountability; calls for the reform to reflect the need for more transparency, also through better access to documents, in order to ensure public scrutiny;
Amendment 98 #
2022/2015(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for a revision of the Staff Regulations, especially Article 22(c) thereof, in order to align them with the standards of the Whistleblower Directive; reiterates its call for a special committee tasked with identifying potenwelcomes the endorsement by the political flaws in the European Parliament’s rules on transparency, integrity and corruption and with making proposals for reforms; recalls its commitment to setting up a committee of inquiry to investigate cases of corruption and improper actions by non-EU countries seeking to buy influence in the European Parliament; recalls its position that the Commission should put forward a proposal to set up a new ethics body for the EU institutions as soon as possiblgroups' leaders of the reform plan and reminds that the reform should be aimed at enhancing public trust in the Parliament while protecting the right of MEPs in the free exercise of their mandate;
Amendment 107 #
2022/2015(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the Ombudsman’s practical recommendations on how to record text and instant messages sent or received by staff members in their professional capacity23 ; recognises that certain work-related text and instant messages aremay be considered as ‘documents’ within the meaning of Regulation (EC) No 1049/2001 on public access to documents and invites the other EU institutions, bodies, offices and agencies to also recognise this; calls on the other EU institutions, bodies, offices and agencies to use a broad interpretation of the concept of ‘document’, which is particularly important in an information society and in the context of new forms of communication; _________________ 23 https://www.ombudsman.europa.eu/en/do c/correspondence/en/158383.
Amendment 108 #
2022/2015(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Welcomes the 2021 Ombudsman’s guidelines for the EU administration on policies and practices to give effect to the right of public access to documents in view to improve internal procedures in order to make the process easy and open to citizens, such as providing the public with the information on how to submit a request for public access to documents, as well as on the procedure the institution follows in dealing with requests and the information on the means of redress12a; _________________ 12a https://www.ombudsman.europa.eu/en/do c/correspondence/en/149198
Amendment 110 #
2022/2015(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Encourages the EU institutions, bodies, offices and agencies to put in place on its respective websites advice on what elements a request for documents under Regulation (EC) No 1049/2001 should contain and how detailed it should be in order to streamline the processing of the requests;
Amendment 113 #
2022/2015(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for the EU institutions to have a policy of ‘transparency by design’ and publish documents linked to legislative files proactively, within a reasonable time frame and in a user-friendly way; calls for the EU institutions to comply fully with the judgment of the CJEU in Case T-540/1524 on access to trilogue documents; insists that the EU institutions and in particular the Council should improve its rules and procedures on legislative transparency, including the accessibility and classification of legislative documents; _________________ 24 Judgment of 22 March 2018, Emilio De Capitani v European Parliament, T-540/15, EU:T:2018:167.
Amendment 126 #
2022/2015(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Notes that citizens are often facing long delays in receiving access to documents; calls on the institutions to process requests for access to documents without undue delay; acknowledges however that the delays may be caused by the complexity of a given case; in such instances, calls for the institutions to explain to the applicant the reasons for the necessary delays;
Amendment 1 #
2022/2005(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to Regulation (EU) 2021/692 of the European Parliament and of the Council of 28 April 2021 establishing the Citizens, Equality, Rights and Values Programme,
Amendment 40 #
2022/2005(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU Action Plan is the first EU policy instrument to recognise the structural dimension of racism, which has historical roots datingand in some Member States dates back to colonialism and slavery while in others exists due to other factors;
Amendment 108 #
2022/2005(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the EU Action Plan lacksis an important step towards tackling racism in the EU; whereas it does not foresee follow-up mechanisms and measurable targets;
Amendment 148 #
2022/2005(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises the urgent need for the Union to develop a robust and comprehensive agenda for effectively combating racism and discrimination on all grounds and in all areas in the EU; insists that the Union and its institutions must lead by example in the fight against structural and institutional racism and anti- discrimination;
Amendment 156 #
2022/2005(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to assesscontinue the assessment of the implementation of the current EU legal framework for combating discrimination, racism, xenophobia and other types of intolerance in order to determine how to improve it where needed, and to take part in a regular dialogue and exchange of best practices with Member States and stakeholders, local governments and stakeholders; calls for concrete steps to address possible gaps identified in the course of this assessment;
Amendment 163 #
2022/2005(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Regrets that Roma communities remain one of the most discriminated and vulnerable groups in the EU; call on the Member States to implement the recommendation of the Council of the European Union on Roma equality, inclusion and participation adopted on 12 March 202 as well as EU Roma Strategic Framework for equality, inclusion and participation for 2020-2030 and to make full use of the available funding on both the EU and the national levels towards this end; calls on the Commission to intensify the monitoring of Member States’ progress and take further steps accordingly;
Amendment 186 #
2022/2005(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to ensure the full implementation of the Racial Equality Directive; condemns the fact that racial, ethnic, linguistic and religious minorities face structural racism, discrimination, hate crime and hate speech, a lack of access to justice, and sustained socioeconomic inequalities in areas such as housing, healthcare, employment and education, education and other essential services, and experience greater difficulties in access to justice system, which need to be acknowledged as major barriers to full enjoyment of fundamental rights and key barriers to inclusion and equality;
Amendment 189 #
2022/2005(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Member States to ensure that healthcare services are prepared to address specific health issues that affect in particular people of African, Middle-Eastern, Latin-American and Asian descent through necessary trainings and updating of the medical education curricula accordingly;
Amendment 190 #
2022/2005(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on better enforcement of the Employment Equality Directive in all Member States as well as for effective monitoring of the compliance with the directive;
Amendment 191 #
2022/2005(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Call on the European Commission to monitor the application of the existing EU anti-discrimination legal framework and to take further steps where necessary, including infringement procedures in case of breaches of the EU law;
Amendment 202 #
2022/2005(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on Member States to apply the key guiding principles on encouraging reporting of hate crime developed in March 2021 by Working Group on hate crime recording, data collection and encouraging reporting; encourages exchange of best practices among relevant authorities;
Amendment 204 #
2022/2005(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. underlines that Artificial Intelligence (AI) has a potential of helping identify and reduce the impact of human biases and can be used in mapping groups that are discriminated through application of AI software on data sets; recognises however the risks of reinforcing the existing discrimination and stresses therefore the importance of the quality of data used in the development of algorithms, as the standard of AI systems relies on the data used to train them; underscores that AI system that is trained on low quality data, does not meet adequate requirements in terms of its accuracy or robustness, or is not properly designed and tested before put into service, it may single out people in a discriminatory or otherwise incorrect or unjust manner;
Amendment 212 #
2022/2005(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Demands thatCalls on the Member States end racial or ethnic profiling in all forms, encompassing ato ensure that necessary safeguards for the fundamental rights and freedoms of data subjects are in place for the use of AI tools particularly when used by law enforcement; welcomes that the Commission's proposal on the Artificial iIntelligence (AI) tools and includingAct recognises the uses of AI in law enforcement context as high-risk; recalls that in accordance with Union law profiling that results in discriminal law enforcement, counter-terrorism measures and immigration controls, and to officiallytion against natural persons on the basis of personal data which are by their nature particularly sensitive in relation to fundamental rights and freedoms is prohibited as stipulated in the Directive (EU) 2016/680 (Articles 10 and 11); stresses the importance of the recognisetion and combating practices of unlawful discrimination and violence through anti- racism and anti-bias training for the authorities;
Amendment 227 #
2022/2005(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States to monitor racial bias, including in AI datasets, in criminal justice, education systems and social services, and to take proactive steps to ensure equal justice in order to improve relations between authorities and minority communities; calls, furthermore, for the creation of independent complaint mechanisms for all administrative, judiciary and executive branches of the state, in particular law enforcement; stresses the need to streamline anti-discrimination and anti- racism in all institutions of Member States’ justice systems, including within the judiciary, prosecution services and law enforcement agencies; calls on the Commission and the Member States to provide trainings for justice system practitioners with the aim to strengthen their legal and non-legal knowledge and skills in the area of non-discrimination and anti-racism;
Amendment 235 #
2022/2005(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Emphasises that according to FRA survey (2021) Your Rights Matter: Police Stops, the majority in the EU as a whole thinks that police generally treats people with respect “frequently” or “always”; notes however that there are disparities between Member States; stresses that there is a correlation between trust among citizens and the readiness to report a crime when witnessing it;
Amendment 236 #
2022/2005(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on CEPOL for more training on how to avoid unlawful profiling in law enforcement context and to assist with understanding and eliminating bias; recalls that the FRA Handbook on Preventing Unlawful Profiling Today And In The Future (2018) provides practical information that can be directly used by national authorities in their own trainings;
Amendment 242 #
2022/2005(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the EU institutions to address intersectional forms of discrimination in EU anti-discrimination legislation and policies and to promote an EU framework on intersectional discrimination with cross- cutting objectives and measures, including an EU-wide ban for radical hate preachers to enter the common territory;
Amendment 249 #
2022/2005(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the need to ensure meaningful participation of all groups affected by intersectional discrimination in policymaking at EU, national and local levels, especially racialised groups; calls on the Commission and Member States to amplify the measures against so called 'honour crimes', which restricts the rights and freedom of minorities, in particular women and girls, to fully participate in society;
Amendment 255 #
2022/2005(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the need to ensure meaningful participation of all groups affected by intersectional discrimination in policymaking at EU, national and local levels, especially racialised groups;
Amendment 258 #
2022/2005(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the importance of collecting comparable and robust disaggregated equality data in order to fully understand and to document discrimination and to tackle inequality holistically, based on voluntary participation, self-identification and informed consent, while protecting anonymity and confidentiality, ensuring community participation in defining of categories, analysis and evaluation, respecting the key principles of EU data protection legislation and fundamental rights and complying with national legislation; calls on the Commission to continue developing a common methodology on this with Member States in order to ensure the comparability, accuracy and reliability of the data collected; supports the FRA’s work on analysing this data and welcomes further developments in this field, in line with its new mandate and through structured and close cooperation with affected groups;
Amendment 266 #
2022/2005(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on all Member States to adopt national action plans against racism and discrimination by the end of 2022, as provided for in the EU Anti-racism Action Planwhich take into account the historical roots of racism and create a culture of remembrance, as provided for in the EU Anti-racism Action Plan; calls on the Commission to increase transparency and participation of racialised groups in the work of the subgroup on National Action Plans against Racism, including by providing information on national contact points; highlights the need to continue this EU Action Plan beyond 2025 and encourages the Commission to begin this work before the end of its current mandate;
Amendment 273 #
2022/2005(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls for more relevant programming under the Citizen, Equality, Rights and Values Programme in the area of fight against discrimination; stresses that only through adequate funding directly from the EU budget the organisations working on the ground will be able to make a meaningful contribution;
Amendment 279 #
2022/2005(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 286 #
2022/2005(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to adopt concrete legislative measures to strengthen the role and independence of equality bodies in Member States and to ensure that they are sufficiently funded in order to perform their tasks, especially when it comes to a better collection of data in view to mapping discrimination and inequalities across the EU;
Amendment 302 #
2022/2005(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls foron the European institutions to address structural and institutionalised racism, discrimination and the underrepresentation of minorities within theits structures of the European institutions to be addressed and for the adoption ofand to develop a workforce diversity and inclusion strategy;
Amendment 303 #
2022/2005(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Reiterate its call on all Member States and the Union institutions and agencies to adopt and apply the working definition of anti-Semitism employed by the International Holocaust Remembrance Alliance (IHRA)1a; stresses the urgent need for comprehensive educational measures at all levels to promote the IHRA working definition of anti-Semitism; _________________ 1a Resolution on combating anti-Semitism (2017/2692(RSP) of 29 May 2017
Amendment 314 #
2022/2005(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the Commission’s appointment of the first anti-racism coordinator in 2021 and the continuous re- appointment since 2015 of the coordinator on combating anti-semitism and fostering Jewish life; but deplores that the position of anti-muslim hatred coordinator has been left vacant since July 2021;
Amendment 319 #
2022/2005(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to swiftly appoint the anti-muslim hatred coordinator; regrets that the post has been vacant since July 2021;
Amendment 337 #
2022/2005(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the systematic integration of issues related to anti-racism, discrimination and intersectionality into its annual reports on fundamental rights and the rule of law; calls for this dimension to be fully integrated and reflected in the final report of the panel of independent experts to be set up through the public procurement procedure requested by Parliament’s Bureau as part of the rule of law report;
Amendment 153 #
2022/0277(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) State advertising should be understood broadly as covering promotional or self-promotional activities undertaken by, for or on behalf of a wide range of public authorities or entities, including governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities in different sectors, at national or regional level, or local governments of territorial entities of more than 1 million inhabitants. However, the definition of state advertising should not include emergency messages by public authorities which are necessary, for example, in cases of natural or sanitary disasters, accidents or other sudden incidents that can cause harm to individuals.
Amendment 177 #
2022/0277(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) An independent authority or body designated to handle complaints lodged by media service providers or, if applicable, their family members, their employees (including those operating in non- standard forms of employment such as free-lancers and self-employed) or their family members, should be protected from any direct or indirect external influence. Such authority or body should have the necessary financial resources and relevant expertise, given the highly technical nature and sophistication of the surveillance measures. Furthermore, it should cooperate with other relevant supervisory authorities, such as data protection authorities, each acting within their respective areas of competence.
Amendment 214 #
2022/0277(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions ion agreement with the Commissionits own initiative or upon itsthe request from the Commission in the cases envisaged by this Regulation. In order to effectively and independently fulfil its tasks, the Board should be able to rely on the expertise and human resources of a secretariat provided by the Commission. The Commission secretariat should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks.
Amendment 254 #
2022/0277(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) To this end, providers of very large online platforms should provide a functionality on their online interface to enable media service providers to declare that they meet certain requirements, while at the same time retaining the possibility not to accept such self-declaration where they consider that these conditions are not met. Providers of very large online platforms may rely on information regarding adherence to these requirements, such as the machine-readable standard of the Journalism Trust Initiative or other relevant codes of conduct. Guidelines by the Commission mayshould be useful to facilitate an effective implementation of such functionality, including on modalities of involvement of relevant civil society organisations in the review of the declarations, on consultation of the regulator of the country of establishment, where relevant, and address any potential abuse of the functionality.
Amendment 269 #
2022/0277(COD)
(39) It is also key that the Board is empowered to issue an opinion, on its own initiative or upon the Commission’s request, where national measures are likely to affect the functioning of the internal market for media services. This is, for example, the case when a national administrative measure is addressed to a media service provider providing its services towards more than one Member State, or when the concerned media service provider has a significant influence on the formation of public opinion in that Member Statesuch measure is preventing a media service provider established in one Member States from providing services in another Member State, or when the concerned media service provider has a significant influence on the formation of public opinion in that Member State. Media service providers that consider to be directly affected by specific measures should also be able to request the Board to issue an opinion on the measures in question.
Amendment 277 #
2022/0277(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) National regulatory authorities or bodies, as well as self-regulatory press bodies and civil society organisations, who have specific expertise in the area of media pluralism, should be involved in the assessment of the impact of media market concentrations on media pluralism and editorial independence where they are not the designated authorities or bodies themselves. In order to foster legal certainty and ensure that the rules and procedures are genuinely geared at protecting media pluralism and editorial independence, it is essential that objective, non-discriminatory and proportionate criteria for notifying and assessing the impact of media market concentrations on media pluralism and editorial independence are set out in advance.
Amendment 282 #
2022/0277(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) The Board should be empowered to provide opinions on draft decisions or opinions by the designated or involved national regulatory authorities or bodies, where the notifiable concentrations may affect the functioning of the internal media market. This would be the case, for example, where such concentrations involve at least one undertaking established in another Member State or operating in more than one Member State or result in media service providers having a significant influence on formation of public opinion in a given media market. Moreover, where the concentration has not been assessed for its impact on media pluralism and editorial independence by the relevant national authorities or bodies, or where the national regulatory authorities or bodies have not consulted the Board regarding a given media market concentration, but that media market concentration is considered likely to affect the functioning of the internal market for media services, the Board should be able to provide an opinion, on its own initiative or upon request of the Commission. In any event, the Commission retains the possibility to issue its own opinions following the opinions drawn up by the Board.
Amendment 287 #
2022/0277(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) With a view to ensuring pluralistic media markets, the national authorities or bodies and the Board should take account of a set of criteria. In particular, impact on media pluralism should be considered, including notably the effect on the formation of public opinion, taking into account of the online environment. Concurrently, it should be considered whether other media outlets, providing different and alternative content, would still coexist in the given market(s) after the media market concentration in question. Assessment of safeguards for editorial independence should include the examination of potential risks of undue interference by the prospective owner, management or governance structure in the individual editorial decisions of the acquired or merged entity. The existing or envisaged internal safeguards aimed at preserving independence of the individual editorial decisions within the media undertakings involved should also be taken into account. The Board should also take into account the chapters and any country specific recommendations on media pluralism and media freedom in the Commission’s annual rule of law report as well as the Media Pluralism Monitor. In assessing the potential impacts, the effects of the concentration in question on the economic sustainability of the entity or entities subject to the concentration should also be considered and whether, in the absence of the concentration, they would be economically sustainable, in the sense that they would be able in the medium term to continue to provide and further develop financially viable, adequately resourced and technologically adapted quality media services in the market.
Amendment 340 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘State advertising’ means the placement, publication or dissemination, in any media service, of a promotional or self-promotional message, normally in return for payment or for any other consideration, by, for or on behalf of any national or regional public authority, such as national, federal or regional governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or regional level, or any local government of a territorial entity of more than 1 million inhabitants;
Amendment 361 #
2022/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Recipients of media services in the Union shall have the right to receive a plurality of news and current affairs content, produced with respect for editorial freedom of media service providers, without any interference from the state, to the benefit of the public discourse.
Amendment 362 #
2022/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Recipients of media services in the Union shall have the right to receive a plurality of quality news and current affairs content, produced with respect for editorial freedom of media service providers, to the benefit of the public discourse.
Amendment 372 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Member States shall respect effective editorial freedom and independence of media service providers. Member States, including their national regulatory authorities and bodies, shall not:
Amendment 376 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) interfere in or try to influence in any way, directly or indirectly, editorial policies and editorial decisions by media service providers;
Amendment 386 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) order the disclosure of their sources, detain, sanction, intercept, subject to surveillance or search and seizure, or inspect media service providers or, if applicable, their family members, their employees, especially journalists, or their family members, or their corporate and private premises, on the ground that they refuse to disclose information on their sources, unless this is justified by an overriding requirement in the public interest, in accordance with Article 52(1) of the Charter and in compliance with other Union law;
Amendment 396 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) access encrypted communications or deploy spyware in any device or machine used by media service providers or, if applicable, their family members, or their employees, especially journalists, or their family members, unless the deployment is justified, on a case-by-case basis, on grounds of national security and is in compliance with Article 52(1) of the Charter and other Union law or the deployment occurs in serious crimes, as defined in Article 2(17) of this Regulation, investigations of one of the aforementioned persons, it is provided for under national law and is in compliance with Article 52(1) of the Charter and other Union law, and measures adopted pursuant to sub- paragraph (b) would be inadequate and insufficient to obtain the information sought.
Amendment 398 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) deploy spyware or any other intrusive surveillance technologies in any device or machine used by media service providers or, if applicable, their family members, or their employees or their family members, unless the deployment is justified, proportionate and necessary, on a case-by-case basis, on grounds of national security and is in compliance with Article 52(1) of the Charter and other Union law or the deployment occurs in serious crimes investigations of one of the aforementioned persons, it is provided for under national law and is in compliance with Article 52(1) of the Charter and other Union law, and measures adopted pursuant to sub- paragraph (b) would be inadequate and insufficient to obtain the information sought.
Amendment 410 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Without prejudice and in addition to the right to effective judicial protection guaranteed to each natural and legal person, Member States shall designate and guarantee an independent authority or body to handle complaints lodged by media service providers or, if applicable, their family members, their employees or their family members, regarding breaches of paragraph 2, points (b) and (c). Media service providers shall have the right to request that authority or body to issue, within three months of the request, an opinion regarding compliance with paragraph 2, points (b) and (c).
Amendment 412 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Provisions of this Article shall be applicable also to natural persons in non- standard forms of employment, such as free-lancers and self-employed, exercising activities in the same field as media service providers and their employees.
Amendment 425 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The head of management and the members of the governing board of public service media providers shall be appointed through a transparent, predictable and consistent, open and non-discriminatory procedure and on the basis of transparent, objective, non-discriminatory and proportionate criteria laid down in advance by national law. Selection criteria shall be predictable and consistent for those involved and shall be known no less than 1 year before the planned appointment.
Amendment 430 #
2022/0277(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The duration of their term of office shall be established by national law, and be adequate and sufficient to ensure effective independence of the public media service provider. They may be dismissed before the end of their term of office only exceptionally and on the basis of a clear review mechanism where they no longer fulfil the legally predefined conditions required for the performance of their duties laid down in advance by national law or for specific reasons of illegal conduct or serious misconduct as defined in advance by national law.
Amendment 466 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) where appropriate, the extent to which their direct, indirect or beneficial ownership is held by the government, a state institution, state-owned enterprise or other public body.
Amendment 495 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Without prejudice to national constitutional laws consistent with the Charter, media service providers providing news and current affairs content shall take measures that they deem appropriate with a view to guaranteeing the independence of individual editorial decisions based on established professional editorial line. In particular, such measures shall aim to:
Amendment 503 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) guarantee that editors are free and independent to take individual editorial decisions in the exercise of their professional activity; and
Amendment 514 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 531 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that the national regulatory authorities or bodies have adequate financial, human and technical resources to carry out their tasks under this Regulation independently, transparently and without political or any other undue influence.
Amendment 532 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that the national regulatory authorities or bodies have adequatppropriate and sustainable financial, human and technical resources to carry out their tasks under this Regulation and guarantee their full independence.
Amendment 541 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 a (new)
Article 7 – paragraph 4 – subparagraph 2 a (new)
National regulatory authorities or bodies shall hold regular consultations with representatives of media service providers, civil society organisations, academia and independent media experts. The outcomes of these consultations shall be reflected in a publically available annual report.
Amendment 548 #
2022/0277(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The Board shall act in full independence, including of any government or other undue influence, when performing its tasks or exercising its powers. In particular, the Board shall be completely autonomous, in the performance of its tasks or the exercise of its powers of any political, governmental or other undue influence when performing its tasks and, neither seek nor take instructions from any government, institution, person or body. This shall not affect the competences of the Commission or the national regulatory authorities or bodies in conformity with this Regulation.
Amendment 568 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
Amendment 589 #
2022/0277(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Board shall have a secretariat, which shall be providith adequate financial resources and independent expertise to carry out tasks outlined byin the Commissis Regulation.
Amendment 623 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement withAfter informing the Commission, draw up opinions with respect to:
Amendment 632 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
Article 12 – paragraph 1 – point f – introductory part
(f) upon request ofagreement with the Commission, draw up opinions with respect to:
Amendment 721 #
2022/0277(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Board shall coordinate measures by national regulatory authorities or bodies related to the dissemination of or access to media services provided by media service providers established outside the Union that target audiences in the Union where, inter alia in view of the control that may be exercised by third countries over them, such media services prejudice or present a serious and grave risk of prejudice to public security and defenceinterest, security, including information security, and defence, including defence against dangerous disinformation.
Amendment 785 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. With a view to facilitating the consistent and effective implementation of this Article, the Commission mayshall issue guidelines to establish the form and details of the declaration set out in paragraph 1.
Amendment 803 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Any legislative, regulatory or administrative measure taken by a Member State, including but not limited to the implementation of Directive 2010/13/EU, that is liable to affect the provision or operation of media service providers in the internal market shall be duly justified and proportionate. Such measures shall be reasoned, transparent, objective and non- discriminatory and shall not disproportionately disrupt the operation of media service providers.
Amendment 804 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect the operation of media service providers in the internal market shall be duly justified and proportionate. Such measures shall be reasoned, transparent, objective and non- discriminatory as well as follow the principle of non-regression on EU values in Member States with respect to media freedom and independence.
Amendment 810 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Without prejudice and in addition to its right to effective judicial protection, any media service provider subject to an administrative or regulatory measure referred to in paragraph 1 that concerns it individually and directly shall have the right to appeal against that measure to an appellate body. That body shall be independent of the parties involved and of any external intervention or political pressure liable to jeopardise its independent assessment of matters coming before it. It shall have the appropriate expertise to enable it to carry out its functions effectively and to respond to any appeals timely.
Amendment 812 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, on its own initiative or upon request of the Commission, shall draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available. Where applicable, media service providers that consider to be directly affected by such measures shall also be able to request the Board to issue an opinion.
Amendment 813 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, upon request of the Commission, shall draw up an opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services. The opinion shall, where appropriate, include proportionality analysis and can include consultation with national stakeholders. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission mayshall issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.
Amendment 831 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
The assessment referred to in this paragraph shall provide an independent evaluation of any undue distortions to the media environment and be distinct from the competition law assessments including those provided for under merger control rules. It shall be without prejudice to Article 21(4) of Regulation (EC) No 139/2004, where applicable.
Amendment 832 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the impact of the concentration on media pluralism, including its effects on the formation of public opinion and on the diversity and independence of media players on the market, taking into account the online environment and the parties’ interests, links or activities in other media or non-media businesses;
Amendment 836 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the safeguards for editorial independence, including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence and adequate quality of individual editorial decisions;
Amendment 837 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the safeguards for editorial independence, including the impact of the concentration on the functioningindependence of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions;
Amendment 851 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In the absence of an assessment or a consultation pursuant to Article 21, the Board, on its own initiative or upon request of the Commission, shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence, where a media market concentration is likely to affect the functioning of the internal market for media services. The Board shall base its opinion on the elements set out in Article 21(2). The Board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the Commission.
Amendment 890 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Public funds or any other consideration or advantage granted by public authorities to media service providers and providers of online platforms for the purposes of advertising shall be awarded according to transparent, objective, proportionate and non- discriminatory criteria and through open, proportionate and non-discriminatory procedures. This Article shall not affect public procurement rules.
Amendment 901 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, including national, federal or regional governments, regulatory authorities or bodies, as well as state-owned enterprises or other state- controlled entities at the national or regional level, or local governments of territorial entities of more than 1 million inhabitants, shall make publicly available accurate, comprehensive, intelligible, detailed and yearly information about their advertising expenditure allocated to media service providers and providers of online platforms, which shall include at least the following details:
Amendment 902 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. PRelevant public authorities, including national, federal or regional governments, regulatory authorities or bodies, as well as state-owned enterprises or other state- controlled entities at the national or regional level, or local governments of territorial entities of more than 1 million inhabitants, shall make publicly available accurate, comprehensive, intelligible, detailed and yearly information about their advertising expenditure allocated to media service providers, which shall include at least the following details:
Amendment 904 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) the legal names of media service providers or providers of online platforms from which advertising services were purchased;
Amendment 905 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) the total annual amount spent as well as the amounts spent per media service provider or provider of online platform.
Amendment 101 #
2022/0047(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) This Regulation complements and is without prejudice to the Union and national laws providing for the access to and enabling to use data for statistical purposes, in particular regulation 223/2009 on European Statistics and its related legal acts as well as national legal acts related to official statistics.
Amendment 109 #
2022/0047(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components or embedded software, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question.
Amendment 113 #
2022/0047(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, andsensor-generated data or data captured by embedded applications, and data recorded by a device without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights.
Amendment 113 #
2022/0047(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) This Regulation complements and is without prejudice to the Union and national laws providing for the access to and enabling to use data for statistical purposes, in particular regulation 223/2009 on European Statistics and its related legal acts as well as national legal acts related to official statistics.
Amendment 118 #
2022/0047(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) This Regulation complements and is without prejudice to the Union and national laws providing for the access to and enabling to use data for statistical purposes, in particular Regulation 223/2009 on European Statistics and its related legal acts as well as national legal acts related to official statistics.
Amendment 120 #
2022/0047(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Virtual assistants play an increasing role in digitising consumer environments and serve as an easy-to-use interface to play content, obtain information, or activate products including physical objects connected to the Internet of Things. Virtual assistants can act as a single gateway in, for example, a smart home environment and record significant amounts of relevant data on how users interact with products connected to the Internet of Things, including those manufactured by other parties and can replace the use of manufacturer-provided interfaces such as touchscreens or smart phone apps. The user may wish to make available such data with third party manufacturers and enable novel smart home services. Such virtual assistants should be covered by the data access right provided for in this Regulation also regarding data recorded before the virtual assistant’s activation by the wake word and data generated when a user interacts with a product via a virtual assistant provided by an entity other than the manufacturer of the product if such data are collected. However, only the data stemming from the interaction between the user and product through the virtual assistant falls within the scope of this Regulation. Data produced by the virtual assistant unrelated to the use of a product is not the object of this Regulation.
Amendment 126 #
2022/0047(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components or embedded software, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question.
Amendment 128 #
2022/0047(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, andsensor-generated data or data captured by embedded applications, and data recorded by a device without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights.
Amendment 132 #
2022/0047(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components or embedded software, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question.
Amendment 134 #
2022/0047(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Virtual assistants play an increasing role in digitising consumer environments and serve as an easy-to-use interface to play content, obtain information, or activate products including physical objects connected to the Internet of Things. Virtual assistants can act as a single gateway in, for example, a smart home environment and record significant amounts of relevant data on how users interact with products connected to the Internet of Things, including those manufactured by other parties and can replace the use of manufacturer-provided interfaces such as touchscreens or smart phone apps. The user may wish to make available such data with third party manufacturers and enable novel smart home services. Such virtual assistants should be covered by the data access right provided for in this Regulation also regarding data recorded before the virtual assistant’s activation by the wake word and data generated when a user interacts with a product via a virtual assistant provided by an entity other than the manufacturer of the product if such data are collected. However, only the data stemming from the interaction between the user and product through the virtual assistant falls within the scope of this Regulation. Data produced by the virtual assistant unrelated to the use of a product is not the object of this Regulation.
Amendment 151 #
2022/0047(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, andsensor-generated data or data captured by embedded applications, and data recorded by a device without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights.
Amendment 177 #
2022/0047(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Virtual assistants play an increasing role in digitising consumer environments and serve as an easy-to-use interface to play content, obtain information, or activate products including physical objects connected to the Internet of Things. Virtual assistants can act as a single gateway in, for example, a smart home environment and record significant amounts of relevant data on how users interact with products connected to the Internet of Things, including those manufactured by other parties and can replace the use of manufacturer-provided interfaces such as touchscreens or smart phone apps. The user may wish to make available such data with third party manufacturers and enable novel smart home services. Such virtual assistants should be covered by the data access right provided for in this Regulation also regarding data recorded before the virtual assistant’s activation by the wake word and data generated when a user interacts with a product via a virtual assistant provided by an entity other than the manufacturer of the product if such data are collected. However, only the data stemming from the interaction between the user and product through the virtual assistant falls within the scope of this Regulation. Data produced by the virtual assistant unrelated to the use of a product is not the object of this Regulation.
Amendment 180 #
2022/0047(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Data processing services should cover services that allow on-demand and broad remote access to a scalable and elastic pool of shareable and distributed computing resources. Those computing resources include resources such as networks, servers or other virtual or physical infrastructure, operating systems, software, including software development tools, storage, applications and services. The capability of the customer of the data processing service to unilaterally self- provision computing capabilities, such as server time or network storage, without any human interaction by the service provider could be described as on-demand administration. The term ‘broad remote access’ is used to describe that the computing capabilities are provided over the network and accessed through mechanisms promoting the use of heterogeneous thin or thick client platforms (from web browsers to mobile devices and workstations). The term ‘scalable’ refers to computing resources that are flexibly allocated by the data processing service provider, irrespective of the geographical location of the resources, in order to handle fluctuations in demand. The term ‘elastic pool’ is used to describe those computing resources that are provisioned and released according to demand in order to rapidly increase or decrease resources available depending on workload. The term ‘shareable’ is used to describe those computing resources that are provided to multiple users who share a common access to the service, but where the processing is carried out separately for each user, although the service is provided from the same electronic equipment. The term ‘distributed’ is used to describe those computing resources that are located on different networked computers or devices and which communicate and coordinate among themselves by message passing. The term ‘highly distributed’ is used to describe data processing services that involve data processing closer to where data are being generated or collected, for instance in a connected data processing device. Edge computing, which is a form of such highly distributed data processing, is expected to generate new business models and cloud service delivery models, which should be open and interoperable from the outset. However, in order to avoid imposing overly broad obligations, a service should not be considered data processing service where enabling on- demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature is merely a minor and purely ancillary feature of another service. For example, this should not apply to online platforms within the meaning of the Digital Services Act where data storing is merely a minor and purely ancillary feature of another service such as social networks or online marketplaces
Amendment 193 #
2022/0047(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Data processing services should cover services that allow on-demand and broad remote access to a scalable and elastic pool of shareable and distributed computing resources. Those computing resources include resources such as networks, servers or other virtual or physical infrastructure, operating systems, software, including software development tools, storage, applications and services. The capability of the customer of the data processing service to unilaterally self- provision computing capabilities, such as server time or network storage, without any human interaction by the service provider could be described as on-demand administration. The term ‘broad remote access’ is used to describe that the computing capabilities are provided over the network and accessed through mechanisms promoting the use of heterogeneous thin or thick client platforms (from web browsers to mobile devices and workstations). The term ‘scalable’ refers to computing resources that are flexibly allocated by the data processing service provider, irrespective of the geographical location of the resources, in order to handle fluctuations in demand. The term ‘elastic pool’ is used to describe those computing resources that are provisioned and released according to demand in order to rapidly increase or decrease resources available depending on workload. The term ‘shareable’ is used to describe those computing resources that are provided to multiple users who share a common access to the service, but where the processing is carried out separately for each user, although the service is provided from the same electronic equipment. The term ‘distributed’ is used to describe those computing resources that are located on different networked computers or devices and which communicate and coordinate among themselves by message passing. The term ‘highly distributed’ is used to describe data processing services that involve data processing closer to where data are being generated or collected, for instance in a connected data processing device. Edge computing, which is a form of such highly distributed data processing, is expected to generate new business models and cloud service delivery models, which should be open and interoperable from the outset. However, in order to avoid imposing overly broad obligations, a service should not be considered data processing service where enabling on- demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature is merely a minor and purely ancillary feature of another service. For example, this should not apply to online platforms within the meaning of the Digital Services Act where data storing is merely a minor and purely ancillary feature of another service such as social networks or online marketplaces.
Amendment 213 #
2022/0047(COD)
3. Union law on the protection of personal data, privacy and confidentiality of communications and integrity of terminal equipment shall apply to personal data processed in connection with the rights and obligations laid down in this Regulation. This Regulation shall not affect the applicability of Union law on the protection of personal data, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC, including the powers and competences of supervisory authorities. Insofar as the rights laid down in Chapter II of this Regulation are concerned, and where users are the data subjects of personal data subject to the rights and obligations under that Chapter, the provisions of this Regulation shall complement the right of data portability under Article 20 of Regulation (EU) 2016/679. In the event of a conflict between this Regulation and Union law on the protection of personal data or national law adopted in accordance with such Union law, the relevant Union or national law on the protection of personal data shall prevail.
Amendment 218 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) ‘data generated by the use of a product or a related service’ means any data recorded intentionally by the user or as a by-product of the user’s action, as well as data generated or recorded without any action by the user among others in stand by mode or while the product is switched off. This includes sensor-generated data, data captured by embedded applications and diagnostics data.
Amendment 222 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) ‘data generated by the use of a product or a related service’ means any data recorded intentionally by the user or as a by-product of the user’s action, as well as data generated or recorded without any action by the user among others in standby mode or while the product is switched off. This includes sensor-generated data, data captured by embedded applications and diagnostics data;
Amendment 223 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1b) Diagnostic data is data that is the product of diagnostics functions or algorithms which provide information on the correct functioning and performance of the product and potential malfunctions
Amendment 226 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1 b) 'diagnostic data' is data that is the product of diagnostics functions or algorithms which provide information on the correct functioning and performance of the product and potential malfunctions;
Amendment 241 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person who: i) has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, orto make available data generated by products or related services, or ii) in the case of non-personal data and through control of the technical design of the product and related services, has the ability, to make available certain data;
Amendment 242 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person who: (i) has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, orto make available data generated by products or related services, or (ii) in the case of non-personal data and through control of the technical design of the product and related services, has the ability, to make available certain data;
Amendment 255 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘data processing service’ means a digital service other than an online content service as defined in Article 2(5) of Regulation (EU) 2017/1128, provided to a customer, which as its main feature enables on-demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature;
Amendment 255 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘data processing service’ means a digital service other than an online content service as defined in Article 2(5) of Regulation (EU) 2017/1128, provided to a customer, which as its main feature enables on-demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature;
Amendment 259 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
Amendment 264 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use are, by default, easily, securely and, where relevant and appropriate, directly accessible to the user, including the user with special needs.
Amendment 266 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 267 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1 b. The user may grant or withdraw at any time consent for the data holder to the use of their data or to the third party nominated by the data holder.
Amendment 273 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) 'official statistics' means European statistics according to Regulation 223/2009 and statistics considered official according to national legislation.
Amendment 274 #
2022/0047(COD)
i) The data holder shall provide information on the data structures, data formats, vocabularies, classification schemes, taxonomies and code lists, where available, which shall be described in a publicly available and consistent manner.
Amendment 275 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c – point ii (new)
Article 3 – paragraph 2 – point c – point ii (new)
ii) The technical means to access the data, such as Software Development Kits or application programming interfaces, and their terms of use and quality of service shall be sufficiently described to enable the development of such means of access.
Amendment 280 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. Where on-device access is technically supported, the manufacturer shall make this means of access also available to third-party service providers in a non-discriminatory manner.
Amendment 281 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where data cannot be directly accessed by the user from the product, the data holder shall make available to the user the data generated by its use of a product or related service without undue delay, free of charge and, where applicable, continuously and in real-time. This shall be done on the basis of a simple request through electronic means where technically feasible. In case when filing a request via electronic channels is not possible or limited by a disability, the data holder shall enable other forms of request that are appropriate for persons with communication problems.
Amendment 282 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use are, by default, easily, securely and, where relevant and appropriate, directly accessible to the user, including the user with special needs.
Amendment 285 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 286 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 286 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Trade secrets shall only be disclosed provided that all specific necessary measures are taken to preserve the confidentiality of trade secrets in particular with respect to third parties. The data holder and the user can agree measures to preserve the confidentiality of the shared data, in particular in relation to third parties. The right to request the data referred to in paragraph 1 shall not adversely affect the rights and freedoms of others, including the rights protected under Directive (EU)2016/943.
Amendment 290 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. The user may grant or withdraw at any time consent for the data holder to the use of their data or to the third party nominated by the data holder
Amendment 299 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 301 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) The data holder shall provide information on the data structures, data formats, vocabularies, classification schemes, taxonomies and code lists, where available, which shall be described in a publicly available and consistent manner.
Amendment 302 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c b (new)
Article 3 – paragraph 2 – point c b (new)
Amendment 310 #
2022/0047(COD)
8. Trade secrets shall only be disclosed to third parties to the extent that they are strictly necessary to fulfil the purpose agreed between the user and the third party and all specific necessary measures agreed between the data holder and the third party are taken by the third party to preserve the confidentiality of the trade secret. In such a case, the nature of the data as trade secrets and the measures for preserving the confidentiality shall be specified in the agreement between the data holder and the third party. The right to request the data referred to in paragraph 1 shall not adversely affect the rights and freedoms of others, including the rights protected under Directive (EU)2016/943.
Amendment 313 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Where on-device access is technically supported, the manufacturer shall make this means of access also available to third-party service providers in a non-discriminatory manner.
Amendment 317 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where data cannot be directly accessed by the user from the product, the data holder shall make available to the user the data generated by its use of a product or related service without undue delay, free of charge and, where applicable, continuously and in real-time. This shall be done on the basis of a simple request through electronic means where technically feasible. In case when filing a request via electronic channels is not possible or limited by a disability, the data holder shall enable other forms of request that are appropriate for persons with communication problems.
Amendment 320 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 327 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 331 #
2022/0047(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Data processing services should cover services that allow on-demand and broad remote access to a scalable and elastic pool of shareable and distributed computing resources. Those computing resources include resources such as networks, servers or other virtual or physical infrastructure, operating systems, software, including software development tools, storage, applications and services. The capability of the customer of the data processing service to unilaterally self- provision computing capabilities, such as server time or network storage, without any human interaction by the service provider could be described as on-demand administration. The term ‘broad remote access’ is used to describe that the computing capabilities are provided over the network and accessed through mechanisms promoting the use of heterogeneous thin or thick client platforms (from web browsers to mobile devices and workstations). The term ‘scalable’ refers to computing resources that are flexibly allocated by the data processing service provider, irrespective of the geographical location of the resources, in order to handle fluctuations in demand. The term ‘elastic pool’ is used to describe those computing resources that are provisioned and released according to demand in order to rapidly increase or decrease resources available depending on workload. The term ‘shareable’ is used to describe those computing resources that are provided to multiple users who share a common access to the service, but where the processing is carried out separately for each user, although the service is provided from the same electronic equipment. The term ‘distributed’ is used to describe those computing resources that are located on different networked computers or devices and which communicate and coordinate among themselves by message passing. The term ‘highly distributed’ is used to describe data processing services that involve data processing closer to where data are being generated or collected, for instance in a connected data processing device. Edge computing, which is a form of such highly distributed data processing, is expected to generate new business models and cloud service delivery models, which should be open and interoperable from the outset. However, in order to avoid imposing overly broad obligations, a service should not be considered data processing service where enabling on- demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature is merely a minor and purely ancillary feature of another service. For example, this should not apply to online platforms within the meaning of the Digital Services Act where data storing is merely a minor and purely ancillary feature of another service such as social networks or online marketplaces
Amendment 338 #
2022/0047(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Unless otherwise provided by Union law, including Article 6 of this Regulation, or by national legislation implementing Union law, an obligation to make data available to a data recipient shall not oblige the disclosureWhile the obligation to make data available as provided by Union law, including Articles 4(3), 5(8), Article 6 and Article 19(2) of this Regulation, or by national legislation implementing Union law, shall be effective, this Regulationshall not question the protection of trade secrets as such and that the access is only granted under measures that warrant for the protection of trade secrets within the meaning of Directive (EU) 2016/943.
Amendment 343 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, anyAny reasonable compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. These costs include the costs necessary for data reproduction, dissemination via electronic means and storage, but not of data collection or production. Article 8(3) shall apply accordingly.
Amendment 350 #
2022/0047(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The data holder may apply appropriate technical protection measures, including smart contracts, to prevent unauthorised access to the data and to ensure compliance with Articles 5, 6, 9 and 10, as well as with the agreed contractual terms for making data available. Such technical protection measures shall not be used as a means to discriminate or hinder the user’s right to effectively provide data to third parties pursuant to Article 5 or any right of a third party under Union law or national legislation implementing Union law as referred to in Article 8(1).
Amendment 360 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A contractual term, concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise on a micro, small or medium-sized enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC or which has been unilaterally imposed by an enterprise which is the source of the data they hold shall not be binding on the latter enterprise, the data recipient or user, respectively, if it is unfair.
Amendment 372 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, anyAny reasonable compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. These costs include the costs necessary for data reproduction, dissemination via electronic means and storage, but not of data collection or production. Article 8(3) shall apply accordingly.
Amendment 380 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Union law on the protection of personal data, privacy and confidentiality of communications and integrity of terminal equipment shall apply to personal data processed in connection with the rights and obligations laid down in this Regulation. This Regulation shall not affect the applicability of Union law on the protection of personal data, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC, including the powers and competences of supervisory authorities. Insofar as the rights laid down in Chapter II of this Regulation are concerned, and where users are the data subjects of personal data subject to the rights and obligations under that Chapter, the provisions of this Regulation shall complement the right of data portability under Article 20 of Regulation (EU) 2016/679. In the event of a conflict between this Regulation and Union law on the protection of personal data or national law adopted in accordance with such Union law, the relevant Union or national law on the protection of personal data shall prevail.
Amendment 381 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2
Article 15 – paragraph 1 – point c – point 2
(2) obtaining the data in line with the procedure laid down in this Chapter would substantively reduce the administrative burden for data holders or other enterprises.; or
Amendment 382 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2 a (new)
Article 15 – paragraph 1 – point c – point 2 a (new)
(2 a) obtaining data is necessary for official statistics purposes;
Amendment 386 #
2022/0047(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The data holder may apply appropriate technical protection measures, including smart contracts, to prevent unauthorised access to the data and to ensure compliance with Articles 5, 6, 9 and 10, as well as with the agreed contractual terms for making data available. Such technical protection measures shall not be used as a means to discriminate or hinder the user’s right to effectively provide data to third parties pursuant to Article 5 or any right of a third party under Union law or national legislation implementing Union law as referred to in Article 8(1).
Amendment 386 #
2022/0047(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. This Chapter shall not affect obligations laid down in Union or national law for the purposes of reporting, complying with information requests or demonstrating or verifying compliance with legal obligations including official statistics purposes.
Amendment 393 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A contractual term, concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise on a micro, small or medium-sized enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC or which has been unilaterally imposed by an enterprise which is the source of the data they hold shall not be binding on the latter enterprise, the data recipient or user, respectively, if it is unfair.
Amendment 404 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) ‘data generated by the use of a product or a related service’ means any data recorded intentionally by the user or as a by-product of the user’s action, as well as data generated or recorded without any action by the user among others in standby mode or while the product is switched off. This includes sensor-generated data, data captured by embedded applications and diagnostics data.
Amendment 407 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1 b) ‘diagnostic data’ means data that is the product of diagnostics functions or algorithms which provide information on the correct functioning and performance of the product and potential malfunctions;
Amendment 409 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Where compliance with the request to make data available to a public sector body or a Union institution, agency or body requires the disclosure of personal data, the data holder shall take reasonable efforts to pseudonymise the data, insofar as the request can be fulfilled with pseudonymised data.
Amendment 419 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) destroy the data as soon as they are no longer necessary for the stated purpose and inform the data holder that the data have been destroyed. Official statistics authorities are exempted from the latter obligation.
Amendment 425 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2
Article 15 – paragraph 1 – point c – point 2
(2) obtaining the data in line with the procedure laid down in this Chapter would substantively reduce the administrative burden for data holders or other enterprises.; or
Amendment 426 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2 a (new)
Article 15 – paragraph 1 – point c – point 2 a (new)
(2a) obtaining data is necessary for official statistics purposes;
Amendment 428 #
2022/0047(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. This Chapter shall not affect obligations laid down in Union or national law for the purposes of reporting, complying with information requests or demonstrating or verifying compliance with legal obligations including official statistics purposes..
Amendment 431 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Where a public sector body or a Union institution, agency or body transmits or makes data available under paragraph 1, it shall notify the data holder from whom the data was received. The notification should include the identity and the contact details of individuals or organisations receiving the data pursuant to paragraph 1, the purposes of data processing and the period for which the data will be stored.
Amendment 432 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4 a. After receiving a notification based on art. 21 par. 4, the data holder has the right to object to transmitting or making available data that was received from him or her within 10 days.
Amendment 435 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Providers of a data processing service shall take the measures provided for in Articles 24, 25 and 26 to ensure, in terms of factors on their service side, that customers of their service can switch to another data processing service, covering the same service type, which is provided by a different service provider. In particular, providers of data processing service shall remove commercial, technical, contractual and organisational obstacles, which inhibit customers from:
Amendment 436 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 30 calendar days, the contractual agreement of the service, without prejudice to any financial commitments made by the customer regarding the service;
Amendment 438 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. The rights of the customer and the obligations of the provider of a data processing service in relation to switching between providers of such services shall be clearly set out in a written contractand made available to the customer in advance of that customer accepting terms and conditions of the service priori to signing up to the service of the provider. Without prejudice to Directive (EU) 2019/770, that contracte information to be provided to the customer and the terms and conditions of the service shall include at least the following:
Amendment 440 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly byby the customer or which is uniquely relate to theat customers own usage of the service, to an on-premise system, in particular the establishment of a mandatory maximum transition period of 360 calendar days, during which the data processing service provider shall execute and provide clear information concerning:
Amendment 441 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person who: (i) has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, orto make available data generated by products or related services, or (ii) in the case of non-personal data and through control of the technical design of the product and related services, has the ability, to make available certain data;
Amendment 442 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point -1 (new)
Article 24 – paragraph 1 – point a – point -1 (new)
(-1) the estimated, fastest possible in terms of factors on the side of the provider of the data processing service from which the switching is to take place, duration of the process for the customer to transition from the data processing service,including any operational, technical or organisational steps necessary for both the service provider and the customer to undertake, in order to complete the switching process;
Amendment 443 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 1
Article 24 – paragraph 1 – point a – point 1
(1) assist andance with the switching process that the provider can supply including, where technically feasible, completeion of the switching process from the provider’s side;
Amendment 444 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2
Article 24 – paragraph 1 – point a – point 2
(2) any risks to continuity in the provision of the respective functions or services from the provider’s side during the switching process and commitment to make every effort on provider’s side to ensure full continuity in the provision of the respective functions or services.
Amendment 445 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) an exhaustive detailed specification of all data and application categories exportable during the switching process, including, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service;
Amendment 447 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the mandatoryprovider of the data processing service becomes aware that the estimated transition period as defined in paragraph 1, points (a) and (c) of this Article is technically unfeasible for the provider, the provider of data processing services shall notify the customer within 714 working days after the switching request has been made, duly motivating the technical unfeasibility with a detailed report justifying and indicating an alternative shortest possible transition period, which may not exceed 6 months. In accordance with paragraph 1 of this Article, full service continuity shall be ensured, where technically feasible, continue throughout the alternative transition period against reduced charges, referred to in Article 25(2) if the delay is due to factors on the side of the provider of a data processing service from which the switching is to take place.
Amendment 448 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. From [date X+3yrs] onwards, providers of data processing services shall not impose any charges on the customer for the switching process., unless the process is prolonged due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 449 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. From [date X]onwards, providers of data processing services shall, before the customer signs up to the service, provide clear information in the terms and conditions of the service, about the costing parameters for mandatory operations that the provider of data processing services must perform in relation to porting and switching.
Amendment 450 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processing services that are directly linked to the switching process concerned., unless the process is prolonged due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 452 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) destroy the data as soon as they are no longer necessary for the stated purpose and inform the data holder that the data have been destroyed. Official statistics authorities are exempted from the latter obligation.
Amendment 452 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall ensure that the customer, after switching to aprovide capabilities, adequate information, documentation, technical support and, where appropriate, tools, to perform porting and switching, allowing for functional equivalence in the use of the new service coveringof the same service type offered by a different provider of data processing services, enjoys functional equivalence in the use of the new service.
Amendment 453 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the service type concerned, the provider of data processing services shall, at the request of the customer, export all data generated or co-generated and where technically feasible, export all data generated directly by the customer or which is uniquely related to that customers own usage of the service, including the relevant data formats and data structures, in a structured, commonly used and machine- readable format for the relevant service type.
Amendment 459 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5 a. All switching, porting and interoperability standards or specifications, as well as implementation of all measures of this regulation, shall ensure compliance with applicable law, in particular Regulation (EU) 2016/679, Directive 2002/58/EC,legislation on cyber security, consumer protection, product safety, trade secrets or intellectual property rights, as well as with the accessibility requirements.
Amendment 463 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘data processing service’ means a digital service other than an online content service as defined in Article 2(5) of Regulation (EU) 2017/1128, provided to a customer, which as its main feature enables on-demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature;
Amendment 464 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Where a public sector body or a Union institution, agency or body transmits or makes data available under paragraph 1, it shall notify the data holder from whom the data was received. The notification should include the identity and the contact details of individuals or organisations receiving the data pursuant to paragraph 1, the purposes of data processing and the period for which the data will be stored.
Amendment 466 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
Amendment 469 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Providers of a data processing service shall take the measures provided for in Articles 24, 25 and 26 to ensure, in terms of factors on their service side, that customers of their service can switch to another data processing service, covering the same service type, which is provided by a different service provider. In particular, providers of data processing service shall remove commercial, technical, contractual and organisational obstacles, which inhibit customers from:
Amendment 472 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point b
Article 31 – paragraph 2 – point b
(b) for specific sectoral data exchange issues related to the implementation of this Regulation, the competence of sectoral authorities shall be respected; it refers particularly to the official statistics authorities and the activity and decisions of the competent authorities designated according to paragraph 1 shall not affect their professional independence.
Amendment 475 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 30 calendar days, the contractual agreement of the service, without prejudice to any financial commitments made by the customer regarding the service;
Amendment 479 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20 a) official statistics means European statistics according to Regulation 223/2009 and statistics considered official according to national legislation.
Amendment 490 #
2022/0047(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point b a (new)
Article 41 – paragraph 1 – point b a (new)
(b a) the exclusion of trade secrets in Article 4 (3) and Article 5 (8);
Amendment 495 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. The rights of the customer and the obligations of the provider of a data processing service in relation to switching between providers of such services shall be clearly set out in a written contract. Without prejudice to Directive (EU) 2019/770, that contractand made available to the customer in advance of that customer accepting terms and conditions of the service priori to signing up to the service of the provider. Without prejudice to Directive (EU) 2019/770, the information to be provided to the customer and the terms and conditions of the service shall include at least the following:
Amendment 498 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use are, by default, easily, securely and, where relevant and appropriate, directly accessible to the user, including the user with special needs.
Amendment 500 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly byby the customer or which is uniquely relate to theat customers own usage of the service, to an on-premise system, in particular the establishment of a mandatory maximum transition period of 360 calendar days, during which the data processing service provider shall execute and provide clear information concerning:
Amendment 505 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 507 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1 b. The user may grant or withdraw at any time consent for the data holder to the use of their data or to the third party nominated by the data holder
Amendment 507 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point -1 (new)
Article 24 – paragraph 1 – point a – point -1 (new)
(-1) the estimated, fastest possible in terms of factors on the side of the provider of the data processing service from which the switching is to take place, duration of the process for the customer to transition from the data processing service,including any operational, technical or organisational steps necessary for both the service provider and the customer to undertake, in order to complete the switching process;
Amendment 510 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 1
Article 24 – paragraph 1 – point a – point 1
(1) assist andance with the switching process that the provider can supply including, where technically feasible, complete the switching process from the provider’s side;
Amendment 515 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2
Article 24 – paragraph 1 – point a – point 2
(2) any risks to continuity in the provision of the respective functions or services from the provider’s side during the switching process and commitment to make every effort on provider’s side to ensure full continuity in the provision of the respective functions or services.
Amendment 526 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c – point i (new)
Article 3 – paragraph 2 – point c – point i (new)
i) The data holder shall provide information on the data structures, data formats, vocabularies, classification schemes, taxonomies and code lists, where available, which shall be described in a publicly available and consistent manner.
Amendment 527 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c – point ii (new)
Article 3 – paragraph 2 – point c – point ii (new)
ii) The technical means to access the data, such as Software Development Kits or application programming interfaces, and their terms of use and quality of service shall be sufficiently described to enable the development of such means of access.
Amendment 531 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) an exhaustive detailed specification of all data and application categories exportable during the switching process, including, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service;
Amendment 542 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the mandatoryprovider of the data processing service becomes aware that the estimated transition period as defined in paragraph 1, points (a) and (c) of this Article is technically unfeasible for the provider, the provider of data processing services shall notify the customer within 714 working days after the switching request has been made, duly motivating the technical unfeasibility with a detailed report justifying and indicating an alternative shortest possible transition period, which may not exceed 6 months. In accordance with paragraph 1 of this Article, full service continuity shall be ensured, where technically feasible, continue throughout the alternative transition period against reduced charges, referred to in Article 25(2). if the delay is due to factors on the side of the provider of a data processing service from which the switching is to take place.
Amendment 549 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. From [date X+3yrs] onwards, providers of data processing services shall not impose any additional charges on the customer for the switching process. unless the process prolongs due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 555 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. Where on-device access is technically supported, the manufacturer shall make this means of access also available to third-party service providers in a non-discriminatory manner.
Amendment 556 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. From [date X]onwards, providers of data processing services shall, before the customer signs up to the service, provide clear information in the terms and conditions of the service, about the costing parameters for mandatory operations that the provider of data processing services must perform in relation to porting and switching.
Amendment 564 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where data cannot be directly accessed by the user from the product, the data holder shall make available to the user the data generated by its use of a product or related service without undue delay, free of charge and, where applicable, continuously and in real-time. This shall be done on the basis of a simple request through electronic means where technically feasible. In case when filing a request via electronic channels is not possible or limited by a disability, the data holder shall enable other forms of request that are appropriate for persons with communication problems.
Amendment 566 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 568 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processing services that are directly linked to the switching process concerned. unless the process prolongs due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 575 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Trade secrets shall only be disclosed provided that all specific necessary measures are taken in advance to preserve the confidentiality of trade secrets in particular with respect to third parties. The data holder and the user can agree measures to preserve the confidentiality of the shared data, in particular in relation to third parties. The right to request the data referred to in paragraph 1 shall not adversely affect the rights and freedoms of others, including the rights protected under Directive (EU) 2016/943.
Amendment 578 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall ensure that the customer, after switching to aprovide capabilities, adequate information, documentation, technical support and, where appropriate, tools, to perform porting and switching allowing for functional equivalence in the use of the new service coveringof the same service type offered by a different provider of data processing services, enjoys functional equivalence in the use of the new service.
Amendment 590 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the service type concerned, the provider of data processing services shall, at the request of the customer, export all data generated or co-generatedand where technically feasible, export all data generated directly by the customer or which is uniquely relate to that customers own usage of the service, including the relevant data formats and data structures, in a structured, commonly used and machine- readable format. for the relevant service type.
Amendment 615 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. The data holder may reject the request for data if access to the data is restricted by Union law or national law.
Amendment 643 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Trade secrets shall only be disclosed to third parties to the extent that they are strictly necessary to fulfil the purpose agreed between the user and the third party and all specific necessary measures agreed between the data holder and the third party are taken by the third party to preserve the confidentiality of the trade secret. In such a case, the nature of the data as trade secrets and the measures for preserving the confidentiality shall be specified in the agreement between the data holder and the third party. The right to request the data referred to in paragraph 1 shall not adversely affect the rights and freedoms of others, including the rights protected under Directive (EU) 2016/943.
Amendment 648 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5 a. All switching, porting and interoperability standards or specifications, as well as implementation of all measures of this regulation, shall ensure compliance with applicable law, in particular Regulation (EU) 2016/679, Directive 2002/58/EC,legislation on cyber security, consumer protection, product safety, trade secrets or intellectual property rights, as well as with the accessibility requirements.
Amendment 651 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point b
Article 31 – paragraph 2 – point b
(b) for specific sectoral data exchange issues related to the implementation of this Regulation, the competence of sectoral authorities shall be respected;. It refers particularly to the official statistics authorities and the activity and decisions of the competent authorities designated according to paragraph 1shall not affect their professional independence.
Amendment 692 #
2022/0047(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Unless otherwise provided by Union law, including Article 6 of this Regulation, or by national legislation implementing Union law, an obligation to make data available to a data recipient shall not oblige the disclosureWhile the obligation to make data available as provided by Union law, including Articles 4(3), 5(8), Article 6 and Article 19(2) of this Regulation, or by national legislation implementing Union law, shall be effective, this Regulation shall not question the protection of trade secrets as such and that the access is only granted under measures that warrant for the protection of trade secrets within the meaning of Directive (EU) 2016/943.
Amendment 706 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, anyAny reasonable compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. These costs include the costs necessary for data reproduction, dissemination via electronic means and storage, but not of data collection or production. Article 8(3) shall apply accordingly.
Amendment 725 #
2022/0047(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The data holder may apply appropriate technical protection measures, including smart contracts, to prevent unauthorised access to the data and to ensure compliance with Articles 5, 6, 9 and 10, as well as with the agreed contractual terms for making data available. Such technical protection measures shall not be used as a means to discriminate or hinder the user’s right to effectively provide data to third parties pursuant to Article 5 or any right of a third party under Union law or national legislation implementing Union law as referred to in Article 8(1).
Amendment 739 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A contractual term, concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise on a micro, small or medium-sized enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC or which has been unilaterally imposed by an enterprise which is the source of the data they hold shall not be binding on the latter enterprise, the data recipient or user, respectively, if it is unfair.
Amendment 794 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2
Article 15 – paragraph 1 – point c – point 2
(2) obtaining the data in line with the procedure laid down in this Chapter would substantively reduce the administrative burden for data holders or other enterprises.; or
Amendment 795 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2 a (new)
Article 15 – paragraph 1 – point c – point 2 a (new)
(2 a) obtaining data is necessary for official statistics purposes;
Amendment 801 #
2022/0047(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. This Chapter shall not affect obligations laid down in Union or national law for the purposes of reporting, complying with information requests or demonstrating or verifying compliance with legal obligations including official statistics purposes.
Amendment 884 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Where compliance with the request to make data available to a public sector body or a Union institution, agency or body requires the disclosure of personal data, the data holder shall take reasonable efforts to pseudonymise the data, insofar as the request can be fulfilled with pseudonymised data.
Amendment 905 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) destroy the data as soon as they are no longer necessary for the stated purpose and inform the data holder that the data have been destroyed. Official statistics authorities are exempted from the latter obligation.
Amendment 945 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Where a public sector body or a Union institution, agency or body transmits or makes data available under paragraph 1, it shall notify the data holder from whom the data was received. The notification should include the identity and the contact details of individuals or organisations receiving the data pursuant to paragraph 1, the purposes of data processing and the period for which the data will be stored.
Amendment 946 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4 a. After receiving a notification based on Article 21(4), the data holder has the right to object to transmitting or making available data that was received from him or her within 10 days.
Amendment 953 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Providers of a data processing service shall take the measures provided for in Articles 24, 25 and 26 to ensure, in terms of factors on their service side, that customers of their service can switch to another data processing service, covering the same service type, which is provided by a different service provider. In particular, providers of data processing service shall remove commercial, technical, contractual and organisational obstacles, which inhibit customers from:
Amendment 958 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 30 calendar days, the contractual agreement of the service, without prejudice to any financial commitments made by the customer regarding the service;
Amendment 962 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. The rights of the customer and the obligations of the provider of a data processing service in relation to switching between providers of such services shall be clearly set out in a written contractand made available to the customer in advance of that customer accepting terms and conditions of the service priori to signing up to the service of the provider. Without prejudice to Directive (EU) 2019/770, that contracte information to be provided to the customer and the terms and conditions of the service shall include at least the following:
Amendment 963 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly byby the customer or which is uniquely relate to theat customers own usage of the service, to an on-premise system, in particular the establishment of a mandatory maximum transition period of 360 calendar days, during which the data processing service provider shall execute and provide clear information concerning:
Amendment 966 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point -1 (new)
Article 24 – paragraph 1 – point a – point -1 (new)
(-1) the estimated, fastest possible in terms of factors on the side of the provider of the data processing service from which the switching is to take place, duration of the process for the customer to transition from the data processing service, including any operational, technical or organisational steps necessary for both the service provider and the customer to undertake, in order to complete the switching process;
Amendment 968 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 1
Article 24 – paragraph 1 – point a – point 1
(1) assist andance with the switching process that the provider can supply including, where technically feasible, completeion of the switching process from the provider’s side;
Amendment 970 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2
Article 24 – paragraph 1 – point a – point 2
(2) any risks to continuity in the provision of the respective functions or services from the provider’s side during the switching process and commitment to make every effort on provider’s side to ensure full continuity in the provision of the respective functions or services.
Amendment 975 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) an exhaustive detailed specification of all data and application categories exportable during the switching process, including, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service;
Amendment 981 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where the mandatoryprovider of the data processing service becomes aware that the estimated transition period as defined in paragraph 1, points (a) and (c) of this Article is technically unfeasible for the provider, the provider of data processing services shall notify the customer within 714 working days after the switching request has been made, duly motivating the technical unfeasibility with a detailed report justifying and indicating an alternative shortest possible transition period, which may not exceed 6 months. In accordance with paragraph 1 of this Article, full service continuity shall be ensured, where technically feasible, continue throughout the alternative transition period against reduced charges, referred to in Article 25(2) if the delay is due to factors on the side of the provider of a data processing service from which the switching is to take place.
Amendment 982 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. From [date X+3yrs] onwards, providers of data processing services shall not impose any additional charges on the customer for the switching process., unless the process prolongs due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 984 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. From [date X] onwards, providers of data processing services shall, before the customer signs up to the service, provide clear information in the terms and conditions of the service, about the costing parameters for mandatory operations that the provider of data processing services must perform in relation to porting and switching.
Amendment 988 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processing services that are directly linked to the switching process concerned. unless the process prolongs due to factors outside of the control of the provider of data processing service. If the switching process prolongs due to factors outside of the control of the provider of data processing service, the provider of data processing service may charge the party responsible;
Amendment 992 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall ensure that the customer, after switching to aprovide capabilities, adequate information, documentation, technical support and, where appropriate, tools, to perform porting and switching, allowing for functional equivalence in the use of the new service coveringof the same service type offered by a different provider of data processing services, enjoys functional equivalence in the use of the new service.
Amendment 998 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the service type concerned, the provider of data processing services shall, at the request of the customer, export all data generated or co-generated and where technically feasible, export all data generated directly by the customer or which is uniquely relate to that customers own usage of the service, including the relevant data formats and data structures, in a structured, commonly used and machine- readable format for the relevant service type.
Amendment 1066 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5 a. All switching, porting and interoperability standards or specifications, as well as implementation of all measures of this regulation, shall ensure compliance with applicable law, in particular Regulation (EU) 2016/679, Directive 2002/58/EC, legislation on cyber security, consumer protection, product safety, trade secrets or intellectual property rights, as well as with the accessibility requirements.
Amendment 1099 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point b
Article 31 – paragraph 2 – point b
(b) for specific sectoral data exchange issues related to the implementation of this Regulation, the competence of sectoral authorities shall be respected; It refers particularly to the official statistics authorities and the activity and decisions of the competent authorities designated according to paragraph 1 shall not affect their professional independence.
Amendment 1151 #
2022/0047(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point b a (new)
Article 41 – paragraph 1 – point b a (new)
(b a) the exclusion of trade secrets in Article 4(3) and Article 5(8);
Amendment 8 #
2021/2237(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
— having regard to the National Regional Development Strategy (SNDR) for2022-2028 adopted by the Government of the Republic of Moldova,
Amendment 9 #
2021/2237(INI)
Motion for a resolution
Citation 21 b (new)
Citation 21 b (new)
— having regard to New Government Action Plan for 2020 – 2023,
Amendment 32 #
2021/2237(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the historic results of the presidential election in 2020 and the parliamentary elections in 2021, whereby the people of the Republic of Moldova gave a strong mandaten overwhelming majority to pro- reform and pro-European forces, which are now fully responsible for the state; furges thether encourages the EU institutions and political leadership of the Republic of Moldova to seize this unique opportunity to work together for the implementation of long-overdue reforms and to advance Moldova's European integration based on commonly shared values of democracy, respect for human rights and fundamental freedoms, and the rule of law;
Amendment 41 #
2021/2237(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. CWelcomes the intensified High Level Political Dialogue with the Moldovan authorities and calls on the Commission to increase its engagement with its Moldovan counterparts and to maximise its political, technical and financial support to the Republic of Moldova during this crucial time in order to give further impetus to progress and to ensure adequate absorption capacity for EU assistance;
Amendment 44 #
2021/2237(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the EU to reach the agreement with the pro-reform Moldovan government and sign a similar kind of State-building Contract like in the case of Ukraine, which will increase the EU staff presence in Moldova and allow the extending to Moldova of the SGUA-type assistance, which is foreseen in the original mandate of the SGUA; recalls that these actions should lead to embracing Moldova’s European choice;
Amendment 47 #
2021/2237(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Notes, in this context, the importance of providing EU assistance of the necessary top-ups of the salaries of civil servants in Moldova's government, working in key areas of European integration reforms;
Amendment 48 #
2021/2237(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
Amendment 49 #
2021/2237(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Proposes to consider, among others, a joint project of the EU and the Republic of Moldova on setting up a higher-education institution that could serve with a proper training for new cohort of human resources for Moldovan public administration and could ensure maximum transparency of the selection and promotion procedure;
Amendment 50 #
2021/2237(INI)
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Invites the EU to provide an investment planning platform for Moldova to implement a large-scale infrastructure connectivity agenda, in particular by increasing Moldova's absorption capacity and providing the necessary technical assistance, as this is done for the Western Balkan countries under the WBIF, which is a capacity assistance platform administered by the European Commission;
Amendment 51 #
2021/2237(INI)
Motion for a resolution
Paragraph 2 f (new)
Paragraph 2 f (new)
2f. Invites the EU to assess the reform progress of Moldova using the same methodology, that is applied to the Western Balkan countries; this entails preparing an annual progress report on the progress achieved by Moldova;
Amendment 52 #
2021/2237(INI)
Motion for a resolution
Paragraph 2 g (new)
Paragraph 2 g (new)
2g. Invites the EU to work on proposing to Moldova, as well as to remaining countries of the Associated Trio, an intermediate EU integration status, which could reflect the status of Norway vis-a-vis the EU, that of membership in the EU Single Market;
Amendment 61 #
2021/2237(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the decisive action by the EU and its Member States as ‘Team Europe’ in mitigating the socio-economic impact of the COVID-19 pandemic through vaccine donations and financial support; stresses that the Economic Recovery Plan for the Republic of Moldova, worth up to EUR 600 million, is a key element in the Republic of Moldova’s recovery, which presents a unique opportunity to accelerate structural reforms, restructure the economy and to prepare it for future challenges; welcomes the first disbursement of a EUR 36.4 million grant for the Republic of Moldova, as part of the Economic Recovery Package, to continue supporting country's fight against COVID-19 and police reform;
Amendment 71 #
2021/2237(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the unprecedented, ambitious reform agenda of the government of Natalia Gavriliţa and the tangible progress already achieved in its implementation, in particular on the fight against corruption, judicial reform, improving the living standards of the most vulnerable population groups and improving the business climate in the country; reiterates that sufficient progress in implementing agreed reforms is a key condition for continued EU financial support and the application of the ‘more for more’ principle;
Amendment 73 #
2021/2237(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the new economic reform program of the Republic of Moldova approved by the International Monetary Fund in December, opening the path for a new Macro-Financial Assistance (MFA) from the European Union; welcomes the European Commission’s proposal for a MFA operation of up to EUR 150 million; calls for an adoption without delay of the new MFA by the European Parliament and Council; calls on the Commission to ensure that technical assistance is available to the Moldovan authorities to adequately implement the agreed reforms in the context of the macro-financial assistance;
Amendment 93 #
2021/2237(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the inadmissibility of the weaponisation of the gas supply in order to put political pressure on the Republic of Moldova to change its geopolitical orientation; urges the Commission to continue providing the Republic of Moldova with the financial and technical support necessary to ensure its resilience against such external interference and increase energy independence; calls on the Moldovan authorities in the long-term perspective to maintain the country’s commitment as a member of the Energy Community to implementing the EU’s Third Energy Package, in particular the unbundling of gas and electricity transmission and distribution;
Amendment 97 #
2021/2237(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges the Commission, in this context, to work closely with EU Members States to upgrade existing and create new infrastructure and rules of gas supply to Moldova and other Eastern Partnership countries; underscores the importance to implement without delay all necessary investments and maintenance of the European energy infrastructure so that EU Member States’ storages facilities and interconnectors enable a proper scale of gas transmission from the EU to partner countries;
Amendment 99 #
2021/2237(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls for the Republic of Moldova and the EU to advance work on the Moldovan sections of the trans-European extended transport network for EaP (TEN-T), to support the railway sector reforms and to explore together with Member States and International Financial Institutions possibilities for upgrading the EU-Republic of Moldova rail connections, while ensuring environmental sustainability; encourages the Republic of Moldova to advance in implementing the relevant acquis; and calls for increased cooperation and the gradually integration of the Republic of Moldova into the EU Transport Market and Transport Community;
Amendment 104 #
2021/2237(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines the important role that free media and professional journalism play in a healthy public life; calls on the Commission to closely monitor the media sector in the Republic of Moldova, support independent media and journalists; make sure that all citizens of the Republic of Moldova have access to reliable source of information about EU policies towards their country;
Amendment 163 #
2021/2237(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Deplores the fact that the investigation into the bank fraud exposed in 2014 has still not yielded significant results in terms of bringing those responsible to justice and recovering lost assets; stresses that this lack of progress has a serious negative effect on the credibility of the justice system in the eyes not only of the people of the Republic of Moldova, but also of the country’s international partners; calls for a strengthened cooperation between EU Member States and Moldovan authorities in investigating the bank fraud, to ensure the timely recovery of stolen assets;
Amendment 168 #
2021/2237(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes the commitment of President Maia Sandu and the government of Natalia Gavriliţa to base their policies with accordance to rulings of the Moldovan Constitutional Court; supports the efforts of the executive institutions of the Republic of Moldova to strengthen independence of judges, judiciary system and all institutions that play a role in the constitutional order of the country;
Amendment 171 #
2021/2237(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Underlines an important role of regional cooperation in modernizing the country, increasing capacities in AA’s implementation efforts; calls for enhancement of regional cooperation, both between different regions of the Republic of Moldova and between Moldovan regions and the EU regions; calls on the Commission and respective EU agencies to facilitate this process in strong cooperation with the Moldovan government;
Amendment 185 #
2021/2237(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Supports the non-governmental sector in the Republic of Moldova and underlines the added-value that different organisations provide on important issues of public interest in the Republic of Moldova;
Amendment 220 #
2021/2237(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses the importance of SMEs and their role in economic development of a country; EU tailor made programmes should be assisting SMEs in the Republic of Moldova, including Transnistrian region and provide support of technical and financial nature;
Amendment 226 #
2021/2237(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Encourages the expansion of the Single Euro Payments Area (SEPA) to the Republic of Moldova once it has met all of the necessary requirements;
Amendment 247 #
2021/2237(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the importance of fighting disinformation, including anti-EU disinformation, fake news and propaganda, in particular through strategic communication; hopes that the reconstituted Television and Radio Broadcasting Council will effectively carry out its tasks as a media watchdog and address the long-standing shortcomings of the media landscape; calls for a better cooperation between all EU institutions, the Member States and Moldovan authorities when communicating the benefits of the AA/DCFTA and of EU assistance to the citizens of the Republic of Moldova;
Amendment 274 #
2021/2237(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls for deepening structural cooperation between members of the European Parliament and members of the Parliament of Moldova, in the upcoming period, on domains that represent priorities both for the European Union and for the Republic of Moldova;
Amendment 276 #
2021/2237(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Stresses good cooperation with the current Moldovan parliament and MPs involved in bilateral and regional parliamentary cooperation with the EU, in particular within the framework of the EuroNest ParliamentaryAssembly and the EU - Moldova Parliamentary Association Committee;
Amendment 80 #
2021/2199(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas NATO has reconfirmed its Open Door Policy;
Amendment 81 #
2021/2199(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas integration of Ukraine to the European Union is as important as integration of Ukraine to NATO;
Amendment 82 #
2021/2199(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
G c. whereas the Commission, the EEAS and EU Member States should be responding to Kremlin`s threats not only with NATO-led hard security instruments, but also with the EU`s soft power of the European integration, which is central to economic and political success, as well as security of Ukraine;
Amendment 89 #
2021/2199(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the Normandy Format and Minsk I & II Agreements have failed to end hostilities between Ukraine and Russian-backed separatists in Donetsk and Luhansk; whereas the conflict in the Donbas region has killed more than 14 000 people; whereas the format of discussions addressing the Russo-Ukrainian conflict excludes the EU; whereas the EU needs to take an active role in conflict resolution if it wants to increase security and stability in the EaP region;
Amendment 266 #
2021/2199(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the decision of the European Council of 2 December 2021 to utilise the European Peace Facility (EPF) in providing Ukraine with a package of EUR 31 million, Georgia with a package of EUR 12.75 million and Moldova with a package of EUR 7 million to assist in strengthening their resilience and defence capabilities, particularly cybersecurity, medical, engineering, mobile and logistics capabilities; encourages further utilisation of the EPF to increase the ability of EaP countries to exchange intelligence via secure communication lines, particularly those EaP countries hosting CSDP missions; underlines that, although these support packages are a welcome start, the EU needs to improve the material and monetary support it provides to EaP countries; stresses that capability development should also focus on capacity building to counter disinformation campaigns in the EaP region with a view to improving each EaP countries’ resilience; underlines that the EU needs to develop an integrated approach in order to be able to assist EaP countries in confronting the mutual interconnected threat landscape;
Amendment 335 #
2021/2199(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers the Three Seas Initiative (3SI) as a best practice for using investment that promotes mutual security and stability in critical infrastructure and believes that it should be opened to include EaP countries; underlines that the 3SI should work closely with the EU to avoid a duplication of efforts and initiatives and conflicting approaches; supports the idea that the EU should take leadership of the 3SI;
Amendment 382 #
2021/2199(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
Amendment 384 #
2021/2199(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Invites the EU institutions to provide a more ambitious integration agenda for Ukraine, as well as for the Association Trio, which could include the practical steps to the first intermediate stage of Ukraine`s accelerated full integration into the EU`s Single Market;
Amendment 390 #
2021/2199(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls on Member States to increase the EPF’s budget, for the EU to be able to strengthen the EaP countries’ resilience and defence capabilities, such as countering hybrid threats;
Amendment 43 #
2021/2180(INI)
Motion for a resolution
Citation 34 b (new)
Citation 34 b (new)
— having regard to its resolution of 20 October 2021 entitled ‘Europe’s Media in the Digital Decade: an Action Plan to Support Recovery and Transformation,
Amendment 77 #
2021/2180(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the Citizens, Equality, Rights, and Values Programme allows bypassing the governments and enables to support EU citizens directly.
Amendment 91 #
2021/2180(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the EU needs to continue supporting journalism in the fast- changing digital environment; whereas editorially independent public service media are essential and irreplaceable in providing high-quality and impartial information services to the general public and must be protected from malign capture and strengthened as a fundamental pillar of the rule of law and the fight against disinformation;
Amendment 99 #
2021/2180(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas quality, sustainably and transparently financed, and independent news media and professional journalism are essential for media freedom and pluralism and the rule of law, and are therefore a pillar of democracy and the best antidote to disinformation;
Amendment 103 #
2021/2180(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas journalists and media outlets continue to be targeted through intimidation, threats on social media and physical attacks; whereas the spread of disinformation polarises society and weakens our democracy;
Amendment 106 #
2021/2180(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas the media, both traditional and digital, are cornerstone of democratic societies and a guarantee against abuse of power; whereas the loss of media freedom weakens our democracies;
Amendment 201 #
2021/2180(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that the 2021 report could have provided clearer assessments, stating whether there were deficiencies, a risk of a serious breach or an actual breach of Article 2 TEU values in each of the pillars analysed in the country chapters; calls for a more integrated analysis on the interlinkages between the four pillars and of how combined deficiencies may amount to breaches or risks of a breach; calls specifically for an assessment of the improper use of surveillance tools and its impact on democratic processes within the EU as well as potential breaches of Article 2 TEU values in this context;
Amendment 204 #
2021/2180(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recommends that the Commission includes in the framework of the annual report a new pillar assessing potential threats to democratic processes in the EU, such as the abuse of surveillance technologies by government officials for political gain;
Amendment 293 #
2021/2180(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to invite the EU Agency for Fundamental Rights (FRA) to provide methodological advice and conduct comparative research to add detail in key areas of the annual report, bearing in mind that the right to a fair trial, freedom of expression and other fundamental rights have intrinsic links with the rule of law; calls on the European Court of Auditors to further work on their assessments of the effectiveness of EU measures to support the rule of law; recalls that strengthening the rule of law is also linked to the fight against corruption and a key condition for economic growth;
Amendment 297 #
2021/2180(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses the importance of pluralistic, high-quality media, independent journalists, fact-checkers and researchers, and a strong public service media for lively and free democratic debate;
Amendment 298 #
2021/2180(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
Amendment 362 #
2021/2180(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Commission to present a legislative proposal, which allows bypassing the governments, for which measures for the protection of the Union budget have been adopted in accordance with the procedure set out in the Article 6 of the Regulation 2020/2092 on a general regime of conditionality for the protection of the Union budget, in order to ensure that end beneficiaries receive their allocations without the involvement of the governments facing severe allegations concerning breaches of the rule of law.
Amendment 4 #
2021/2166(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— having regard to the Commission communication of 24 March 2021 on the EU strategy on the rights of the child (COM(2021)0142),
Amendment 31 #
2021/2166(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the Commission commited itself to step up the efforts to promote and improve the inclusive and systemic participation of children in decision-making process at EU level, notably through child-specific consultation for relevant future initiatives;
Amendment 82 #
2021/2166(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the mainstreaming of children’s rights in EU legislation through providing for child rights impact assessment of the legislative proposals; calls in this regard for the introduction of a children’s rights test in the framework of impact assessments and for the launch of more public consultations addressed to children and adolescenttoolbox, that could consist of consultation of stakeholders, including child participation mechanism, identification of affected areas, measurement of the impact on children and assessment of alternative mechanisms;
Amendment 85 #
2021/2166(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 6 #
2021/2103(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes with deep concern the overall shrinking of space for civil society in the EUsome Members States, which represents a serious threat to democracy and fundamental rights and has worsened during the COVID-19 crisis;
Amendment 9 #
2021/2103(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Deplores the fact that during the COVID-19 crisis some governments used and continue to use emergency measures as an opportunity to limit freedoms of speech, assembly and association, as well as introduce laws unrelated to the pandemic that diminish the role of civil society;
Amendment 17 #
2021/2103(INI)
Motion for a resolution
Citation 33 a (new)
Citation 33 a (new)
— having regard to the Commission Guidance of 23 September 2020 on the implementation of EU rules on definition and prevention of the facilitation of unauthorised entry, transit and residence9a, _________________ 9a https://ec.europa.eu/info/sites/default/files /commission-guidance-implementation- facilitation-unauthorised-entry_en.pdf
Amendment 19 #
2021/2103(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that the main responsibility for this regressto establish and maintain a favourable environment for civil society and public participation lies with Member States;
Amendment 23 #
2021/2103(INI)
Motion for a resolution
Recital C
Recital C
C. whereas civic space refers to the legal and political framework in which people and groups can meaningfully participate in the political, economic, social and cultural life of their societies, exercising the right to express views, the right to information, assemble, associate and engage in dialogue with one another and with authorities;
Amendment 38 #
2021/2103(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. Whereas the right to information is a precondition for an informed public debate and for holding authorities and public institutions accountable; whereas in some Member States access to public information is being restricted;
Amendment 50 #
2021/2103(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas during the crisis of the pandemic in particular, some Member States implemented and continue to use emergency measures as an opportunity to limit freedoms of speech, assembly and association and, introduce laws unrelated to the pandemic that diminish the role of civil society;
Amendment 55 #
2021/2103(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Strongly condemns, in particular, the adoption by Hungarian and Polish authoriticertain Members States of acts that restrict the access of non- governmental organisations to funding and that target LGBTIQ+ persons anda wide range of civil society activisties;
Amendment 63 #
2021/2103(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Deplores the insufficient efforts of some Member States to facilitate and guarantee access to stable long-term funding for civil society actors;
Amendment 78 #
2021/2103(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Condemns the severe restrictions imposed by some Member States on the right to protest,freedom of speech, freedom of assembly and association the disproportionate use of violence by public authorities, and the arbitrary arrests of protesters;
Amendment 82 #
2021/2103(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
O a. Whereas the Union has embarked on a process of a thorough societal and economic reform which will deeply affect lives of Union citizens, in particular in the context of the European Green Deal and digital transformation; whereas this process will require a healthy civic space to allow citizens and affected communities to articulate their interests, debate policy solutions, and reach new social contracts;
Amendment 86 #
2021/2103(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines that civil society actors in some Member States are increasingly subjected to thargeted violence, whether by police forces or private partiesassment, threats, smear campaigns, acts of intimidation and violence;
Amendment 90 #
2021/2103(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Asserts the crucial role played by CSOs in the realisation of EU values and fundamental rights, and the implementation of EU policies and strategies; stresses their key contribution to informed public debate, articulating aspirations present in society, giving a voice to vulnerable and marginalised people, providing expertise in policy-making, holding authorities and public institutions accountable, monitoring use of public funds, promoting active citizenship and acting as schools of democracy;
Amendment 98 #
2021/2103(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Condemns the increasing criminalisation and judicial harassment of civil society actors; is concerned about the growing use of strategic lawsuits against public participation (SLAPPs) by powerful public and private actors, and strongly recommends the adoption of an anti- SLAPPs directive protecting all parties legitimately engagas a way to silence and intimidate independent media and journalists and civil society; urgently calls the Commission to present proposals for binding Union legislation on common and effective safeguards for victims of SLAPPs across the Union, including through a directive establishing min public participationimum standards for protection against SLAPPs;
Amendment 99 #
2021/2103(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that for civil society organisations to thrive, civic space must be an enabling and safe environment free from undue interference, intimidation, harassment and chilling effects and that the responsibility to maintain a favourable environment for civil society lies with Member States;
Amendment 116 #
2021/2103(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recognises that the strategic goals of the Union, such as combating the climate change, digital transformation and recovery from the COVID-19 pandemic, will be impossible to achieve without a healthy civic space and the contribution of CSOs, which work towards these goals among European societies while ensuring that interests and rights of stakeholders and affected communities are respected;
Amendment 118 #
2021/2103(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses the adoption of the Citizenship, Equality, Rights and Values Programme with a budget of 1.55 bn EUR as a meaningful response to the challenges faced by the civil society in the EU;
Amendment 118 #
2021/2103(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s acknowledgement of the importance of civil society in a number of EU policies and strategies including through the 1.55 billion EUR that has been allocated under the Citizenship, Equality, Rights and Values Programme; stresses, however, that the fragmented nature of this approach results in little effective improvement of the situation of CSOs on the ground;
Amendment 125 #
2021/2103(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission, therefore, to adopt a comprehensive civil society strategy that integrates all existing tools, fills monitoring, support and protection gaps, and gives genuine political recognition to the crucial role played by CSOs in the realisation of EU values and policies; considers that the strategy should outline a set of concrete measures that will ensure consistent access of CSOs to policy debates and legislative process on Union level, as well as to monitoring of implementation of Union policies and the Union budget;
Amendment 127 #
2021/2103(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission, therefore, to adopt a comprehensive civil society strategy that integrates all existing tools, fills monitoring, support and protection gaps, and gives genuine political recognition to the crucial role played by CSOs in the realisation of EU values and policies; calls, for the Commission to explore initiatives to strengthen the support networks available to CSOs, particularly in contexts where it is under threat;
Amendment 129 #
2021/2103(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Supports the creation of a comprehensive European strategy on civil society, acknowledging its vital role in promotion and application of European values that could include an EU alert mechanism for attacks on civil society;
Amendment 138 #
2021/2103(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Denounces the extreme inequality in access to information and decision- makers between industry representatives on the one hand, andUnderlines that access to information of public interest should be ensured for all civil society actors on the other, including withinby the EU institutions;
Amendment 146 #
2021/2103(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the contribution of CSOs to the singleternal market and the social economy, as well as their role in the realisation of EU values and policies, is a strong argument for removing the barriers to their operations at EU level; calls on the Commission, therefore, to propose legislation to approximate Member State laws in this regardadequately respond with legislative measures in order to reach this objective;
Amendment 152 #
2021/2103(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Deplores the growing concentration of media ownership at the expense of plurality,Calls on the Member States to ensure and maintain the independence of media from political and economic pressure, and to guarantee media pluralism and ensure transparency of media ownership; recalls that independencet and fair public representation of the ideasresponsible journalism as well as access to pluralistic information are key pillars of democracy and the actions ofand inputs by civil society are vital forg anisations.y democracy to thrive;
Amendment 153 #
2021/2103(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to include a systematic civic space check in its impact assessments providing clearer criteria for what constitutes an enabling space for civil society in order to prevent planned legislation from having negative effects on civic space;
Amendment 157 #
2021/2103(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recalls that independent and high quality journalism and civil society organisations play a crucial role as guardians of democracy and the rule of law by holding power to account and fighting disinformation and misinformation, as well as foreign political interference and manipulation;
Amendment 162 #
2021/2103(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to limit peaceful assemblies only if strictly necessary in accordance with applicable law and in a proportionate way; condemns any unnecessary use of force against protesters, as well as their criminalisation and surveillance; calls on the Commission to issue guidelines for the protection of freedom of peaceful assembly;
Amendment 174 #
2021/2103(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Condemns that CSO representatives in some Member States face physical and verbal attacks, harassment and intimidation both in online and offline forms as a direct result of their work; further regrets that the mental health effects faced by these representatives can include burnout, depression, 'helping induced trauma' and ‘compassion fatigue’ and that the psychological impacts that their work can have on CSO representatives are under- researched12a; _________________ 12a https://fra.europa.eu/sites/default/files/fra _uploads/fra-2018-challenges-facing- civil-society_en.pdf
Amendment 183 #
2021/2103(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the setting up of an EU alert mechanism allowing CSOs and human rights defenders to register attacks and seek supportNotes that the Union currently lacks efficient procedures to provide an adequate response when CSOs report that democratic standards and civic space in Member States are under threat; supports the creation of a comprehensive European strategy on civil society, acknowledging its vital role in promotion and application of European values that could include an EU alert mechanism for attacks on civil society;
Amendment 195 #
2021/2103(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to propose a comprehensive set of measures and recommendations to ensure adequate and enabling long-term financing for CSOs; stresses the importance of securing complementary sources of funding, from both local and national sources, as this will enable these organisations to be resilient against any potential government restrictions on external funding; emphasises that public funding should cover all types of civil society activities which promote and protect the values of our Union;
Amendment 214 #
2021/2103(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the adoption with an increased budget of the Citizens, Equality, Rights and Values Programme with an increased budget of 1,55 billion EUR for the 2021 - 2027 period, as a meaningful response to the challenges faced by the civil society in the EU and a first step towards creating a more systemic framework of assistance for Union’s CSOs; calls on the Commission to actively consult CSOs in the definition of work programmes and funding mechanisms so as to ensure transparency, flexibility and user- friendliness; welcomes re-granting mechanisms in the Union Values strand;
Amendment 222 #
2021/2103(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Considers that openness and transparency are key to establish CSOs’ accountability and public trust as long as they serve the purpose to ensure legitimate public scrutiny and that reporting requirements remain necessary and proportionate; condemns any abuse of transparency measures to stigmatize particular civil society organisations;
Amendment 233 #
2021/2103(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the Commission to ensure that EU funds allocated to CSOs are only awarded to organisations that are strictly independent from any government and fully adhere to EU values;
Amendment 10 #
Amendment 71 #
2021/2060(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that such guidelines or similar non-legislative tool must clearly state that a child involved in civil, administrative or family law proceedings should be informed at anevery stage of the processdure and that the decision given by the authority should be explained to the child in a manner befitting of their age and maturity by a specially trained professional;
Amendment 107 #
2021/2060(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission to provide a guide to good practice on the recast of Brussels IIa Regulation;
Amendment 108 #
2021/2060(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls on the Member States to ensure that financial costs of proceedings and additional costs inherent to cross- border cases are not a barrier to accessing justice in cross-border civil, administrative and family cases involving children; calls on the Member States to make the information on the possible legal aid in such cases available and accessible;
Amendment 114 #
2021/2060(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to continue to expand the research and collection of data on the child-friendly justice and best practices in the field in Member States under the EU Justice Scoreboard;
Amendment 116 #
2021/2060(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls on the Commission and the Member States to collect data on the cross-border civil disputes involving children like custody, access and parental child abduction cases; calls on the Commission to include those data into the EU Justice Scoreboard;
Amendment 124 #
2021/2060(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Underlines that mediation can be an effective tool used to protect the best interest of the child in cases of cross- border parental child abductions; points out in this regard to the existing good practices and the use of “Mediators in Court Model” in some Member States for resolving cross-border family disputes in amicable, out-of-court way;
Amendment 10 #
2021/2055(INI)
Motion for a resolution
Citation 29 a (new)
Citation 29 a (new)
— having regard to its resolutions of 18 April 2019, 19 December 2019 and 17 December 2020 on the situation of religious and ethnic minorities in China,
Amendment 14 #
2021/2055(INI)
Motion for a resolution
Citation 30 a (new)
Citation 30 a (new)
— having regard to its resolutions of 28 November 2019 and 26 November 2020 on the deteriorating situation of human rights in Algeria,
Amendment 16 #
2021/2055(INI)
Motion for a resolution
Citation 31 a (new)
Citation 31 a (new)
— having regard to its resolution of 16 January 2020 on Nigeria, notably the recent terrorist attacks,
Amendment 23 #
2021/2055(INI)
Motion for a resolution
Citation 32 a (new)
Citation 32 a (new)
— having regard to its report of 16 April 2021 on EU-India relations,
Amendment 47 #
2021/2055(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas not only believers, but also those who support or defend them, such as lawyers, can become targets following social uprising; whereas even the outcome of judicial procedures is no guarantee for safety for believers and those who support or defend them;
Amendment 75 #
2021/2055(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the Commission appointed on 4 May 2021, Mr Christos Stylianides as Special Envoy for the promotion of freedom of religion or belief (FoRB) outside the EU;
Amendment 113 #
2021/2055(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that among believers’ groups, Christians are estimated to constitute the majority of people facing persecution for their faith; underlines that globally around 340 million Christians experience high levels of persecution and discrimination, with over 4 500 Christians killed for their faith, 4 500 churches and other Christian buildings attacked, and over 4 200 believers detained without trial, arrested, sentenced or imprisoned in 2020 alone; is alarmed about the increase in the overall level of discrimination,stresses that these are minimum figures since many incidents go unreported; is alarmed about the increase in the overall level of persecution and discrimination, which increased by 19% between 2019 and 2020; and especially about the sharp 60% increase in the number of faith-related killings compared to 2019;
Amendment 144 #
2021/2055(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes with particular concern that persecution of Christians is widespread in the Middle East, at times amounting to genocide, and has prompted an exodus of Christians from the region over the past two decades, resulting in approximately 15 million Christians making up 4 % of the population in the Middle East and North Africa, down from 20 % a century ago; is alarmed by the situation in Iraq, where there were 1.5 million Christians before 2003, a number now reduced by 87% within one generation to approximately 175,000;
Amendment 194 #
2021/2055(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Is alarmed that religious nationalism in countries such as India, Turkey, Bhutan, Malaysia, Laos, Myanmar and Nepal leads to stigmatization of Christians as allies of the West and that 2 out of 5 Christians in Asia experience persecution or discrimination for their faith; draws attention to the worsening situations in China and India in particular;
Amendment 246 #
2021/2055(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Particularly underlines the alarming situation in Nigeria, where 3530 Christians were killed in 2020;
Amendment 287 #
2021/2055(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Condemns the use by authoritarian regimes of legislation on security, sedition and the fight against terrorism and extremism as an instrument to persecute persons belonging to religious minorities, to outlaw the practise or expression of their religion and gatherings of believers, and to deter the registration of religious associations or finding pretexts for closing churches such as in China and Algeria; calls on the Commission and European External Action Service (EEAS) to monitor carefully the implementation of such legislation, and to consistently raise this issue in bilateral dialogues with the governments concerned; urges EU Member States to reject any request by foreign authorities for judicial and police cooperation in individual judicial cases if they are based on such legislation;
Amendment 300 #
2021/2055(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Deplores the fact that more than 70 countries in the world enforce criminal laws or seek to introduce new legislation which provide for punishments for blasphemy, apostasy and conversion, including the death sentence; notes that laws already in place are used disproportionately against people belonging to religious minorities, and are thus seen, with good reason, as an instrument of oppression; calls for the EU to intensify its political dialogue with all countries concerned with a view to repeal those laws; underlines that converts leaving a majority faith often experience the most severe violations including imprisonment, forced divorce, abduction, physical violence and murder;
Amendment 337 #
2021/2055(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Calls on the Commission to especially review the eligibility of third countries under the generalized scheme of preferences in this regard; advocates a system that gradually grants preferences to a country based on its compliance to human rights commitments, in order to better be able to provide incentives and sanctions;
Amendment 346 #
2021/2055(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Calls on the Council, the Commission and EU Member States to start the procedure to declare and officially designate the 24th of June as the annual European Day on Freedom of Religion or Belief, in order to show true commitment to promoting and protecting Freedom of Religion or Belief, in commemorating the victims of acts of violence based on religion or belief; believes that the 24th of June would be appropriate for such an EU-day, as this date marks the anniversary of the EU Guidelines on the promotion and protection of freedom of religion or belief in 2013;
Amendment 1 #
2021/2023(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
— having regard to the EU Guidelines on the protection and promotion of freedom of religion or belief, adopted by the Foreign Affairs Council on 24 June 2013,
Amendment 57 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point e a (new)
Paragraph 1 – point e a (new)
e a) promote contacts and cooperation at state-level, recognizing that key policies are introduced and implemented at state rather than national level when appropriate under India’s federal structure;
Amendment 109 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point m
Paragraph 1 – point m
m) promote joint action in coordinating development and humanitarian aid, as well as in strengthening democratic processes and countering authoritarian trends in Asia and beyond; work with India to ensure that there is no discrimination in aid on the basis of religion or anything else;
Amendment 142 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point p
Paragraph 1 – point p
p) recognise India’s commitment to the Women, Peace and Security (WPS) agenda through its contribution to peacekeeping missions; strengthen their mutual commitment to the implementation of UN Security Council Resolution 1325, including the development of National Action Plans with appropriate budgetary allocations for effective implementation; recognize the double vulnerability of women from religious minority backgrounds, which becomes further compounded in the case of lower caste minority women;
Amendment 167 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point s a (new)
Paragraph 1 – point s a (new)
s a) encourage India to abide by Article 25 of its Constitution, which enshrines the right to freely practice and propagate the religion of one’s choice; recognize that Muslims, Christians and other religious minorities are equal in dignity and rights before the law;
Amendment 173 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point s b (new)
Paragraph 1 – point s b (new)
s b) work to eliminate and deter hate speech that incites discrimination or violence, which leads to a toxic environment where intolerance and violence against religious minorities can occur with impunity;
Amendment 175 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point s c (new)
Paragraph 1 – point s c (new)
Amendment 176 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point s d (new)
Paragraph 1 – point s d (new)
s d) provide training to the Indian police force on tolerance and international human rights standards, including the right to the peaceful exercise of Freedom or Religion or Belief;
Amendment 178 #
2021/2023(INI)
Motion for a resolution
Paragraph 1 – point t
Paragraph 1 – point t
t) address the human rights situation and challenges faced by civil society in its dialogue with the Indian authorities, including at summit level; encourage India, as the world’s largest democracy, to demonstrate its commitment to respecting and protecting the freedom of expression, peaceful assembly, and association, and freedom of religion or belief to end attacks against - and to release arbitrarily detained - human rights defenders, members of religious minorities and journalists, including in the Indian- administered part of Kashmir, to repeal laws that may be used to silence dissent, including sections 153-A and 295-A of the Indian Penal Code, and to ensure accountability for human rights violations;
Amendment 191 #
2021/0214(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Contracting Parties to the Treaty establishing the Energy Community45 or Parties to Association Agreements including Deep and Comprehensive Free Trade Areas are committed to decarbonisation processes that should eventually result in the adoption of carbon pricing mechanisms similar or equivalent to the EU ETS or in their participation in the EU ETS similar to the EU ETS should benefit from CBAM exemption with regard to the goods originating in those countries provided that certain conditions are satisfied. Those third countries should develop a roadmap and commit to implement an effective system of monitoring, reporting and verification of greenhouse gas emissions, a carbon pricing mechanism similar to the EU ETS, and should commit to achieving carbon neutrality. That exemption should be withdrawn if there are reasons to believe that the country in question does not fulfil its commitments. The Union is committed to providing those third countries with financial support for the adoption of carbon pricing mechanisms similar to the EU ETS, the deployment of decarbonization technologies, and the implementation of other measures aimed at achieving climate neutrality. _________________ 45 Council Decision 2006/500/EC of 29 May 2006 on the conclusion by the European Community of the Energy Community Treaty (OJ L 198, 20.7.2006, p. 15).
Amendment 251 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11
Article 2 – paragraph 11
11. The CommissiIf a third country is committed to decarbon is empowered to adopt delegated acts in accordance with Article 28 to amend the lists in Annex II, Sections A or B, depending on whether the conditions in paragraphs 5, 7 or 9ation processes that should result in the adoption of emission trading system similar to the EU ETS, the importation of goods originating in that country shall be exempt from the application of the CBAM, provided all of the following conditions are satisfied.:
Amendment 253 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11 – subparagraph 1 (new)
Article 2 – paragraph 11 – subparagraph 1 (new)
the third country is a party to the Treaty establishing the Energy Community and/or a party to Association Agreement, including a Deep and Comprehensive Free Trade Area with the Union;
Amendment 254 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11 – point 1 (new)
Article 2 – paragraph 11 – point 1 (new)
(1) the third country has submitted a roadmap to the Commission, containing a timetable for the adoption of measures to implement the conditions set out in points (d), (e), and (f);
Amendment 255 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11 – point 2 (new)
Article 2 – paragraph 11 – point 2 (new)
(2) the third country is committed to adopt an emission trading system similar to the EU ETS;
Amendment 256 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11 – point 3 (new)
Article 2 – paragraph 11 – point 3 (new)
(3) the third country has committed to climate neutrality and has accordingly formally formulated and communicated, where applicable, to the United Nations Framework Convention on Climate Change a long-term low greenhouse gas emissions development strategy aligned with that objective, and has implemented that obligation in its domestic legislation;
Amendment 257 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11 – point 4 (new)
Article 2 – paragraph 11 – point 4 (new)
(4) the third country has, when implementing the roadmap pursuant to point (c), demonstrated substantial progress towards the alignment of domestic legislation with Union law in the field of climate action on the basis of that roadmap. The implementation of an emission trading system by 1 January 2030 is conditional upon third country’s receipt of the financial, institutional, and expert support from the Union.
Amendment 258 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11 a (new)
Article 2 – paragraph 11 a (new)
11 a. the third country has put in place an effectivesystem of monitoring, reporting and verification of greenhouse gas emissions;
Amendment 259 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 12
Article 2 – paragraph 12
12. The Union, may conclude agreements with third countries with a view to take account of carbon pricing mechanisms in these countries in the application of Article 9A third country satisfying the conditions set out in paragraph 11, points (a) to (f), shall be listed in Annex II, Section C, of this Regulation, and shall submit two reports on the fulfilment of the conditions pursuant to paragraph 7, points (a) to (f), one before 1 July 2025 and another before 1 July 2029. By 31 December 2025 and by 31 December 2029, the Commission shall assess, notably on the basis of the roadmap pursuant to paragraph 11, point (c), and the reports received from the third country, whether that third country continues to respect the conditions set out in paragraph 11.
Amendment 263 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 12 a (new)
Article 2 – paragraph 12 a (new)
12 a. A third country listed in Annex II, Section C of this Regulation, shall be removed from that list if the Commission has reasons to consider that the country has not shown sufficient progress to comply with one of the requirements listed in paragraph 11, points (a) to (f), or if the country has taken action incompatible with the objectives set out in the Union climate and environmental legislation.
Amendment 265 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 12 b (new)
Article 2 – paragraph 12 b (new)
12 b. The Commission can adopt delegated acts in accordance with Article 28 to amend the lists in Annex II, Sections A, B or C, depending on whether the conditions in paragraphs 5, 7, 9, 11 or 13 are satisfied.
Amendment 267 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 12 c (new)
Article 2 – paragraph 12 c (new)
Amendment 455 #
2021/0214(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 2(10), 2(114), 18(3) and 27(5) shall be conferred on the Commission for an indeterminate period of time.
Amendment 457 #
2021/0214(COD)
3. The delegation of power referred to in Articles 2(10), 2(114), 18(3) and 27(5) may be revoked at any time by the European Parliament or by the Council.
Amendment 460 #
2021/0214(COD)
Proposal for a regulation
Article 28 – paragraph 7
Article 28 – paragraph 7
7. A delegated act adopted pursuant to Articles 2(10), 2(114), 18(3) and 27(5) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to 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 535 #
2021/0214(COD)
Proposal for a regulation
Annex II – Part 2 a (new)
Annex II – Part 2 a (new)
2a Section C - Countries outside the scope of this Regulation who are committed to decarbonisation processes that should result in the adoption of emission trading system similar to the EU ETS. [Currently empty]
Amendment 30 #
2021/0200(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The European Green Deal31 combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the Union by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. At the same time, this transition affects women and men differently and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities, persons suffering from energy or transport poverty, vulnerable micro, small and medium entrepreneurs and persons with a minority racial or ethnic background. The transition affects differently also Member States. It must therefore be ensured that the transition is just and inclusive, leaving no one behind. __________________ 31 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019.
Amendment 47 #
2021/0200(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to achieve the target of reducing greenhouse gas emissions by 55%, Member States for the sectors covered by Regulation (EU) 2018/842 will need to reduce their emissions progressively until they reach- collectively the EU-wide reduction target -40% in 2030, compared to 2005 levels.
Amendment 50 #
2021/0200(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) With a view to ensuring cost- effective and fair reduction of greenhouse gas emissions from the maritime transport, road transport and buildings sectors, Member States should have the flexibility to balance their reductions achieved in those sectors under the Regulation (EU)2018/842 and under the Directive 2003/87/EC, once it applies to those sectors. Where Member States for a given year have reduced their emissions in those sectors more than proportionate under the Regulation (EU) 2018/842, it is fair that they may provide a recompense to those sectors. It should thus be possible for Member States in such cases to grant a limited amount of free allocation of Directive 2003/87/EC allowances in exchange in those sectors while ensuring that respective cost advantages are passed on to citizens and businesses. The Commission therefore should set out sectoral annual emission benchmarks for the maritime transport, road transport and buildings sectors against which Member States’ reviewed greenhouse gas emissions from those sectors may be assessed. Such sectoral annual emission benchmark should not be understood as minimum sectoral target but rather as a threshold for allowing for flexibility with Directive 2003/87/EC.
Amendment 51 #
2021/0200(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 57 #
2021/0200(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 75 #
2021/0200(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) Some Member States will face major challenges in meeting the Regulation’s targets. It is therefore important to ensure flexibility, anticipation and transferability. The introduction of minimum contributions by sector would not only place the targets at risk but also prevent them from being achieved.
Amendment 78 #
2021/0200(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) As Covid-19 changed the economic environment in the EU, including high level of debts, changes in supply chains and soaring energy prices, those changes will have a long-term effect and the legacy of the crisis will weigh on the Member States; the transition towards climate-neutral Europe might provide significant challenges for Member States. All Member States shall contribute to the transition and shall seek to meet their respective targets inline with this Regulation, however not meeting those targets shall imply only a corrective procedure stated in Article 8 which shall not include financial sanctions.
Amendment 91 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) do not exceed, in the years 2023, 2024 and 2025 to 2030, the limit defined by a linear trajectory starting in 2022 at the annual emission allocation for that Member State, as set out pursuant to paragraph 3 of this Article for that year, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation;
Amendment 93 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
Amendment 98 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
For the years 2023, 2024 and 2025 to 2030, it shall determine the annual emission allocations based on the value for the 2005 greenhouse gas emissions of each Member State indicatlinear trajectory starting in2022 at the annual emission allocation of that Member State forthat year, as determined pursuant to the second subparagraph, and the reviewed values of the national inventory data for the years 2016, 2017 and 2018 referred to in the second subparagraphending in 2030 at the limit for that Member State set out in column 2 of Annex I to this Regulation .
Amendment 100 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 3 – subparagraph 4
Article 4 – paragraph 3 – subparagraph 4
Amendment 103 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 3 – subparagraph 4 a (new)
Article 4 – paragraph 3 – subparagraph 4 a (new)
Amendment 115 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) 2018/842
Article 5 – paragraph 4
Article 5 – paragraph 4
(3a) In Article 5, paragraph 4 is replaced by the following: “4. A Member State may transfer up to 5 % of its annual emission allocation for a given year to other Member States in respect of the years 2021 to 2025, and up to 10 % in respect of the years 2026 to 2030. The receiving Member State may use that quantity for compliance under Article 9 for the given year or for subsequent years until 2030. Member States shall inform the Commission of any actions taken pursuant to this paragraph, and the transfer price per tonne of CO2 equivalent. Or. en (Regulation (EU) 2018/842)
Amendment 116 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
Regulation (EU) 2018/842
Article 5 – paragraph 7a (new)
Article 5 – paragraph 7a (new)
(3b) in Article 5, the following paragraph 7a is inserted: “7a. A Member State whose reviewed greenhouse gas emissions from the sectors of maritime transport, road transport and buildings covered by Directive 2003/87/EC for a given year in the period 2026 to 2030 are below its sectoral annual emission benchmark for that year, may grant free allocation of ETS allowances to regulated entities under Chapter IV a of Directive 2003/87/EC in the 24 months following that year. The amount of free allocation shall be limited to the difference between the sectoral annual emission benchmark and the reviewed greenhouse gas emissions from the sectors concerned. The Member State concerned shall notify the Commission of the amount of free allocation it intends to use. That amount shall be cancelled from the Member State’s annual emission allocation.”
Amendment 127 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) 2018/842
Article 8 – paragraph 1 – point -a (new)
Article 8 – paragraph 1 – point -a (new)
(5 a) In Article 8, the following point (-a) is inserted: “(-a) an in-depth analysis of the situation in the Member State including a socio- economic situation in order to assess the realistic possibility of the Member State to reduce its emissions.”
Amendment 129 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 c (new)
Article 1 – paragraph 1 – point 5 c (new)
Regulation (EU) 2018/842
Article 8 – paragraph 3
Article 8 – paragraph 3
(5 c) In Article 8, paragraph 3 is amended as follows: “3. The Commission mayshall issue an opinion regarding the robustness of the corrective action plans submitted in accordance with paragraph 1 and shall in that case do so within four months of receipt of those plans. The Member State concerned shall take utmostfull account of the Commission’s opinion and mayshall revise its corrective action plan accordingly. If the Member State concerned does not address a recommendation or a substantial part thereof, it shall provide its reasoning. Or. en (Regulation (EU) 2018/842)
Amendment 130 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 d (new)
Article 1 – paragraph 1 – point 5 d (new)
Regulation (EU) 2018/842
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
(5 d) In Article 8, the following paragraph is added: “3a. The corrective actions shall not imply any form of financial sanctions.”
Amendment 62 #
2021/0114(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission should take into account the positive effects of the foreign subsidy on the development of the relevant subsidised economic activity. The Commission should weigh these positive effects against the proven negative effects of a foreign subsidy in terms of distortion on the internal market in order to determine, if applicable, the appropriate redressive measure or accept commitments. The balancing may also lead to the conclusion that no redressive measures should be imposed. Categories of foreign subsidies that are deemed most likely to distort the internal market are less likely to have more positive than negative effects.
Amendment 66 #
2021/0114(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Furthermore, where necessary to restore competition in the internal market immediately and to prevent irreparable harm, the Commission should have the power to adopt temporary interim measures.
Amendment 67 #
2021/0114(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In all cases where, as a result of the preliminary review, the Commission has sufficient indications of the existence of a foreign subsidy distorting the internal market, the Commission should have the power to launch an in-depth investigation to gather additional relevant information to assess the foreign subsidy, and to. It should inform the undertaking and Member States concerned about this fact and allow the interested parties to exercise their rights of defence.
Amendment 73 #
2021/0114(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Below the notification thresholds, the Commission cshould require the notification of potentially subsidised concentrations that were not yet implemented or the notification of potentially subsidised bids prior to the award of a public contract, if it considers that the concentration or the bid would merit ex-ante review given their impact in the Union. The Commission should also have the possibility to carry out a review on its own initiative of already implemented concentrations or awarded public contracts.
Amendment 86 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a – point ii
Article 2 – paragraph 2 – point a – point ii
(ii) the foregoing of revenue that is otherwise due; or
Amendment 88 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a – point ii a (new)
Article 2 – paragraph 2 – point a – point ii a (new)
(ii a) inadequately remunerated special or exclusive rights; or
Amendment 96 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) the level and evolution of economic activity of the undertaking concerned on the internal market;
Amendment 102 #
2021/0114(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) The Commission shall, where warranted, balance the proven negative effects of a foreign subsidy in terms of distortion on the internal market with positive effects on the development of the relevant economic activity.
Amendment 104 #
2021/0114(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) The Commission shall take into account the balancing between the proven negative and positive effects when deciding whether to impose redressive measures or to accept commitments, and the nature and level of those redressive measures or commitments.
Amendment 109 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
(2) Commitments or redressive measures shall fully and effectively remedy the distortion actually or potentially caused by the foreign subsidy in the internal market.
Amendment 110 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
(3) Commitments or redressive measures may inter alia consist of the following:
Amendment 111 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
(4) The Commission may impose reporting and transparency requirements and follow-up on them.
Amendment 112 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
(6) Where the undertaking concerned proposes to repay the foreign subsidy including an appropriate interest rate, the Commission shall accept such repayment as commitment ifonly where it can ascertain that the repayment is transparent and effective, effective and adequately remedies the actual distortion caused, while taking into account the risk of circumvention.
Amendment 115 #
2021/0114(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The Commission may on its own initiative examine information from any source, including Member States and undertakings or their professional associations, regarding alleged distortive foreign subsidies.
Amendment 118 #
2021/0114(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) inform the undertaking and Member States concerned; and
Amendment 120 #
2021/0114(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
(3) Where the Commission, after a preliminary assessment, concludes that there are no sufficient grounds to initiate the in-depth investigation, either because there is no foreign subsidy or because there are no indications of an actual or potential distortion on the internal market, it shall close the preliminary review and inform the undertaking and Member States concerned.
Amendment 122 #
2021/0114(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
The Commission may take temporary interim measures, where:
Amendment 128 #
2021/0114(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) to enter any premises , land land means of transport of the undertaking concerned;
Amendment 130 #
2021/0114(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to carry out the duties assigned to it by this Regulation, the Commission may conduct inspections in the territory of a third country, provided that the undertaking concerned has given its consent and the government of the third country has been officially notified and has agreed to the inspection. Article 12(1), (2), and (3) points (a) and (b) shall apply by analogy.
Amendment 132 #
2021/0114(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
(1) The Commission may impose by decision fines and periodic penalty payments where an undertaking concerned or an association of undertakings concerned, intentionally or negligently:
Amendment 137 #
2021/0114(COD)
Proposal for a regulation
Article 15 – paragraph 5 – introductory part
Article 15 – paragraph 5 – introductory part
(5) Where an undertaking or association of undertakings concerned does not comply with a decision with commitments pursuant to Article 9(3), a decision ordering interim measures pursuant to Article 10 or a decision imposing redressive measures pursuant to Article 9(2), the Commission may impose by decision:
Amendment 146 #
2021/0114(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
(4) If the undertakings concerned fail to meet their obligation to notify, the Commission mayshall review a notifiable concentration in accordance with this Regulation by requesting the notification of that concentration. In that case the Commission shall not be bound by the time limits referred to in Article 23(1) and (4).
Amendment 148 #
2021/0114(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
(2) For the purpose of Article 28, a notifiable foreign financial contribution in an EU public procurement procedure shall be deemed to arise where the estimated total value of that public procurement is equal or greater than EUR 250 million.
Amendment 152 #
2021/0114(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
(1) A financial contribution notified in the context of a concentration under Article 19 may be relevant and assessed again under this Regulation in relation to another economic activity.
Amendment 153 #
2021/0114(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
(2) A financial contribution notified in the context of a public procurement procedure under Article 28 may be relevant and assessed again under this Regulation in relation to another economic activity.
Amendment 328 #
2021/0106(COD)
(3 a) The development of AI applications might bring down the costs and increase the volume of services available, e.g. health services, public transport, Farming 4.0, making them more affordable to a wider spectrum of society; that AI applications may also result in the rise of unemployment, pressure on social care systems, and an increase of poverty; in accordance with the values enshrined in Article 3 of the Treaty on European Union, there might be a need to adapt the Union AI transformation to socioeconomic capacities, to create adequate social shielding, support education and incentives to create alternative jobs; the establishment of a Union AI Adjustment Fund building upon the experience of The European Globalisation Adjustment Fund (EGF) or the currently developed Just Transition Fund should be considered;
Amendment 376 #
2021/0106(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The notion of biometric identification system, including remote biometric identification system as used in this Regulation, should be defined functionally, as an AI system intended for the identification of natural persons including at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database repository, excluding verification/ authentication systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises, and without prior knowledge whether the targeted person will be present and can be identified, irrespectively of the particular technology, processes or types of biometric data used. Considering their different characteristics and manners in which they are used, as well as the different risks involved, a distinction should be made between ‘real-time’ and ‘post’ remote biometric identification systems. In the case of ‘real- time’ systems, the capturing of the biometric data, the comparison and the identification occur all instantaneously, near-instantaneously or in any event without a significant delay. In this regard, there should be no scope for circumventing the rules of this Regulation on the ‘real- time’ use of the AI systems in question by providing for minor delays. ‘Real-time’ systems involve the use of ‘live’ or ‘near- ‘live’ material, such as video footage, generated by a camera or other device with similar functionality. In the case of ‘post’ systems, in contrast, the biometric data have already been captured and the comparison and identification occur only after a significant delay. This involves material, such as pictures or video footage generated by closed circuit television cameras or private devices, which has been generated before the use of the system in respect of the natural persons concerned.
Amendment 431 #
2021/0106(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended to distort human behaviour, whereby with due diligence it could be predicted that physical or psychological harms are likely to occur, should be forbidden. Such AI systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age, physical or mental incapacities. They do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. The intention may not be presumed if the distortion of human behaviour results from factors external to the AI system which are outside of the control of the provider or the user. Research for legitimate purposes in relation to such AI systems should not be stifled by the prohibition, if such research does not amount to use of the AI system in human- machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.
Amendment 520 #
2021/0106(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) High-risk AI systems should only be placed on the Union market or put into service if they comply with certain mandatory requirements. Those requirements should ensure that high-risk AI systems available in the Union or whose output is otherwise used in the Union do not pose unacceptable risks to important Union public interests as recognised and protected by Union law. AI systems identified as high-risk should be limited to those that have a significant harmful impact on the health, safety and fundamental rights of persons in the Union and such limitation minimises any potential restriction to international trade, if any. In particular, the classification as high-risk according to Article 6 should not apply to AI systems whose intended purpose demonstrates that the generated output is a recommendation, provided it is delivered with the information on its accuracy or other relevant methodical aspects necessary for the decision making. A human intervention is required to convert this recommendation into an action.
Amendment 549 #
2021/0106(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Technical inaccuracies of AI systems intended for the remote biometric identification of natural persons, including remote biometric identification, can lead to biased results and entail discriminatory effects. This is particularly relevant when it comes to age, ethnicity, sex or disabilities. Therefore, ‘real-time’ and ‘post’ remote biometric identification systems , including remote biometric identification, should be classified as high-risk. In view of the risks that they pose, both types of remote biometric identification systems should be subject to specific requirements on logging capabilities and human oversight.
Amendment 572 #
2021/0106(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. AI systems used for this purpose may lead to discrimination of persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small-scale providers for their own use. Due to the fact that AI systems related to low-value credits for the purchase of movables do not cause high risk, it is proposed to exclude this category from the scope of high-risk AI category as well. . Natural persons applying for or receiving public assistance benefits and services from public authorities are typically dependent on those benefits and services and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be denied, reduced, revoked or reclaimed by authorities, they may have a significant impact on persons’ livelihood and may infringe their fundamental rights, such as the right to social protection, non- discrimination, human dignity or an effective remedy. Those systems should therefore be classified as high-risk. Nonetheless, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a high risk to legal and natural persons. Finally, AI systems used to dispatch or establish priority in the dispatching of emergency first response services should also be classified as high- risk since they make decisions in very critical situations for the life and health of persons and their property.
Amendment 622 #
2021/0106(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43 a) Fundamental rights impact assessments for high-risk AI systems may include a clear outline of the intended purpose for which the system will be used, a clear outline of the intended geographic and temporal scope of the system’s use, categories of natural persons and groups likely to be affected by the use of the system or any specific risk of harm likely to impact marginalised persons or groups at risk of discrimination, or increase societal inequalities;
Amendment 742 #
2021/0106(COD)
Proposal for a regulation
Recital 76 a (new)
Recital 76 a (new)
(76 a) An AI advisory council(‘the Advisory Council’) should be established as a sub-group of the Board consisting of relevant representatives from industry, research, academia, civil society, standardisation organisations, relevant common European data spaces, and other relevant stakeholders, including social partners, where appropriate depending on the subject matter discussed, representing all Member States to maintain geographical balance. The Advisory Council should support the work of the Board by providing advice relating to the tasks of the Board. The Advisory Council should nominate a representative to attend meetings of the Board and to participate in its work.
Amendment 775 #
2021/0106(COD)
Proposal for a regulation
Recital 86 a (new)
Recital 86 a (new)
(86 a) In order to ensure uniform conditions for the implementation of this Regulation, it should be accompanied by the publication of guidelines to help all stakeholders to interpret key concepts covered by the Regulation, such as prohibited or high-risk AI cases and the precise means and implementation rules of the Regulation by national competent authorities;
Amendment 822 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) users of AI systems located withusing the AI system in the Union;
Amendment 914 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, indispensably with some degree of autonomy, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with;
Amendment 1049 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36
Article 3 – paragraph 1 – point 36
(36) ‘remote biometric identification system’ means an AI system, including remote biometric identification, for the purpose of identifying natural persons including at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database repository, excluding verification/authentication systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises; , and without prior knowledge of the user of the AI system whether the person will be present and can be identified ;
Amendment 1137 #
2021/0106(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the list of techniques and approaches listed in Annex I, within the scope of the definition of an AI system as provided for in Article 3(1), in order to update that list to market and technological developments on the basis of characteristics and hazards that are similar to the techniques and approaches listed therein.
Amendment 1165 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order to materially distort a person’s behaviour in a manner that causes or is likely to cause that person or another person physical or psychological harm that could be predicted with due diligence;
Amendment 1183 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of a specific group of persons due to their age, physical or mental disability, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm that could be predicted with due diligence;
Amendment 1243 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part
Article 5 – paragraph 1 – point d – introductory part
(d) the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement, unless and in as far as such use by law enforcement is strictly necessary for one of the following objectives:
Amendment 1412 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph -1 (new)
Article 6 – paragraph -1 (new)
-1. The AI system shall be considered high-risk where it meets the following two cumulative criteria: (a) the AI system is used or applied in a sector where, given the characteristics of the activities typically undertaken, significant risks of harm to the health and safety or a risk of adverse impact on fundamental rights of users, as outlined in Article 7(2) can be expected to occur. (b) the AI system application in the sector in question is used in such a manner that significant risks of harm to the health and safety or a risk of adverse impact on fundamental rights of users, as outlined in Article 7(2) are likely to arise.
Amendment 1443 #
2021/0106(COD)
2. In addition to the high-risk AI systems referred to in paragraph 1 and in accordance with Article 6– paragraph -1a, AI systems referred to in Annex III shall also be considered high-risk.
Amendment 1698 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) examination in view of possible biases defined as a statistical error or a top-down introduction of assumptions harmful to an individual, that are likely to affect health and safety of persons or lead to discrimination prohibited by Union law;
Amendment 1716 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Training, validation and testing datasets sets shall be relevant, representative, up-to-date, and to the extent that it could be reasonably expected, taking into account the state of the art, free of errors and as complete as could be reasonably expected . They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
Amendment 1813 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way, including with appropriate human-machine interface tools, that they can be effectively overseen by natural persons during the period in which the AI system is in use, where required by the risk analysis as foreseen in the product legislations listed in Annex II.
Amendment 2061 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5 a. Users of high-risk AI systems which affect natural persons, in particular, by evaluating or assessing them, making predictions about them, recommending information, goods or services to them or determining or influencing their access to goods and services, shall inform the natural persons that they are subject to the use of such an high-risk AI system. This information shall include a clear and concise indication of the user and the purpose of the high-risk AI system, information about the rights of the natural person conferred under this Regulation, and a reference to publicly available resource where more information about the high-risk AI system can be found, in particular the relevant entry in the EU database referred to in Article 60, if applicable.This information shall be presented in a concise, intelligible and easily accessible form, including for persons with disabilities. This obligation shall be without prejudice to other Union or Member State laws, in particular Regulation 2016/679 [GDPR], Directive 2016/680 [LED], Regulation 2022/XXX [DSA].
Amendment 2080 #
2021/0106(COD)
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29 a Fundamental rights impact assessments for high-risk AI systems 1. The user of a high-risk AI system as defined in Article 6 paragraph 2 shall conduct an assessment of the system’s impact on fundamental rights and public interest in the context of use before putting the system into use and at least every two years afterwards. The information on clear steps as to how the potential harms identified will be mitigated and how effective this mitigation is likely to be should be included. 2. If adequate steps to mitigate the risks outlined in the course of the assessment in paragraph 1 cannot be identified, the system shall not be put into use. Market surveillance authorities, pursuant to their capacity under Articles 65 and 67, shall take this information into account when investigating systems which present a risk at national level. 3. In the course of the impact assessment, the user shall notify relevant national authorities and all relevant stakeholders. 4. Where, following the impact assessment process, the user decides to put the high- risk AI system into use, the user shall be required to publish the results of the impact assessment as part of the registration of use pursuant to their obligation under Article 51 paragraph 2. 5. Users of high-risk AI systems shall use the information provided to them by providers of high-risk AI systems under Article 13 to comply with their obligation under paragraph 1. 6. The obligations on users in paragraph 1 is without prejudice to the obligations on users of all high-risk AI systems as outlined in Article 29.
Amendment 2245 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Before placing on the market or putting into service a high-risk AI system referred to in Article 6(2), the provider or, where applicable, the authorised representative shall register that system in the EU database referred to in Article 60.
Amendment 2250 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1 a (new)
Article 51 – paragraph 1 a (new)
2. A high-risk AI system designed, developed, trained, validate, tested or approved to be placed on the market or put into service, outside the EU, can be registered in the EU database referred to in Article 60 and placed on the market or put into service in the EU only if it is proven that at all stages of its design, development, training, validation, testing or approval, all the obligations required from such AI systems in EU have been met;
Amendment 2457 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 3 a (new)
Article 57 – paragraph 3 a (new)
3 a. The Board shall establish a AI Advisory Council (Advisory Council). The Advisory Council shall be composed of relevant representatives from industry, research, academia, civil society, standardisation organisations, relevant common European data spaces and other relevant stakeholders or third parties appointed by the Board, representing all Member States to maintain geographical balance. The Advisory Council shall support the work of the Board by providing advice relating to the tasks of the Board. The Advisory Council shall nominate a relevant representative, depending on the configuration in which the Board meets, to attend meetings of the Board and to participate in its work. The composition of the Advisory Council and its recommendations to the Board shall be made public.
Amendment 2774 #
2021/0106(COD)
Proposal for a regulation
Article 68 a (new)
Article 68 a (new)
Article 68 a Representation of affected persons and the right of public interest organisation to lodge complaints 1. Without prejudice to Directive 2020/1828/EC, natural per-sons or groups of natural persons affected by an AI system shall have the right to mandate a body, organisation or association to lodge a complaint referred to in Article 68 on their behalf, to exercise the right to remedy referred to in Article 68 on their behalf, and to exercise on their behalf other rights under this Regulation, in particular the right to receive an explanation referred to in Article 4a 2. Without prejudice to Directive 2020/1828/EC, the bodies, organisations or associations referred to in paragraph 1 shall have the right to lodge a complaint with national supervisory authorities, independently of the mandate of the natural per-son, if they consider that an AI system has been placed on the market, put into service, or used in a way that infringes this Regulation, or is otherwise in violation of fundamental rights or other aspects of public interest protection, pursuant to article 67. 3. National supervisory authorities have the duty to investigate, in conjunction with relevant market surveillance authority if applicable, and respond within a reasonable period to all com- plaints referred to in paragraph 2.
Amendment 2817 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 1
Article 71 – paragraph 1
1. In compliance with the terms and conditions laid down in this Regulation, the Commission in consultation with Member States shall lay down the rules on penalties, including administrative fines, applicable to infringements of this Regulation and in cooperation with Member States shall take all measures necessary to ensure that they are properly and effectively implemented. The penalties provided for shall be effective, proportionate, and dissuasive. They shall take into particular account the size and the interests of small-scaleSME providers andincluding start- ups and their economic viability.
Amendment 2823 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
Amendment 3054 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – introductory part
Annex III – paragraph 1 – point 1 – introductory part
1. Biometric identification and categorisation of natural persons:
Amendment 3062 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a
Annex III – paragraph 1 – point 1 – point a
(a) AI systems intended to be used for the ‘real-time’ and ‘post’ remote biometric identification of natural persons without their agreement, including remote biometric identification;
Amendment 3111 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 4 – point a
Annex III – paragraph 1 – point 4 – point a
(a) AI systems intended to be used for recruitment or selection of natural persons, notably for advertising vacancies, screening or filtering applications, evaluating candidates in the course of interviews or tests;
Amendment 3131 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b
Annex III – paragraph 1 – point 5 – point b
(b) AI systems intended to be used to evaluate the creditworthiness of natural persons or establish their credit score, with the exception of AI systems put into service by small scale providers for their own use; or AI systems related to low- value credits for the purchase of movables;
Amendment 3145 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 5 – point c a (new)
Annex III – paragraph 1 – point 5 – point c a (new)
Amendment 2 #
2020/2194(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Expresses its overall satisfaction with the work of the eight decentralised agencies (CEPOL, EASO, EMCDDA, eu- LISA, Eurojust, Europol, FRA, Frontex) falling within its remit and of the European Data Protection Supervisor (EDPS), which carry out operational, analytical or managerial tasks and thereby support the Union institutions as well as Member States in implementing policies in the area of Justice and Home Affairs (JHA) and the way their budgets are implemented; reiterates the need to ensure adequate financial support for JHA agencies to deliver the tasks assigned to them in full transparency and to fulfil their mandates in full compliance with fundamental rights;
Amendment 8 #
2020/2194(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes the inherent difficulty that the agencies face when required to submit their Single Programming Document while the relevant legal instruments are still under negotiation by the co- legislators, thereby leading to a situation where budget lines are made available before their corresponding legal instruments are adopted; calls on the Commission to improve its communication with the agencies to better streamline the expected timelines for the adoption of legislation and corresponding budget lines; notes the Court’s Recommendation that agencies should be allocated resources in a more flexible manner while stressing the importance of due reporting, transparency and auditing;
Amendment 9 #
2020/2194(DEC)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Welcomes the high level of cooperation in the area of migration that concerns the JHA agencies, particularly at the hotspots; notes with approval the regular meetings conducted amongst CEPOL, EASO, Frontex, EMCDDA, eu- LISA, Eurojust, Europol, FRA, DG HOME and DG JUST of the Commission in the framework of the JHA Agencies’ Network, also aided by the EU Policy Cycle/ EMPACT framework; highlights the Court’s observation that JHA Agencies, particularly Europol, Eurojust and Frontex, are fully integrated in the external dimension of the Area of Freedom, Security and Justice and are amongst the internationally most active agencies;
Amendment 10 #
2020/2194(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the Court did not address ‘emphasis on the matter’ with regard to JHA agencies, with the exception of FRONTEX, for which the Court drew attention to the level of error related to equipment expenditure in the context of grant agreements with cooperating countries; notes the Court’s observation that the Agency has taken steps to improve ex-ante verifications, and has re- introduced ex-post verifications on reimbursements in 2019, in line with recommendations made in previous years; expresses its concern about the serious and repeated allegations of FRONTEX's involvement in the pushbacks and of migrants and allegations of violations of fundamental rights;
Amendment 15 #
2020/2194(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that public procurement continues to be the main area prone to error in relation to all Union decentralised agencies; calls therefore on the affected JHA agencies, i.e. Europol, and CEPOL to improve their public procurement procedures with a view to compliance with applicable rules and as a result, the achievement of the most economically advantageous purchases, while respecting the principles of transparency, proportionality, equal treatment and non- discrimination and eu-LISA to improve the recruitment procedure.
Amendment 17 #
2020/2194(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Takes note that the Court did not audit the 2019 accounts of the European Public Prosecutor's Office ('EPPO'), since the EU body was not yet financially autonomous; expects the Court to present an audit of the accounts of the EPPO for the accounting year 2020.
Amendment 2 #
2020/2172(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the important role of the European Union Agency for Law Enforcement Cooperation (‘Europol’) in supporting Member States’ criminal investigations and providing operational analysis; emphasises also the extension of its tasks and its growing role in the prevention and combating of serious crime, includingand organised crime, and terrorism;
Amendment 8 #
2020/2172(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes that the Court of Auditors ('the Court') has declared the transactions underlying the annual accounts of Europol for the financial year 2019to be legal and regular in all material respects and that its financial position on 31 December 2019 is fairly represented; welcomes that the Court has found the payments underlying the accounts for the year ended 31 December 2019 to be legal and regular in all material aspects;
Amendment 14 #
2020/2172(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the number of operations that Europol supported grew from 1 748 in 2018 to 1 921 in 2019 (representing an increase of 9,89 %) and that operational meetings funded by Europol increased from 427 in 2018 to over 500 in 2019 (representing an increase of 17%), which underline the substantial increase in the importance of the Agency's work;
Amendment 17 #
2020/2172(DEC)
4. Regrets to note again the Court’s finding that there were weaknesses in contract management and ex ante controls linked that the Europol irregularly prolonged the duration of a framework contract for the provision of business travel services by signing an amendment after the contract had expired; notes that this resulted in irregular payment of EUR 32 531 in 2019.; takes note of the explanations from Europol in response to the Court’s finding, highlighting that the extension was a conscious decision to preserve business continuity and that Europol will have an internal audit on contract management in 2021 to obtain assurance on its contract management arrangements and calls on the Agency to improve the regularity of transactions;
Amendment 22 #
2020/2172(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Notes the late payments issued by the Agency in 20 % of the cases in 2019; acknowledges that the level of late payments was even higher in previous years but calls on the Agency to regularise payments to bring these in line with the Financial Regulation to avoid reputational risk;
Amendment 30 #
2020/2172(DEC)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Notes the Court’s observations that underlying prices and calculation of certain discounts were not properly checked prior to submitting the order form to the contractor of the purchasing of furniture; calls on the Agency to integrate such checks in its ex-ante controls, before signing and sending the order forms;
Amendment 31 #
2020/2172(DEC)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Welcomes the Agency’s action following the Court’s observation from 2017 so that it now publishes vacancy notices on the website of the European Personnel Selection Office in addition to on its own website and on social media;
Amendment 5 #
2020/2158(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores the fact that Eurojust was faced with a decrease in its budget from EUR 47 to 44 million (-6.38%) and merely a slight increase in staff from 238 to 239 (+0.4%) despite a 17% increase in workload compared to 2018; reminds that the workload is expected to increase further due to the new, strengthened, mandate which entered into force in 20191 ; further recalls that the number of coordination centres held in 2019 increased from 17 to 20 (+19%), demonstrating the popularity and utility of this operational tool; stresses the essential role that Eurojust plays in the Union security chain and maintains that its budget should match its tasks and priorities in order to enable it to fulfil its mandate; _________________ 1Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A32018 R1727
Amendment 8 #
2020/2158(DEC)
4. Notes that an outstanding observation from 2018, namely, the use of a negotiated procurement procedure is still to be justified; welcomes the Agency's action following the Court's observation from 2017 so that it now publishes vacancy notices on the website of the European Personnel Selection Office in addition to its own website and on social media;
Amendment 4 #
2020/2153(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Reiterates its concern that the Court has identified a horizontal trend acrossrecurrent shortcoming applying to several agencies in the use of external staff hired in IT consultancy roleand interim workers; calls for the dependency on external recruitment in this important area to be addressed; notes the pending case before the CJEU as regards the use of interim workers by EMCDDA, and for applicable labour law to be respected; welcomes that the Centre's reply that it has reassessed its policy for use of temporary workers with a view to further rationalise the latter is in line with its operating needs and the relevant legal framework; notes the pending case before the CJEU1a, which addressinges several questions concerning the application of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency workers to EU agencies; _________________ 1a C-948/19 Manpower Lit.
Amendment 6 #
2020/2152(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the fact that the Court of Auditors (‘the Court’) has declared the transactions underlying the annual accounts of the Agency for the financial year 2019 to be legal and regular in all material respects and that its financial position on 31 December 2019 is fairly presented; deplores the fact that the budget of the Agency ofdecreased from EUR 30 million decreased in 20198 to EUR 29 million in 2019and notes the slight staff increase from 110 to 114 in 2019during the same time;
Amendment 8 #
2020/2152(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the levels of commitment carry-overs for operational expenditure once again remained high at 60 %, which is a lower percentage than in 2018, but still indicates a structural problem; calls on the Agency to further improve its financial planning and its implementation cycles; welcomes that the Agency has in the meantime implemented a new project management tool to better sustain the high amount of data and that this is expected to enable the Agency to better estimate its carry-overs to meet its stated Key Performance Indicators; recommends a re-evaluation of the situation until the percentage of carry- overs is reduced to an acceptable level;
Amendment 12 #
2020/2152(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes that the Agency has attained 100% of the budgetary execution for committed appropriations and that it has surpassed its outturn target with a result of 99.43%;
Amendment 14 #
2020/2152(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the progress madeintroduction of e- tendering by the Agency in relation toline with the recommendations of the Court on the introduction of e-tendering; calls on the FRA to step up its efforts regarding the outstanding recommendation on e- submission while acknowledging that this is not solely under the control of the Agency.
Amendment 16 #
2020/2152(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the launch of the European Union Fundamental Rights Information System (EFRIS) for the more systematic use of assessments of the Union’s and Member States’ international human rights obligations, also following the encouragement of the Parliament to develop such a tool;
Amendment 22 #
2020/2152(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes the implementation of the Agency’s Anti-Fraud Strategy throughout 2019 with a special focus on the provisions of FRA guidelines on whistleblowing; encourages the Agency to continue its work in this regard.
Amendment 9 #
2020/2132(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. BelievStresses that the Commission’sParliament is a democratically elected body which unlike national parliaments, does not have a formal right of legislative initiative, as set out in the Treaties, has been neither constructive nor productive in recent years, with a decrease in the Commission’s output over the past decade and Commission Presidents not assuming their political responsibilitiesnd therefore the fact that the Commission has the exclusive direct right of legislative initiative creates a problem of democratic legitimacy that has to be addressed; strongly recommends therefore that the Committee on Constitutional Affairs further exploit Parliament’s powers assigned by the Treaties and consider a Treaty revisionanalyse the different ways to give Parliament a direct right of legislative initiative;
Amendment 10 #
2020/2132(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the European Council has a de-facto right of initiative within the area of freedom, security and justice in accordance with Article 68 TFEU, which does not reflect a level playing fieldthe legislative equality between Parliament and Council as foreseen in the Interinstitutional Agreement on Better Law-Making; underlines moreover the early influence by the Member States via their participation in numerous Commission advisory bodies and asks the Commission to ensure to the Parliament the same level of participation;
Amendment 14 #
2020/2132(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that Parliament should have an enhanced direct right of legislative initiative, as it directly represents the European peoplecitizens and not just national interests, which need to be counter- balanced; deplores therefore that this possibility has been regularly deferred to a future Treaty revision;
Amendment 16 #
2020/2132(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that providing Parliament with the right of legislative initiative would require a Treaty revision and therefore exploring the potential of current treaty provisions to enhance the influence the Parliament can have on initiating legislation are worth looking at in order to pave the way to its direct right to initiative;
Amendment 17 #
2020/2132(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses the importance of the Interinstitutional Agreement between the Parliament, Council and the Commission and the Framework Agreement on relation between the Parliament and the Commission and the fact that changes there can enhance the legislative agenda setting powers of Parliament and recalibrate the institutional balance without formally changing the Treaties;
Amendment 18 #
2020/2132(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Proposes to consider developing a procedure for Parliament to support ideas in form of a sponsorship to for instance European Economic and Social Committee´s and European Committee of the Regions’ positions within the framework of Article 225 TFEU;
Amendment 20 #
2020/2132(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Deeply regrets that only one-third of Parliament’s legislative and non- legislative initiative procedures can be considered successful and that most legislative initiative (INL) reports adopted since 2011 did not result the Commission did not follow- up by submitting a positive reply from the Commissionny appropriate proposal1 ; regrets also that, to date, the three-month deadline for the Commission to react to a parliamentary resolution, as laid down in paragraph 16 of the Framework Agreement on relations between the European Parliament and the European Commission (‘2010 FA’)2 , and the one-year deadline for the Commission to come forward with a legislative proposal in response to a legislative initiative report have consistently not been respected; _________________ 1Study ‘The European Parliament’s right of initiative’, Andreas Maurer, University of Innsbruck, Jean Monnet Chair for European Integration Studies and Michael C. Wolf, University of Innsbruck, July 2020, pages 55 and 57. 2 OJ L 304, 20.11.2010, p. 47.
Amendment 22 #
2020/2132(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is of the opinion that INL reports in the area of the ordinary legislative procedure, with only one addressee and workable proposals within realistic timeframes, will be more successful; recommends thereforeclearly defined proposals that focus on the scope of the report and are within realistic timeframes, have a greater chance of being translated into legislative proposals by the Commission; recommends that the Committee on Constitutional Affairs invites the Commission to the negotiating table in order to slightly extend the relevant deadlines and to accommodate alleged organisational difficulties with regard to the 2010 FA and thereby enhance the Commission’s responsiveness to Parliament’s resolutions; expects in return, however, that the Commission’s response to and implementation of an INL report should be automatic translates an INL report automatically into a concrete legislative proposal;
Amendment 25 #
2020/2132(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reminds that Parliament has a structure for impact assessment activities and is convinced that the use of it should be mandatory before drafting a legislative own-initiative report in order to enhance the European added value assessment foreseen in the Interinstitutional Agreement on Better Law-Making;
Amendment 29 #
2020/2132(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Commission, as the guardian of the Treaties, to adhere to its responsibilities and to honour its own commitmentssystematically involve Parliament in its decisions on the Commission Work Programme, so that Parliament has to approve the programme before its publication in order to enhance Parliaments´ agenda-setting power in the meantime before its direct right to initiative is established;
Amendment 31 #
2020/2132(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Is of the opinion that, if the Commission fails to implement Parliament’s callrequest for a legislative act in the area of the ordinary legislative procedure, its resolution adopted by a majority of members shall Parliament should systematically consider to bring an action regarding the Commission´s failure to act beforme the basis for a legislaCourt of Justivce procedure to be initiated by Parliament itselfof the European Union to have an infringement by the Commission established on the basis of Article 265 TFEU;
Amendment 32 #
2020/2132(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Considers that, were the Commission does not to submit a legislative proposal and fails to provide proper reasons as required by Article 225 TFEU, following Parliament’s request, this would constitute a failure to act and Parliament would reserve its right to take action underause for a motion of censure on the Commission´s activities according to Article 26534 TFEU.;
Amendment 33 #
2020/2132(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Is convinced that Article 294 TFEU should be revised in a way that Parliament’s resolution requesting a legislative act pursuant to Article 225 TFEU, adopted by a majority of members shall form the basis for a legislative procedure to be initiated by Parliament itself, if the Commission does not forward a legislative proposal within 12 months after Parliament’s request;
Amendment 21 #
2020/2081(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the statement of the President of the European Parliament of 13 August and the leaders of the five political groups of 17 August on the situation in Belarus following the presidential election of 9 August,
Amendment 23 #
2020/2081(INI)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
— having regard to the extraordinary meeting of the Foreign Affairs Council 14 August and European Council on 19 August on the situation in Belarus following the presidential election of 9 August,
Amendment 50 #
2020/2081(INI)
Motion for a resolution
Recital C
Recital C
Amendment 116 #
2020/2081(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Amendment 122 #
2020/2081(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas independent platforms established by civil society organisations of Belarus (such as Golos - Belarus2020.org) conducted independent exit polls and analysed protocols of more than 200 precinct electoral commissions, which released genuine results, that clearly point to the fact that Sviatlana Tsikhanouskaya received an absolute majority of votes (in the range of 71.1% to 97.6%);
Amendment 123 #
2020/2081(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Amendment 126 #
2020/2081(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
Gd. whereas the Belarusian authorities did not comply with minimum international standards for a credible, transparent, free and fair presidential election process;
Amendment 128 #
2020/2081(INI)
Motion for a resolution
Recital G e (new)
Recital G e (new)
Ge. whereas peaceful protests expressing a desire for democratic change and freedom started already on the night of Sunday 9 August in Minsk and many other cities around the country, the scale of protests is unprecedented in the history of Belarus going into the hundreds of thousands;
Amendment 129 #
2020/2081(INI)
Motion for a resolution
Recital G f (new)
Recital G f (new)
Gf. whereas the authorities responded to peaceful protests with disproportionate brute force, heavy use of tear gas, batons, flash grenades and water cannons, several thousand protestors were detained, there have been reports of torture, rape, missing persons, several people have been found dead so far;
Amendment 131 #
2020/2081(INI)
Motion for a resolution
Recital G g (new)
Recital G g (new)
Gg. whereas Lukashenko and his regime have approved these criminal actions and pogroms by OMON of innocent people and whereas more than 7000 Belarusians were detained, more than 400 hospitalised, 5 confirmed dead and dozens still missing, while further arrests and harassment of activists, including journalists, are still taking place all over Belarus;
Amendment 133 #
2020/2081(INI)
Motion for a resolution
Recital G h (new)
Recital G h (new)
Gh. whereas the European Union and its Member States did not recognise the results of the presidential election due to substantial doubt about the fairness of the election, condemned the disproportionate, unacceptable use of force against peaceful protestors and supported the right of the people of Belarus to determine their future;
Amendment 135 #
2020/2081(INI)
Motion for a resolution
Recital G i (new)
Recital G i (new)
Amendment 186 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point c
Paragraph 1 – point c
Amendment 225 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point e
Paragraph 1 – point e
(e) pay close attention to the fallout of the presidential election campaign and insist that a lack of progress innot conducting new elections in according toance with international standards and further crackdowns against the opposition will have direct adverse effects on relations with the EU;
Amendment 245 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point f
Paragraph 1 – point f
(f) insist that the upcoming constitutional reform is a crusupports the initiative of the Belarusian People's Coordination Councial opportunity to introduce genuine changes which would address the weaknesses of the current political system and enable the Belarusian people to participate more actively in political lifeto immediately reintroduce the Constitution of 1994, which can be done through a national referendum;
Amendment 262 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – subheading 1 a (new)
Paragraph 1 – subheading 1 a (new)
Post-election situation in Belarus
Amendment 263 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g a (new)
Paragraph 1 – point g a (new)
(ga) strongly support the decision to not recognise the election results as announced by the Belarusian Central Electoral Committee, not to recognise Alexander Lukashenko as president of the country once his current term of office expires; note that the current presidential term in Belarus ends at the latest on 5 November 2020 and after that date a position of the President of Belarus will be vacant. According to the article 81 of the Constitution of Belarus in this case new election of President has to be held not earlier than 30 days and not later than 70 days;
Amendment 271 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g c (new)
Paragraph 1 – point g c (new)
Amendment 272 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g d (new)
Paragraph 1 – point g d (new)
(gd) recommend to recognise the Belarusian People's Coordination Council as the legitimate representative of the people demanding democratic change and freedom in Belarus;
Amendment 273 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g e (new)
Paragraph 1 – point g e (new)
(ge) welcome the efforts of the Belarusian People's Coordination Council for a peaceful and democratic transition of power as a result of an inclusive national dialogue;
Amendment 274 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g f (new)
Paragraph 1 – point g f (new)
(gf) urge to prepare a comprehensive review of its policy towards Belarus, taking into account different scenarios of developments in the country, that also include a substantially increased financial and technical commitment from the EU;
Amendment 275 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g g (new)
Paragraph 1 – point g g (new)
(gg) urge the EU to organise a donors conference for democratic Belarus, which would bring together international financial institutions, G-7 countries, EU member states and institutions, and others willing to pledge a multi-billion euro financial package to support the future reform efforts and restructuring of the economy;
Amendment 276 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g h (new)
Paragraph 1 – point g h (new)
(gh) call on the Russian Federation to refrain from any interference, covert or overt, in the peaceful democratic revolution in Belarus;
Amendment 277 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g i (new)
Paragraph 1 – point g i (new)
(gi) as long as the political situation in Belarus does not change reconsider any ongoing disbursements of the EU financial assistance and adjust it accordingly, so that it reaches the end- recipients and circumvents the authorities;
Amendment 278 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g j (new)
Paragraph 1 – point g j (new)
(gj) encourage Member States to facilitate and accelerate the procedure for obtaining visas for those who flee Belarus for political reasons;
Amendment 279 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g k (new)
Paragraph 1 – point g k (new)
(gk) call for a full EU/international investigation of crimes against the people of Belarus committed by law enforcement authorities of Lukashenko regime against peaceful protesters demanding transparent, free and fair Presidential elections, stopping current repressions and immediate release of all political prisoners in Belarus;
Amendment 280 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g l (new)
Paragraph 1 – point g l (new)
(gl) call to establish in the European Parliament an inquiry committee (or another proper body of the European Parliament) on the investigation of crimes committed in Belarus, which would periodically report on its findings to the plenary sessions of the European Parliament;
Amendment 281 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g m (new)
Paragraph 1 – point g m (new)
(gm) condemn the suppression of internet and media, road blockades, and intimidation of journalists in order to stop the flow of information about the situation in the country - the people have the right to access information; condemn the crackdown on international journalists and media limiting their ability to report on the democratic revolution in a free, fair and balanced way;
Amendment 314 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point k a (new)
Paragraph 1 – point k a (new)
(ka) demand for the immediate release of all those arbitrarily detained after participating in the democratic revolution protests following the falsified presidential election of 9 August; demand the authorities to provide all information on people who went missing in relation to their participation in the protests after 9 August;
Amendment 316 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point k b (new)
Paragraph 1 – point k b (new)
(kb) demand that all legal actions undertaken by the authorities against members of the Belarusian People's Coordination Council are dropped and all of them who are detained and arrested are freed;
Amendment 331 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point l a (new)
Paragraph 1 – point l a (new)
(la) demand that any spread of disinformation in Belarus concerning the EU and its Member States is vigilantly countered as well as any hybrid threats undertaken by third actors;
Amendment 4 #
2020/2073(INL)
Motion for a resolution
Citation 2
Citation 2
— having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC1 and to the Annex to Parliament’s legislative resolution namely the Commissions’ statement on sport event organisers, __________________ 1 OJ L 130, 17.5.2019, p. 92.
Amendment 6 #
2020/2073(INL)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to Directive 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC,
Amendment 17 #
2020/2073(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the development of the digital environment has made it easier for all fans to access sport events on all kinds of devices and has boosted the development of new online business models; whereas, at the same time, it has facilitated illegal online transmission of sport broadcasts and online piracy within and outside the Union;
Amendment 26 #
2020/2073(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the illegal transmission of sport events and the spreading of illegal content online not only causes significant economic harm to the sector, which results in losses in subscription and advertising revenue, but is also part of the growing activities of criminal organisations, that are also harmful for consumers;
Amendment 32 #
2020/2073(INL)
Motion for a resolution
Recital C
Recital C
C. whereas, sports events, as such, have a unique and, to that extent, original character which can transform them into subject-matter that is worthy of protection comparable to that of copyright works, and that protection should be granted, since, unlike other sectors, most of the value of a sport event broadcast lies in the fact that it is live and most of that value is lost when the event ends; whereas, consequently and only in this context, a swift reaction is needed to put an end to the illegal transmission online of sport events;
Amendment 43 #
2020/2073(INL)
Motion for a resolution
Recital E
Recital E
E. whereas the professional illegal transmission of a whole sport event should be distinguished from short sequences shared among fans and pertaining to fan culture and from content shared by journalists for the purpose of informing the general public as set out in the Audiovisual Media Services Directive;
Amendment 61 #
2020/2073(INL)
Motion for a resolution
Recital H
Recital H
H. whereas, however, the current legal framework does not allow for the necessary immediate action needed to remedy the illegal broadcast of live sport events; whereas, moreover, Member States have adopted rules on notice and action mechanisms thatexisting in some Member States are not harmonised;
Amendment 66 #
2020/2073(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests thatCalls on the Commission to submit without undue delay a proposal for legislative acts, following the recommendations set out in the Annex hereto;
Amendment 70 #
2020/2073(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges that intellectual property rights are important for sport events’ organisers, as their exploitation represents a relevant source of income, in particular in relation to the licensing of broadcasting rights for the sport events they organise;
Amendment 73 #
2020/2073(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that infringements of media rights in sport threaten its long- term funding;
Amendment 79 #
2020/2073(INL)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that sports event's organisers invest significant financial, technical and human resources to address online piracy and engage with service providers;
Amendment 82 #
2020/2073(INL)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines that end users could be put in the position to endure the consequence of accessing illegal streaming of sport content by exposing themselves to other forms of harm such as identity theft, malware or other online related intrusions;
Amendment 86 #
2020/2073(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that, given the specific nature of live sport events broadcasts and the fact that their value is mainly limited to the duration of the sport event in question, enforcement procedures need to be as swiftoon as possible and to allow for immediate removal of illegal content;
Amendment 89 #
2020/2073(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers, however, that the current legal framework for injunction and for notice and take down mechanisms does not allow for an effective and timely enforcement of rights to remedy the illegal broadcast of live sport events; considers, therefore, that concrete measures, specific for live sport event broadcasts, should be adopted as soon as possible to adapt the current legal framework to fit these specific challenges and to allow for the prompt removal of illegal sport events broadcasts online; is of the view that real- time take down should be the objective to pursue;
Amendment 95 #
2020/2073(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines, also, that the general framework provided for by Union law is not applied in a similar way in national legislation and that civil procedure and notice and take down mechanisms differ from one Member State to another; is of the view that there is an obvious lack of efficiency of enforcement tools in the cross-border context; calls for further harmonisation of the procedures and remedies in the Union in this specific context as soon as possible;
Amendment 109 #
2020/2073(INL)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that sport content is often technically processed which means that there is no doubt about who has the right to broadcast that sports content online; stresses that the sport event organisers as right holders know all their official licensees which allows for unambiguous detecting of illegal streaming services;
Amendment 117 #
2020/2073(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises the need for safeguards to ensure that the legal framework strikes the right balance between the need for efficiency of enforcement measures and the need to protect relevant third party rights;
Amendment 124 #
2020/2073(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the creation in Union law of a new right for sport events’ organisers will not provide a solution to the challenge they face of a lack of effective and timely enforcement of their existing rights; considers therefore that the proposal should not seek to establish such a new right;
Amendment 125 #
2020/2073(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for cooperation between Member States authorities and between rightholders and intermediaries to be enhanced; further calls on the Commission, within its remit, to support Member States in their endeavours to improve existing infrastructure and measures;
Amendment 132 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 1
Annex I – part 1 – paragraph 1 – indent 1
- to improve and make the current legal framework on enforcement of intellectual property rights regarding live sport events more effective, considering the specific nature of live sport events and in particular its short-time value;
Amendment 136 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 2 a (new)
Annex I – part 1 – paragraph 1 – indent 2 a (new)
- to emphasise that intermediaries should put in place effective Know Your Business Customer obligations to prevent their services from being abused to facilitate the illegal streaming of sport events; to that end, calls on the Commission to propose such obligations within the upcoming Digital Services Act;
Amendment 138 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 3
Annex I – part 1 – paragraph 1 – indent 3
- to further harmonise, without prejudice to the general Union framework to be defined in a Digital Services Act, procedures and remedies in the Union to boostclearly improve and strengthen the efficiency of enforcement tools, including in the cross-border context;
Amendment 143 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 4
Annex I – part 1 – paragraph 1 – indent 4
- to improve enforcement tools to allow for real-time take down ofand provide as soon as possible real-time take down to remove or disable access to illegal live sport contentbroadcast available on their services, considering their need for effective notice and take down mechanisms which imply immediate measures to be taken;
Amendment 149 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 6
Annex I – part 1 – paragraph 1 – indent 6
- to ensure that the measures take into account the scope, magnitude and recurrence of the infringement and to target professional illegal transmissions, excluding the recording and posting of illegal amateur footage of sport events;
Amendment 151 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 7
Annex I – part 1 – paragraph 1 – indent 7
- to ensure that the measures to be proposed are proportionate and keep the right balance between the need for the enforcement measures to be efficient and the need to protect relevant third party rights;
Amendment 156 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 1
Annex I – part 2 – paragraph 1 – indent 1
- clarify the concept behind the phrase “acts expeditiously” set out in Article 14 of the Directive on electronic commerce in relation to an online intermediary, such that “expeditiously” is considered to mean “immediately"that providers of information society services are obliged to immediately take down the infringing content from the notification of the infringement by rightholders and no later than 30 minutes after the start of the sport event”.
Amendment 164 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 3
Annex I – part 2 – paragraph 1 – indent 3
- ensure that the measures to be taken by intermediaries are effective, justified, proportionate, adequate, taking into account the seriousness and the scale of the infringement; make sure, for example, that the blocking of access to, or removal of, illegal content does not require the blocking of an entire platform containing services that are legal, which would be disproportionate, unless the proportion of illegal services on a specific server demonstrates that the availability of legal services is only incidental;
Amendment 166 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 4
Annex I – part 2 – paragraph 1 – indent 4
- provide forand actively support for enforcement solutions, such as private agreements among stakeholders; in this respect, the Commission should report on and assess the appropriateness and impact of creating an obligation on streaming providers to perform real-time take downs to remove or disable access to illegal sport broadcast available on their services;
Amendment 168 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 2
Annex I – part 2 – paragraph 2 – indent 2
- allow the use of blocking injunctions that run during the entire live broadcast of a sport event, but are limited to the duration of the live broadcast, thus blocking the infringing website only for the duration of the event; such injunctions should be temporary unless repeated violations occur;
Amendment 170 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 4
Annex I – part 2 – paragraph 2 – indent 4
- specify that the removal of the illegal content should take place immediately after reception of the notice from right holders and no later than 30 minutes after the event started, provided that there is no doubt about who owns the content and whether any direct or indirect consent was given by the rightholders to make the content available to the public; strong indication should be put on the rightholders to prevent any removal of legal content; to that end, blocking access to or removing illegal content should in principle not require blocking the access to a server that hosts legal services and content;
Amendment 174 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 5
Annex I – part 2 – paragraph 2 – indent 5
- enhance cooperation between Member States’ authorities, including by way of exchange of data and best practices and by creating an active and up-to-date network of national authorities; the Commission should assess the added-value of appointing an independent administrative authority in each Member State that would have a role to play in the enforcement system, especially in the case of swift enforcement, such as for online piracy of live sport content;
Amendment 2 #
2020/2015(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to the World Intellectual Property Organisation (WIPO) Copyright Treaty, the World Intellectual Property Organisation (WIPO) Performances and Phonograms Treaty and the draft Issues Paper on intellectual property policy and artificial intelligence Policies (WIPO/IP/AI/2/GE/20/1) of 13 December 2019,
Amendment 12 #
2020/2015(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the aim of making the European Union the world leader in AI technologies must include efforts to safeguard the Union’s digital and industrial sovereignty, ensure the EU’s competitiveness as well as promote and protect innovation;
Amendment 23 #
2020/2015(INI)
G. whereas the EU is the appropriate level at which to regulate AI technologies in order to avoid fragmentation of the single market; whereas thea fully harmonised EU regulatory framework in the field of AI will have the potential to become a legislative benchmark at international level; whereas new common rules for AI- systems should only take the form of Regulations to establish equal standards across the Union;
Amendment 28 #
2020/2015(INI)
Motion for a resolution
Recital H
Recital H
H. whereas AI technologies ar, according to the Guidelines for Examination in the European Patent Office, AI technologies are based on computational models and algorithms, which are per se regarded as mathematical methods within the meaning of the European Patent Convention;
Amendment 31 #
2020/2015(INI)
Motion for a resolution
Recital I
Recital I
I. whereas AI technologies are based on the creation and execution of computer programs which, as such, are protected by copyright; whereas, under the current rules, the ideas, methods and principles which underlie any element of a computer program, are not protected, but only the expression of the computer program; whereas, considering the limited scope of copyright protection for computer programs, consideration should also be given to the protection granted to AI technologies under patent law and the Trade Secrets Directive;
Amendment 34 #
2020/2015(INI)
Motion for a resolution
Recital J
Recital J
J. whereas AI technologies, as computer programs, cannot be patented, except under Article 52(3) of the European Patent Convention, although pure mathematical methods and computer programs are not patentable as such, they can be patentable under Article 52(3) of the European Patent Convention when used as part of an AI system that contributes to producing a ‘further technical effect’;
Amendment 39 #
2020/2015(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas an increasing number of AI-related patents is being granted;
Amendment 40 #
2020/2015(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the development of AI is raising questions about the protection of innovation itself and the application of IPRs to data generated by AI technologies, which can be industrial or artistic creations; whereas it is sometimes difficuln this regard it is important to distinguish between assisted creation and AI-generated creations that are done with help of AI tools, and creations that are autonomously generated by AI;
Amendment 49 #
2020/2015(INI)
Motion for a resolution
Recital L
Recital L
L. whereas AI technologies are heavily dependent on data, often extracted from pre-existing content, a blanket term for information falling into a range of categories that requires protection and tailored governance; whereas increased access to certain data and databases in the European Union will play a crucial role in advancing the development of European AI and supporting the competitiveness of European companies on global markets;
Amendment 58 #
2020/2015(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission White Paper on ‘Artificial Intelligence - A European approach to excellence and trust’ and the European Data Strategy; stresses that the approaches outlined therein are likely to contribute to the deployment of the potential of human-centered AI in the EU; notes, however, that the issue of the protection of IPRs in the context of the development of AI technologies doehas not seem to have been addressed by the Commission, despite the key importance of these rights and the role played by innovation and creativity in the EU economy;
Amendment 59 #
2020/2015(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the importance of the creation of an operational and fully harmonised regulatory framework in the area of AI technologies; suggests that such a framework takes the form of a Regulation rather than a Directive in order to avoid fragmentation of the European Digital Single Market and promote innovation;
Amendment 60 #
2020/2015(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls for an assessment to be conducted regarding the protection of IPRs in the context of the development of AI technologies in order to evaluate whether adjustments are needed and ensure that the current legal framework is adequate to promote investment, create opportunities for European companies and start-ups and foster the development and uptake of AI in Europe;
Amendment 65 #
2020/2015(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the key importance of protecting IPRs in relation to AI technologies, in order to ensure high level of protection of IPRs, to create the legal certainty and to build the trust needed to encourage investment in these technologies; considers that the EU can, due to little regulation at national level, the EU has the potential to be athe frontrunner in the creation of AI technologies if it adopts an operational regulatory framework that is regularly assessed in the light of technological developments and implements proactive public policies, particularly as regards training programmes and financial support for research;
Amendment 78 #
2020/2015(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends that priority be given to assessment by sector and type of IPR implications of AI technologies; considers that such an approach should take into account the degree of human intervention, autonomy of AI, the importance of the role of the dataand origin of the data, or in case of copyright, the protected works and subject matter used, and the possible involvement of other factors, such as sectoral economic equilibria;
Amendment 81 #
2020/2015(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Suggests that assessment should focus on the impact and implications of AI technology under the current system of patent law, trade mark and design protection, copyright and related rights, including the applicability of the legal protection of databases and computer programs, and the protection of undisclosed know-how and business information (‘trade secrets’) against their unlawful acquisition, use and disclosure; emphasises, further, the need to assess whether contract law and competition rules oughtneed to be strengthened in order toadapted in order to address market failure or abuses in the digital economy and create a more comprehensive legal framework for the economic sectors in which AI plays a part, thus enabling European companies to scale up;
Amendment 88 #
2020/2015(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that innovations in AI are patentable if the criteria relating to technical inventions are met; notes that only mathematical methods as such are excluded from patentability unlessand that if they constitute inventions of a technical nature, which are thenthey are patentable if the applicable criteria relating to inventions are met; points out, further, that if a claim relates either to a method involving technical means or to a device, its purpose, considered as a whole, is in fact technical in nature and it is therefore not excluded from patentability; consequently, notes that innovations in AI are patentable if the criteria relating to inventions are met;
Amendment 93 #
2020/2015(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that patent protection can be granted provided that the invention is new and not self-evident and involves an inventive step; notes, further, that patent law requires a comprehensive description of the underlying technology, which may pose challenges for certain AI technologies in view of the complexity of the reasoning; stresses also that reverse engineering is an controversial exception to the trade secrets rule that may pose IPR-related problems in the context of the development of AI technologies;
Amendment 97 #
2020/2015(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Points out that there is a need to distinguish between the AI assisted creations and AI-generated creations, as only the latter ones create new regulatory challenges in terms of IPR protection, in particular for copyright and patent law; stresses in this regard the importance of addressing the issue of ownership and inventorship;
Amendment 104 #
2020/2015(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view that consideration must be given to protecting technical and artistic creations generated by AI, in order to encourage this form of creation; considers that certain works or other protected subject-matter generated by AI can be regarded as equivalent to intellectual works or inventions and could therefore be protected by copyright or patents; recommends that ownership of rights should only be assigned to the person who, legal entity or company who/that prepares and publishes a work lawfully, provided that the technology designer has not expressly reserved the right to use the work in that way;
Amendment 115 #
2020/2015(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that AI makes it possible to process a large quantity of data relating to the state of the art or the existence of IPRs; notes, at the same time, that the use of AI technology cannot be a substitute for human verification in relation to the granting of IPRs and the determination of liability for infringements of IPRs; stresses the importance for the registration procedures using AI to always be reviewed by individuals able to judge situations on a case-by-case basis in order to ensure the quality and fairness of decisions;
Amendment 120 #
2020/2015(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses the importance to use artificial intelligence in assisting brand owners and practitioners, but also public authorities, in the enforcement of their intellectual property rights (IPRs) in the online environment; notes that any use of AI with regards the enforcement of IPRs shall nonetheless include a human intervention when legal consequences are involved;
Amendment 123 #
2020/2015(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes, with regard to the use of dataworks by AI, that the use of copyrighted data needs to be assessed in the light of the need to ensure high level of protection of copyright and the text and data mining exceptions provided for by the Directive on copyright and related rights in the Digital Single Market; highlights the IPR issues arising from the creation of deep fakes on the basis of data which may be subject to copyright and that no new exceptions should be created in this regard; notes that the copyright-protected works used as input to train AI process/software do not require any new policy consideration and should remain under the current copyright framework, which is fit for purpose; considers that voluntary data sharing between businesses and sectors based on fair contractual arrangements should be promoted and that, in this context, use of data subsisting in copyright works should be managed through licensing agreements; notes the legal problems arising from the creation of deep fakes on the basis of misleading, manipulated, low quality and/or unauthorised use of copyright-protected data; stresses that concerns regarding this technology need to be addressed in terms of IPR, credibility, fraud, and privacy aspects;
Amendment 128 #
2020/2015(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the importance of full implementation of the Digital Single Market Strategy in order to improve data accessibility in the EU; stresses that the European Data Strategy must ensure the balance between the promotion of the flow and wider use and sharing of data and the protection of the IPR, privacy and trade secrets; highlights the need to assess in that connection whether EU rules on intellectual property are capable of protecting the data needed for the development of AI; considers that comprehensive information should be provided on the use of data protected by IPRs, in particular in the context of platform-to-business relationships;
Amendment 24 #
2020/2012(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Union has a strict legal framework in place to ensure, inter alia, the protection of personal data and privacy and against discrimination, promote gender balance, environment protection and consumers’ rights;
Amendment 25 #
2020/2012(INL)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas such an extensive body of horizontal and sectoral legislation , including the existing rules on product safety and liability, will continue to apply in relation to artificial intelligence, robotics and related technologies, although certain adjustments to specific legal instruments may be necessary to reflect the digital transformation and address new challenges posed by the use of artificial intelligence;
Amendment 26 #
2020/2012(INL)
Motion for a resolution
Recital E
Recital E
E. whereas such questions should be addressed through a comprehensivein addition to adjustments to existing legislation a common and future-proof legal framework reflecting the Union’s principles and values as enshrined in the Treaties and the Charter of Fundamental Rights that wouldis needed to address the ethical questions related to development, deployment and use of artificial intelligence, robotics and related technologies in order to bring legal certainty to businesses and citizens alike;
Amendment 36 #
2020/2012(INL)
Motion for a resolution
Recital F
Recital F
F. whereas for the scope of thatsuch regulatory framework to be adequate it should cover a wide range of technologies and their components, including algorithms, software and data used or produced by them, proportionate and avoid the creation of unnecessary burdens, especially for SMEs, it should cover only those technologies in relation to which, considering their intended use and the sectors where they are employed, significant risk can be expected to occur;
Amendment 40 #
2020/2012(INL)
Motion for a resolution
Recital G
Recital G
G. whereas that framework should encompass all situations requiring due consideration of the Union’s principles and values, namely development, deployment and use of the relevant high-risk technologies and their components;
Amendment 42 #
2020/2012(INL)
Motion for a resolution
Recital H
Recital H
H. whereas a harmonised approach to ethical principles relating to high-risk artificial intelligence, robotics and related technologies requires a common understanding in the Union of those concepts and of concepts such as algorithms, software, data or biometric recognition;
Amendment 46 #
2020/2012(INL)
Motion for a resolution
Recital I
Recital I
I. whereas action at Union level is justified by the need for a homogenous application of common ethical principles when developing, deploying and using high-risk artificial intelligence, robotics and related technologies;
Amendment 60 #
2020/2012(INL)
Motion for a resolution
Recital L
Recital L
Amendment 66 #
2020/2012(INL)
Motion for a resolution
Subheading 2
Subheading 2
Human-centric and human-made artificial intelligence
Amendment 72 #
2020/2012(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Declares that the development, deployment and use of high-risk artificial intelligence, robotics and related technologies, including but not exclusively by human beings, should always respect human agency and oversight, as well as allow the retrieval of human control at any timewhen needed;
Amendment 81 #
2020/2012(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the determination of whether artificial intelligence, robotics and related technologies are to be considered high-risk as regards compliance with ethical principles should always follow from an impartial, regulated and external assessmentwhen, considering their intended use and the critical sectors where they are employed, their autonomous operation involves a significant potential to cause harm to one or more persons, in a manner that is random and impossible to predict in advance; considers that the significance of the risks depends on the interplay between the severity of possible harm, the likelihood that the risk materialises and the manner in which the technologies are being used;
Amendment 97 #
2020/2012(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Maintains that high-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies should be developed in a secure, technically rigorous manner and in good faith;
Amendment 112 #
2020/2012(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that the development, deployment and use of high-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should respect human dignity and ensure equal treatment for all;
Amendment 120 #
2020/2012(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Affirms that possible bias in and discrimination by software, algorithms and data should be addressed by setting rules for the processes through which they are designed and used, as this approach would have the potential to turn software, algorithms and data into a considerable counterbalance to unfair bias and discrimination, and a positive force for social change;
Amendment 126 #
2020/2012(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises that socially responsible artificial intelligence, robotics and related technologies shouldhas a role to play in contributing to find solutions that safeguard and promote fundamental values of our society such as democracy, diverse and independent media and objective and freely available information, health and economic prosperity, equality of opportunity, workers’ and social rights, quality education, cultural and linguistic diversity, gender balance, digital literacy, innovation and creativity;
Amendment 139 #
2020/2012(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Insists that the developmenter, deploymenters and users of these technologies should not causebe held responsible for injury or harm of any kind to individuals or society in accordance with the relevant Union and national liability rules;
Amendment 143 #
2020/2012(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. States that it is essential thathigh-risk artificial intelligence, robotics and related technologies can contribute to finding solutions to support the achievement of sustainable development, climate neutrality and circular economy goals; the development, deployment and use of these technologies should be environmentally friendly, and contribute to minimising any harm caused to the environment during their lifecycle and across their entire supply chain in line with Union law;
Amendment 154 #
2020/2012(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that the possibility provided by thesehigh-risk technologies of using personal data and non-personal data to categorise and micro-target people, identify the vulnerabilities of individuals, or exploit accurate predictive knowledge, has to be counterweighted by the principles of data minimisation, the right to obtain an explanation of a decision based on automated processing and privacy by design, as well as those of proportionality, necessity and limitation based on purpose in compliance with GDPR;
Amendment 155 #
2020/2012(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 166 #
2020/2012(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that appropriate governance of the development, deployment and use of high-risk artificial intelligence, robotics and related technologies, including by having measures in place focusing on accountability and addressing potential risks of unfair bias and discrimination, increases citizens’ safety and trust in those technologies;
Amendment 174 #
2020/2012(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Observes that data are used in large volumes in the development of high-risk artificial intelligence, robotics and related technologies and that the processing, sharing of and access to such data must be governed in accordance with the requirements of quality, integrity, security, privacy and control;
Amendment 186 #
2020/2012(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes the added value of having national supervisory authorities in each Member State responsible for ensuring, assessing and monitoring compliance with ethical principles for the development, deployment and use of high-risk artificial intelligence, robotics and related technologies;
Amendment 190 #
2020/2012(INL)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls for such authorities to be tasked with promoting regular exchanges with civil society and innovation within the Union by providing assistance to concerned stakeholders, in particular small and medium-sized enterprises or start-ups;
Amendment 194 #
2020/2012(INL)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Suggests that, in the context of such a cooperation, common criteria and an application process be developed for the granting of a European certificate of ethical compliance following a request by any developer, deployer or user seeking to certify the positive assessment of compliance carried out by the respective national supervisory authority;
Amendment 195 #
2020/2012(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 203 #
2020/2012(INL)
Motion for a resolution
Subheading 11
Subheading 11
Amendment 209 #
2020/2012(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 215 #
2020/2012(INL)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 227 #
2020/2012(INL)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 233 #
2020/2012(INL)
Motion for a resolution
Subheading 12
Subheading 12
Amendment 235 #
2020/2012(INL)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 247 #
2020/2012(INL)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses that the Union’s ethical principles for the development, deployment and use of these high-risk technologies should be promoted worldwide by cooperating with international partners and liaising with third countries with different development and deployment models.
Amendment 254 #
2020/2012(INL)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 261 #
2020/2012(INL)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Concludes, following the above reflections on aspects related to the high- risk ethical dimension of artificial intelligence, robotics and related technologies, that the ethical dimension should be framed as a series of principles resulting in a legal framework at Union level supervised by national competent authorities, coordinated and enhanced by a European Agency for Artificial Intelligence and duly respected and certified within the internal market;
Amendment 267 #
2020/2012(INL)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Following the procedure of Article 225 of the Treaty on the Functioning of the European Union, requests the Commission to submit a proposal for a Regulation on ethical principles for the development, deployment and use of high-risk artificial intelligence, robotics and related technologies on the basis of Article 114 of the Treaty on the Functioning of the European Union and following the detailed recommendations set out in the annex hereto;
Amendment 275 #
2020/2012(INL)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Considers that the requested proposal woulddoes not have financial implications if a new European Agency for Artificial Intelligence is set up;
Amendment 279 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point I – indent 1
Annex I – part A – point I – indent 1
- to build trust in high-risk artificial intelligence, robotics and related technologies by ensuring that these technologies will be developed, deployed and used in an ethical manner;
Amendment 284 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point I – indent 2
Annex I – part A – point I – indent 2
- to support the development of high- risk artificial intelligence, robotics and related technologies in the Union, including by helping businesses and start- ups to assess and address regulatory requirements and risks during the development process;
Amendment 288 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point I – indent 3
Annex I – part A – point I – indent 3
- to support deployment of high-risk artificial intelligence, robotics and related technologies in the Union by providing the appropriate regulatory framework;
Amendment 290 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point I – indent 4
Annex I – part A – point I – indent 4
- to support use of high-risk artificial intelligence, robotics and related technologies in the Union by ensuring that they are developed, deployed and used in an ethical manner;
Amendment 292 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point I – indent 5
Annex I – part A – point I – indent 5
- to require better information flows among citizens and within organisations developing, deploying or using high-risk artificial intelligence, robotics and related technologies as a means of ensuring that these technologies are compliant with the ethical principles of the proposed Regulation.
Amendment 293 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point II – indent 1
Annex I – part A – point II – indent 1
- a “Regulation on ethical principles for the development, deployment and use of high-risk artificial intelligence, robotics and related technologies”;
Amendment 296 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point II – indent 2
Annex I – part A – point II – indent 2
Amendment 299 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point II – indent 4
Annex I – part A – point II – indent 4
- the work carried out by the “Supervisory Authority” in each Member State to ensure that ethical principles are applied to high-risk artificial intelligence, robotics and related technologies;
Amendment 303 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point III – introductory part
Annex I – part A – point III – introductory part
III. The “Regulation on ethical principles for the development, deployment and use of high-risk artificial intelligence, robotics and related technologies” builds on the following principles:
Amendment 305 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point III – indent 1
Annex I – part A – point III – indent 1
- human-centric and human-made artificial intelligence, robotics and related technologies;
Amendment 309 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point III – indent 4
Annex I – part A – point III – indent 4
- safeguards against unfair bias and discrimination;
Amendment 312 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point III – indent 6
Annex I – part A – point III – indent 6
- environmentally friendly and sustainable artificial intelligence, robotics and related technologies;
Amendment 317 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point IV – indent 1 a (new)
Annex I – part A – point IV – indent 1 a (new)
- to issue guidance as regards the application of the proposed Regulation in order to ensure its consistent application, namely regarding the application of the criteria for artificial intelligence, robotics and related technologies to be considered high-risk;
Amendment 319 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point IV – indent 1 b (new)
Annex I – part A – point IV – indent 1 b (new)
- to liaise with the “Supervisory Authority” in each Member State;
Amendment 326 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point V
Annex I – part A – point V
Amendment 328 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point V – indent 1
Annex I – part A – point V – indent 1
Amendment 330 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point V – indent 2
Annex I – part A – point V – indent 2
Amendment 332 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point V – indent 3
Annex I – part A – point V – indent 3
Amendment 335 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point V – indent 4
Annex I – part A – point V – indent 4
Amendment 337 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point V – indent 5
Annex I – part A – point V – indent 5
Amendment 342 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VI – indent 1
Annex I – part A – point VI – indent 1
- to assess whether artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed and used in the Union are high-risk technologies in accordance with the criteria defined in the proposed Regulation;
Amendment 347 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VI – indent 2 a (new)
Annex I – part A – point VI – indent 2 a (new)
- to issue a certificate of compliance with ethical principles, in line with common criteria and an application process developed in cooperation with other Supervisory Authorities, the European Commission and other relevant institutions, bodies, offices and agencies of the Union;
Amendment 348 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VI – indent 3
Annex I – part A – point VI – indent 3
- to contribute to the consistent application of the proposed Regulation in cooperation with other Supervisory Authorities, the European Commission and other relevant institutions, bodies, offices and agencies of the Union, namely regarding the application of the criteria for artificial intelligence, robotics and related technologies to be considered high-risk by elaborating, in the context of such cooperation, a common and exhaustive list of high-risk artificial intelligence, robotics and related technologies in line with the criteria set out in this Regulation; and
Amendment 361 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VII
Annex I – part A – point VII
VII. The key role of stakeholders should be to engage with the Commission, the European Agency for Artificial Intelligence and the “Supervisory Authority” in each Member State.
Amendment 366 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 1
Annex I – part B – recital 1
(1) The development, deployment and use of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, are based on a desire to serve society. They can entail opportunities and risks, which should be addressed and regulated by a comprehensive legal framework of ethical principles to be complied with by high-risk technologies from the moment of the development and deployment of such technologies to their use.
Amendment 369 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 2
Annex I – part B – recital 2
(2) The level of compliance with the ethical principles regarding the development, deployment and use of high- risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies in the Union should be equivalent in all Member States, in order to efficiently seize the opportunities and consistently address the risks of such technologies. It should be ensured that the application of the rules set out in this Regulation throughout the Union is homogenous.
Amendment 370 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 3
Annex I – part B – recital 3
(3) In this context, the current diversity of the rules and practices to be followed across the Union poses a significant risk of fragmentation of the single market and to the protection of the well-being and prosperity of individuals and society alike, as well as to the coherent exploration of the full potential that artificial intelligence, robotics and related technologies have in promoting and preserving that well-being and prosperity. Differences in the degree of consideration of the ethical dimension inherent to these technologies can prevent them from being freely developed, deployed or used within the Union and such differences can constitute an obstacle to the pursuit of economic activities at Union level, distort competition and impede authorities in the fulfilment of their obligations under Union law. In addition, the absence of a common framework of ethical principles for the development, deployment and use of high-risk artificial intelligence, robotics and related technologies results in legal uncertainty for all those involved, namely developers, deployers and users.
Amendment 377 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 6
Annex I – part B – recital 6
(6) A common understanding in the Union of notions such as artificial intelligence, robotics, related technologies, algorithms and biometric recognition is required in order to allow for a harmonized regulatory approach. However, the specific legal definitions need to be developed in the context of this Regulation without prejudice to other definitions used in other legal acts and international jurisdictions.
Amendment 385 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 7
Annex I – part B – recital 7
(7) The development, deployment and use of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should be such as to ensure that the best interests of citizens are considered, and shouldby respecting fundamental rights as set out in the Charter of Fundamental Rights of the European Union (‘the Charter’), settled case-law of the Court of Justice of the European Union, and other European and international instruments which apply in the Union.
Amendment 387 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 8
Annex I – part B – recital 8
(8) AHigh-risk artificial intelligence, robotics and related technologies have been provided with the ability to learn from data and experience, as well as to take founded decisions. Such capacities need to remain subject to meaningful human review, judgment, intervention and control. The technical and operational complexity of such technologies should never prevent their deployer or user from being able to, at the very least, alter or halt them in cases where the compliance with the principles set out in this Regulation is at risk.
Amendment 393 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 9
Annex I – part B – recital 9
(9) Any artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, which entails a are to be considered high -risk, of breaching the principles of safety, transparency, accountability, non-bias or non- discrimination, social responsibility and gender balance, environmental friendliness and sustainability, privacy and governance, should be considered high-risk from a compliance with ethical principles perspective where that is the conclusion of an impartial, regulated and external risk assessment by the national supervisory authorityn the basis of an impartial, objective and external risk assessment by the national supervisory authority when, considering their intended use and the critical sectors where they are employed, their autonomous operation involves a significant potential to cause harm to one or more persons, in a manner that is random and impossible to predict in advance.
Amendment 395 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 9 a (new)
Annex I – part B – recital 9 a (new)
(9a) Determining how significant the potential to cause harm or damage by high-risk artificial intelligence, robotics and related technologies should depend on the interplay between the severity of possible harm, the likelihood that the risk materialises and the manner in which the technologies are being used. The degree of severity should be determined based on the extent of the potential harm resulting from the operation, the number of affected persons, the total value of the potential damage as well as the harm to society as a whole. The likelihood should be determined based on the role of the algorithmic calculations in the decision- making process, the complexity of the decision and the reversibility of the effects. Ultimately, the manner of usage should depend, among other things, on whether, taking into account the specific sector in which the artificial intelligence, robotics and related technologies operate, it could have legal or factual effects on important legally protected rights of the affected person, and whether the effects can reasonably be avoided.
Amendment 397 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 10
Annex I – part B – recital 10
Amendment 404 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 11
Annex I – part B – recital 11
(11) To be trustworthy high-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies should be developed, deployed and used in a safe, transparent and accountable manner based on the features of robustness, resilience, security, accuracy and error identification, explainability and identifiability, and in a manner that makes it possible to be temporarily disabled and to revert to historical functionalities in cases of non- compliance with those safety features.
Amendment 407 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 13
Annex I – part B – recital 13
(13) Developers and deployers should make available to users any subsequent updates of the technologies concerned, namely in terms of software, in accordance with the obligations stipulated in the contract or laid down in Union or national law.
Amendment 410 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 14
Annex I – part B – recital 14
(14) To the extent that their involvement with those technologies influences the compliance with the safety, transparency and accountability requirements set out in this Regulation, users should use high-risk artificial intelligence, robotics and related technologies in good faith. This means, in particular, that they should not use those technologies in a way thaccordance with the safety and use instructions provided by the developer and/or the deployer and in a way that does not contravenes the ethical principles laid down in this legal framework and the requirements listed therein. Beyond such use in good faith, users should be exempt from any responsibility that otherwise falls upon developers and deployers as established in this Regulation.
Amendment 413 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 15
Annex I – part B – recital 15
(15) The citizens’ trust in high-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, depends on the understanding and comprehension of the technical processes. The degree of explainability of such processes should depend on the context and the severity of the consequences of an erroneous or inaccurate output of those technical processes, and needs to be sufficient for challenging them and seeking redress. Auditability and traceability should remedy the possible unintelligibility of such technologies.
Amendment 416 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 16
Annex I – part B – recital 16
(16) Society’s trust in high-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, depends on the degree to which their assessment, auditability and traceability are enabled in the technologies concerned. Where the extent of their involvement so requires, developers should ensure that such technologies are designed and built in a manner that enables such an assessment, auditing and traceability. Deployers and users should ensure that artificial intelligence, robotics and related technologies are deployed and used in full respect of transparency requirements, and allowing auditing and traceability.
Amendment 425 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 21
Annex I – part B – recital 21
(21) Artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, should perform on the basis ofcontribute to sustainable progress. Such technologies should contribute comprehensively to thecan also play an important role in achievementing of the Sustainable Development Goals outlined by the United Nations with a view to enabling future generations to flourish. Such technologies can support the monitoring of adequate progress on the basis of sustainability and social cohesion indicators, and by using responsible research and innovation tools requiring the mobilisation of resources by the Union and its Member States to support and invest in projects addressing those goals.
Amendment 427 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 22
Annex I – part B – recital 22
(22) The development, deployment and use of high-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should in no way cause injury or harm of any kind to individuals or society. Accordingly, such technologies should be developed, deployed and used in a socially responsible manner. and, therefore,
Amendment 428 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 23
Annex I – part B – recital 23
(23) For the purposes of this Regulation, dDevelopers, deployers and users should be held responsible, to the extent of their involvement in the artificial intelligence, robotics and related technologies concerned, for any injury or harm inflicted upon individuals and society in accordance with Union and national liability rules.
Amendment 429 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 24
Annex I – part B – recital 24
Amendment 430 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 25
Annex I – part B – recital 25
(25) Socially responsible artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, can be defined as technologies which bothcontribute to find solutions that safeguard and promote a number of different aspects of society, most notably democracy, health and economic prosperity, equality of opportunity, workers’ and social rights, diverse and independent media and objective and freely available information, allowing for public debate, quality education, cultural and linguistic diversity, gender balance, digital literacy, innovation and creativity. Nevertheless, those requirements shall be applicable only to high-risk artificial intelligence, robotics and related technologies. They are also those that are developed, deployed and used having due regard for their ultimate impact on the physical and mental well- being of citizens.
Amendment 433 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 26
Annex I – part B – recital 26
(26) These technologies shouldcan also be developed, deployed and used with a view to supporting social inclusion, plurality, solidarity, fairness, equality and cooperation and their potential in that context should be maximized and explored through research and innovation projects. The Union and its Member States should therefore mobilise their resources for the purpose of supporting and investing in such projects.
Amendment 436 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 28
Annex I – part B – recital 28
(28) The development, deployment and use of high-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should take into consideration their environmental footprint and should not cause harm to the environment during their lifecycle and across their entire supply chain. Accordingly,. In line with the obligations laid down in Union law, high-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies should be developed, deployed and used in an environmentally friendlysustainable manner that supports the achievement of climate neutrality and circular economy goals.
Amendment 439 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 29
Annex I – part B – recital 29
(29) For the purpoDevelopers, deployers and users of this Regulation, developers, deployers and usershigh-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should be held responsible, to the extent of their involvement in the development, deployment or use of the artificial intelligence, robotics and related technologies concerned, for any harm caused to the environment in accordance with the applicable environmental liability rules.
Amendment 441 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 30
Annex I – part B – recital 30
Amendment 442 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 31
Annex I – part B – recital 31
(31) These technologies should also be developed, deployed and used with a view to supporting the achievement of environmental goals prescribed in Union law, such as reducing waste production, diminishing the carbon footprint, preventing climate change and avoiding environmental degradation, and their potential in that context should be maximized and explored through research and innovation projects. The Union and the Member States should therefore mobilise their resources for the purpose of supporting and investing in such projects.
Amendment 446 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 33
Annex I – part B – recital 33
(33) AnyHigh-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed and used in the Union should fully respect Union citizens’ rights to privacy and protection of personal data. In particular, their development, deployment and use should be in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council1 and Directive 2002/58/EC of the European Parliament and of the Council2 . __________________ 1Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 2 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
Amendment 447 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 34
Annex I – part B – recital 34
(34) TIn particular, the ethical boundaries of the use of artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, should be duly considered when using remote recognition technologies, such as biometric recognition, to automatically identify individuals. When these technologies are used by public authorities during times of national emergency, such as during a national health crisis, the use should be proportionate and criteria for that use defined in order to be able to determine whether, when and how it should take place, and such use should be mindful of its psychological and sociocultural impact with due regard for human dignity and the fundamental rights set out in the Charter.
Amendment 451 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 35
Annex I – part B – recital 35
(35) Governance that is based on relevant standards enhances safety and promotes the increase of citizens’ trust in the development, deployment and use of high-risk artificial intelligence, robotics and related technologies including software, algorithms and data used or produced by such technologies.
Amendment 457 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 37
Annex I – part B – recital 37
(37) Sharing and use of data by multiple participants is sensitive and therefore the development, deployment and use of high- risk artificial intelligence, robotics and related technologies should be governed by relevant rules, standards and protocols reflecting the requirements of quality, integrity, security, privacy and control. The data governance strategy should focus on the processing, sharing of and access to such data, including its proper management and traceability, and guarantee the adequate protection of data belonging to vulnerable groups, including people with disabilities, patients, children, minorities and migrants.
Amendment 463 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 38
Annex I – part B – recital 38
(38) The effective application of the ethical principles laid down in this Regulation will largely depend on Member States’ appointment of an independent public authority to act as a supervisory authority. In particular, each national supervisory authority should be responsible for assessing and monitoring the compliance of artificial intelligence, robotics and related technologies considered a high-risk in light of the obligationsjective criteria set out in this Regulation.
Amendment 469 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 40 a (new)
Annex I – part B – recital 40 a (new)
(40a) In the context of such cooperation, national supervisory authorities, together with the European Commission and other relevant institutions, bodies, offices and agencies of the Union, should elaborate a common and exhaustive list of high-risk artificial intelligence, robotics and related technologies in line with the criteria set out in this Regulation and develop common criteria and an application process should be developed for the granting of a European certificate of ethical compliance.
Amendment 472 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 42 a (new)
Annex I – part B – recital 42 a (new)
(42a) Full harmonisation approach is needed at the European level. Therefore, the European Commission shall be tasked to find an appropriate solution to structure such an approach. The goal is to avoid creation of another one agency. Instead, we have to find strict rules and guidelines for cooperation between Member States.
Amendment 474 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 43
Annex I – part B – recital 43
Amendment 481 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 46
Annex I – part B – recital 46
Amendment 487 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 1 – paragraph 1
Annex I – part B – Article 1 – paragraph 1
The purpose of this Regulation is to establish a regulatory framework of ethical principles for the development, deployment and use of high-risk artificial intelligence, robotics and related technologies in the Union.
Amendment 490 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 2 – paragraph 1
Annex I – part B – Article 2 – paragraph 1
This Regulation applies to high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed or used in the Union.
Amendment 491 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 2 – paragraph 1 a (new)
Annex I – part B – Article 2 – paragraph 1 a (new)
1a. This Regulation shall not apply to artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed or used in the Union which are not considered high-risk.
Amendment 495 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point a
Annex I – part B – Article 4 – paragraph 1 – point a
(a) ‘artificial intelligence’ means software systems that, inter alia, collect, process and interpret structured or unstructured data, identify patterns and establish models in order to reach conclusions or take actions in the physical or virtual dimension basdisplay intelligent behaviour by analysing certain input and taking action, with some degree of autonomy, to achieve specific goals. AI systems can be purely software-based, acting in virtual world, or can be embedded oin such conclusionhardware devices;
Amendment 504 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point f a (new)
Annex I – part B – Article 4 – paragraph 1 – point f a (new)
(fa) ‘autonomous’ means an artificial intelligence, robotics or related technology that operates by perceiving certain input and without needing to follow a set of pre-determined instructions, despite its behaviour being constrained by the goal it was given and other relevant design choices made by its developer;
Amendment 505 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point f b (new)
Annex I – part B – Article 4 – paragraph 1 – point f b (new)
(fb) ‘high risk’ means a significant potential in an autonomously operating artificial intelligence, robotics and related technology to cause harm or damage to one or more persons in a manner that is random and impossible to predict in advance, considering its intended use and the critical sector where it is employed;[FDCM1] the significance of the potential depends on the interplay between the severity of possible harm or damage, the likelihood that the risk materialises and the manner in which the AI-system is being used;
Amendment 518 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point o
Annex I – part B – Article 4 – paragraph 1 – point o
(o) ‘injury or harm’ means physical, emotional or mental injury, bias, discrimination or stigmatization, suffering caused by a lack of inclusivity and diversitysuch as hate speech, loss of privacy bias, financial or economic loss, loss of employment or educational opportunity, undue restriction of freedom of choice, wrongful conviction, environmental harmand expression and any infringement of Union law that is detrimental to a person;
Amendment 523 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point p
Annex I – part B – Article 4 – paragraph 1 – point p
(p) ‘governance’ means the manner of ensuring that the highestappropriate standards and the appropriate protocols of behaviour are adopted and observed by developers, deployers and users, based on a formal set of rules, procedures and values, and which allows them to deal appropriately with ethical matters as or before they arise.
Amendment 525 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 5 – paragraph 1
Annex I – part B – Article 5 – paragraph 1
1. Any high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be developed, deployed and used in the Union in accordance with the ethical principles laid down in this Regulation.
Amendment 526 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 5 – paragraph 2
Annex I – part B – Article 5 – paragraph 2
2. The development, deployment and use of high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be carried out in a manner thatthe best interest of citizens and contribute to protect the social, economic and well-being of society by ensuresing that human dignity and the fundamental rights set out in the Charter are fully respected.
Amendment 527 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 5 – paragraph 3
Annex I – part B – Article 5 – paragraph 3
Amendment 531 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 6 – title
Annex I – part B – Article 6 – title
Human-centric and human-made artificial intelligence
Amendment 532 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 6 – paragraph 1
Annex I – part B – Article 6 – paragraph 1
1. Any high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be developed, deployed and used in a human- centric manner with the aim of contributing to the existence of a democratic, pluralistic and equitable society by safeguarding human autonomy and decision-making and ensuring human agency.
Amendment 535 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 6 – paragraph 2
Annex I – part B – Article 6 – paragraph 2
2. The technologies listed in paragraph 1 shall be developed, deployed and used in a manner that guarantees full human oversight at any time, in particular where that development, deployment or use entails a risk of breaching the ethical principles set out in this Regulation.
Amendment 538 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 6 – paragraph 3
Annex I – part B – Article 6 – paragraph 3
3. The technologies listed in paragraph 1 shall be developed, deployed and used in a manner that allows human control to be regained at any timewhen needed, including through the altering or halting of those technologies, when that development, deployment or use entails a risk of breaching the ethical principles set out in this Regulation.
Amendment 541 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 7 – paragraph 1
Annex I – part B – Article 7 – paragraph 1
1. For the purposes of this Regulation, artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, which entail a significant risk of breaching the ethical principles set out in this Regulation shall be considered high-risk technologiesshall be considered high-risk technologies when, considering their intended use and the critical sectors where they are employed in accordance with the Annex to this Regulation, their autonomous operation involves a significant potential to cause harm to one or more persons, in a manner that is random and impossible to predict in advance. Determining the significance of the potential shall depends on the interplay between the severity of possible harm or damage, the likelihood that the risk materializes and the manner in which the AI-system is being used.
Amendment 543 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 7 – paragraph 1 a (new)
Annex I – part B – Article 7 – paragraph 1 a (new)
1a. The risk assessment of artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be carried out by the national supervisory authorities referred to in Article 14 on the basis of a common and exhaustive list of high-risk artificial intelligence, robotics and related technologies in accordance with the objective criteria provided for in paragraph 1 of this Article and elaborated jointly by the national supervisory authorities, the European Commission and other relevant institutions, bodies, offices and agencies of the Union in the context of their cooperation.
Amendment 545 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 7 – paragraph 2 a (new)
Annex I – part B – Article 7 – paragraph 2 a (new)
2a. Upon request by any developer, deployer or user of high-risk artificial intelligence, robotics and related technologies are considered high-risk technologies seeking to certify the positive assessment of compliance carried out, the respective national supervisory authority shall issue a European certificate of ethical compliance. Such a European certificate of ethical compliance shall be issued in accordance with the common criteria and an application process developed jointly by the national supervisory authorities, the European Commission and other relevant institutions, bodies, offices and agencies of the Union in the context of their cooperation.
Amendment 546 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 7 – paragraph 3
Annex I – part B – Article 7 – paragraph 3
Amendment 548 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 7 a (new)
Annex I – part B – Article 7 a (new)
Article 7a Voluntary labelling scheme for non high- risk AI technologies 1. For artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies that do not qualify as high-risk and that are not subject to the mandatory requirements and risk assessment established by this Regulation, a voluntary labelling scheme should be established. 2. Under such a voluntary labelling scheme, interested economic operators can decide to make themselves subject either to the requirements listed in this Regulation or to a specific set of similar requirements especially established for the purposes of the voluntary scheme by national authorities. 3. The economic operators concerned shall be awarded a quality label for their artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, provided that those technologies comply with the applicable requirements in accordance with paragraph 2 of this Article.
Amendment 549 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1 – introductory part
Annex I – part B – Article 8 – paragraph 1 – introductory part
1. Any high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed or used in the Union shall be developed, deployed and used in a manner that ensures they do not breach the ethical principles set out in this Regulation. In particular, they shall be:
Amendment 553 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1 – point b
Annex I – part B – Article 8 – paragraph 1 – point b
(b) developed, deployed and used in a resilient manner so that they ensure an adequate level of security, and one that prevents any technical vulnerabilities from being exploited for unfairmalicious or unlawful purposes;
Amendment 555 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1 – point c
Annex I – part B – Article 8 – paragraph 1 – point c
(c) developed, deployed and used in a secure manner that ensures there are safeguards that include a fall-back plan and action in case of a risk of a breach of the ethical principles set out in this Regulationsafety or security risk;
Amendment 558 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1 – point d
Annex I – part B – Article 8 – paragraph 1 – point d
(d) developed, deployed and used in a manner that ensures that there is trust that the performance is reliable as regards reaching the aims and carrying out the activities they have been conceived for, including by ensuring that all operations are reproducible;
Amendment 563 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1 – point g
Annex I – part B – Article 8 – paragraph 1 – point g
(g) developed, deployed and used in a manner such that they are capable of warning users that they are interacting with artificial intelligence systems, duly disclosing their capabilities, accuracy and limitations to artificial intelligence developers, deployers and users;
Amendment 566 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 2
Annex I – part B – Article 8 – paragraph 2
2. In accordance with Article 6(2), the technologies mentioned in paragraph 1 shall be developed, deployed and used in transparent and traceable manner so that their elements, processes and phases are documented to the highest possible standards, and that it is possible for the national supervisory authorities referred to in Article 14 to assess the compliance of such technologies with the obligations set out in this Regulation. In particular, the developer, deployer or user of those technologies shall be responsible for, and be able to demonstrate, compliance with the safety features set out in paragraph 1.
Amendment 572 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 4
Annex I – part B – Article 8 – paragraph 4
4. Users shall be presumed to have complied with the obligations set out in this Article where their use of artificial, robotics and related technologies, including software, algorithms and data used or produced by such technologies, is carried out in good faith in accordance with the safety and use instructions provided by the developed and/or the deployer and in no way contravenesing the ethical principles laid down in this Regulation.
Amendment 573 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 9 – paragraph 1
Annex I – part B – Article 9 – paragraph 1
1. Any high-risk software, algorithm or data used or produced by artificial intelligence, robotics and related technologies developed, deployed or used in the Union shall be such as to ensure respect for human dignity and equal treatment for all in line with Union law.
Amendment 577 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 9 – paragraph 2
Annex I – part B – Article 9 – paragraph 2
2. Any high-risk software, algorithm or data used or produced by artificial intelligence, robotics and related technologies developed, deployed or used in the Union shall be unbiased and, without prejudice to paragraph 3, shall not discriminate on grounds such as race, gender, sexual orientation, pregnancy, disability, physical or genetic features, age, national minority, ethnic or social origin, language, religion or belief, political views or civic participation, citizenship, civil or economic status, education, or criminal record.
Amendment 582 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 1
Annex I – part B – Article 10 – paragraph 1
1. Any high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be developed, deployed and used in the Union in compliance with the relevant Union law, principles and values, in aa socially responsible manner that ensures optimal socialsocial well-being, environmental and economic outcomes that contributes to gender balance and that does not result in injury or harm of any kind to being caused to individuals or society in compliance with relevant Union laws, principles and values.
Amendment 583 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2
Annex I – part B – Article 10 – paragraph 2
Amendment 586 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2 – point a
Annex I – part B – Article 10 – paragraph 2 – point a
Amendment 588 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2 – point b
Annex I – part B – Article 10 – paragraph 2 – point b
Amendment 589 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2 – point c
Annex I – part B – Article 10 – paragraph 2 – point c
Amendment 592 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2 – point d
Annex I – part B – Article 10 – paragraph 2 – point d
Amendment 595 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2 – point e
Annex I – part B – Article 10 – paragraph 2 – point e
Amendment 600 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 3
Annex I – part B – Article 10 – paragraph 3
3. The Union and its Member States shall encourage research projects intended to provide solutions, based on artificial intelligence, robotics and related technologies, that seek to promote social inclusion, democracy, plurality, solidarity, fairness, equality and cooperation.
Amendment 601 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 4
Annex I – part B – Article 10 – paragraph 4
Amendment 604 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 11 – title
Annex I – part B – Article 11 – title
Environmental friendliness and sustainability
Amendment 606 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 11 – paragraph 1
Annex I – part B – Article 11 – paragraph 1
1. Any high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be developed, deployed or used in the Union in compliance with Union law, principles and values, in a manner that ensures optimal environmentally friendlysustainable outcomes and minimises their environmental footprint during their lifecycle and through their entire supply chain, in order to support the achievement of climate neutrality and circular economy goals in accordance with the applicable Union law.
Amendment 611 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 11 – paragraph 3
Annex I – part B – Article 11 – paragraph 3
3. Any high-risk artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be assessed as to their environmental friendliness and sustainability by the national supervisory authorities, referred to in Article 14, ensuring that measures are put in place to mitigate their general impact as regards natural resources, energy consumption, waste production, the carbon footprint, climate change and environmental degradation in order to ensure compliance with the applicable Union or national law.
Amendment 616 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 12 – paragraph 1 a (new)
Annex I – part B – Article 12 – paragraph 1 a (new)
1a. The use and gathering of biometric data for remote identification purposes for deployment of facial recognition in public area, carries specific risk for fundamental rights and shall be limited only to substantial public interest in accordance with EU data protection rules and, in particular, the GDPR. In that case, the processing must take place on the basis of Union or national law, subject to the requirements of proportionality, respect for the essence of the right to data protection and appropriate safeguards and in compliance with Article 12(1).
Amendment 617 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 12 – paragraph 2
Annex I – part B – Article 12 – paragraph 2
Amendment 631 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 14 – paragraph 1
Annex I – part B – Article 14 – paragraph 1
1. Each Member State shall designate an independent public authority to be responsible for monitoring the application of this Regulation (‘supervisory authority’). In accordance with Article 7(1) and (2), each national supervisory authority shall be responsible for assessing whether artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed and used in the Union are high- risk technologies and, if so, for assessing and monitoring their compliance with the ethical principles set out in this Regulation.
Amendment 645 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 15
Annex I – part B – Article 15
Amendment 646 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 15 – paragraph 1
Annex I – part B – Article 15 – paragraph 1
Amendment 647 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 16
Annex I – part B – Article 16
Amendment to Directive (EU) No Directive (EU) No 2019/1937 is amended as follows: (1) In Article 2(1), the following point is added: ‘ ‘(xi) development, deployment and use artificial intelligence, robotics and related technologies.’ (2) In Part I of the Annex, the following point is added: ‘K. Point (a)(xi) of Article 2(1) - development, deployment and use artificial intelligence, robotics and related technologies. “(xxi) Regulation [XXX] of the European Parliament and of the Council on ethical principles for the development, deployment and use artificial intelligence, robotics and related technologies”.’rticle 16 deleted 2019/1937
Amendment 648 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 16 – paragraph 1 – point 1
Annex I – part B – Article 16 – paragraph 1 – point 1
Amendment 649 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 16 – paragraph 1 – point 2
Annex I – part B – Article 16 – paragraph 1 – point 2
Amendment 652 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Annex (new)
Annex I – part B – Annex (new)
Amendment 79 #
2020/0374(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Core platform services, at the same time, feature a number of characteristics that can be exploited by their providers. These characteristics of core platform services include among others extreme scale economies, which often result from nearly zero marginal costs to add business users or end users. Other characteristics of core platform services are very strong network effects, an ability to connect many business users with many end users through the multi-sidedness of these services, a significant degree of dependence of both business users and end users, lock-in effects, a lack of multi- homing for the same purpose by end users, vertical integration, and data driven- advantages. All these characteristics combined with unfair conduct by providers of these services can have the effect of substantially undermining the contestability of the core platform services, as well as impacting the fairness of the commercial relationship between providers of such services and their business users and end users, leading to rapid and potentially far-reaching decreases in business users’ and end users’ choice in practice, and therefore can confer to the provider of those services the position of a so-called gatekeeper, depending on their size.
Amendment 80 #
2020/0374(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) It follows that the market processes and ex-post competition law are often incapable of ensuring fair economic outcomes with regard to core platform services. Whereas Articles 101 and 102 TFEU remain applicable to the conduct of gatekeepers, their scope is limited to certain instances of market power (e.g. dominance on specific markets) and of anti-competitive behaviour, while enforcement occurs ex post and requires an extensive investigation of often very complex facts on a case by case basis. Moreover, existing Union law does not address, or does not address effectively, the identified challenges to the well- functioning of the internal market posed by the conduct of gatekeepers, which are not necessarily dominant in competition-law terms.
Amendment 82 #
2020/0374(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Gatekeepers have a significant impact on the internal market, providing gateways for a very large number of business users, to reach end users, everywhere in the Union and on different markets. The adverse impact of unfair practices on the internal market and particularly weak contestability of core platform services, including their negative societal and economic implications, have led national legislators and sectoral regulators to act. A number of national regulatory solutions have already been adopted or proposed to address unfair practices and the contestability of digital services or at least with regard to some of them. This has created a risk of divergent regulatory solutions and thereby fragmentation and reduced certainty for users and businesses of the internal market, thus raising the risk of increased compliance costs due to different sets of national regulatory requirements.
Amendment 88 #
2020/0374(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Weak contestability and unfair practices in the digital sector are more frequent and pronounced for certain digital services than for others. This is the case in particular for widespread and commonly used digital services that mostly directly intermediate between business users and end users and where features such as extreme scale economies, very strong network effects, an ability to connect many business users with many end users through the multi-sidedness of these services, lock-in effects, a lack of multi- homing or vertical integration are the most prevalent. Often, there is only one or very few large providers of those digital services. These providers of core platform services have emerged most frequently as gatekeepers for business users and end users with far-reaching impacts, gaining the ability to easily set commercial conditions and terms in a unilateral and detrimental manner for their business users and end users. Accordingly, it is necessary to focus only on those digital services that are most broadly used by business users and end users and where, based on current and prospective market conditions, concerns about weak contestability and unfair practices by gatekeepers are more apparent and pressing from an internal market perspective.
Amendment 94 #
2020/0374(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In particular, online intermediation services, online search engines, operating systems, online social networking, video sharing platform services, number- independent interpersonal communication services, cloud computing services and, online advertising services and web browsers all have the capacity to affect a large number of end users and businesses alike, which entails a risk of unfair business practices. They therefore any digital service which focuses on software application as the intermediated product or service should be included in the definition of core platform services and fall into the scope of this Regulation. Online intermediation services may also be active in the field of financial services, and they may intermediate or be used to provide such services as listed non- exhaustively in Annex II to Directive (EU) 2015/1535 of the European Parliament and of the Council32 . In certain circumstances, the notion of end users should encompass users that are traditionally considered business users, but in a given situation do not use the core platform services to provide goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes. __________________ 32Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, OJ L 241, 17.9.2015, p. 1.
Amendment 95 #
2020/0374(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) A number of other ancillary services, such as identification or payment services and technical services which support the provision of payment services, may be provided by gatekeepers together with their core platform services. As gatekeepers frequently provide the portfolio of their services as part of an integrated ecosystem to which third-party providers of such ancillary services do not have access, at least not subject to equal conditions, and can link the access to the core platform service to take-up of one or more ancillary services, the gatekeepers are likely to have an increased ability and incentive to leverage their gatekeeper power from their core platform services to these ancillary services, to the detriment of choice and contestability of these services. Gatekeepers that provide ancillary services such as retailing or distribution activities that are targeted at end users alongside their core platform services and in a manner that is indistinguishable for the average user should also be subject to the obligations applicable to core platform services.
Amendment 98 #
2020/0374(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Providers of core platform services which meet the quantitative thresholds but are able to present sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, they do not fulfil the objective requirements for a gatekeeper, should not be designated directly, but only subject to a further investigation. The burden of adducing evidence that the presumption deriving from the fulfilment of quantitative thresholds should not apply to a specific provider should be borne by that provider In its assessment, the Commission should take into account only the elements which directly relate to the requirements for constituting a gatekeeper, namely whether it is an important gateway which is operated by a provider with a significant impact in the internal market with an entrenched and durable position, either actual or foreseeable. Any justification on economic grounds seeking to demonstrate efficiencies deriving from a specific type of behaviour by the provider of core platform services should be discardtherefore not be admitted, as it is not relevant to the designation as a gatekeeper. The Commission should be able to take a decision by relying on the quantitative thresholds where the provider significantly obstructs the investigation by failing to comply with the investigative measures taken by the Commission.
Amendment 102 #
2020/0374(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Designated gatekeepers should comply with the obligations laid down in this Regulation in respect of each of the core platform services listed in the relevant designation decision. The mandatory rules should apply taking into account the conglomerate position of gatekeepers and their ecosystem orchestrator power, where applicable. Furthermore, implementing measures based on Article 36 that the Commission may by decision impose on the gatekeeper following a regulatory dialogue should be designed in an effective manner, having regard to the features of core platform services as well as possible circumvention risks and in compliance with the principle of proportionality and the fundamental rights of the undertakings concerned as well as those of third parties.
Amendment 104 #
2020/0374(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The very rapidly changing and complex technological nature of core platform services requires a regular review of the status of gatekeepers, including those that are foreseen to enjoy a durable and entrenched position in their operations in the near future. To provide all of the market participants, including the gatekeepers, with the required certainty as to the applicable legal obligations, a time limit for such regular reviews is necessary. It is also important to conduct such reviews on a regular basis and at least every twohree years.
Amendment 105 #
2020/0374(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) To ensure the effectiveness of the review of gatekeeper status as well as the possibility to adjust the list of core platform services provided by a gatekeeper, the gatekeepers should inform the Commission and other competent national authorities of all of their intended and concluded acquisitions of other providers of core platform services or any other services provided within the digital sector. Such information should not only serve the review process mentioned above, regarding the status of individual gatekeepers, but will also provide information that is crucial to monitoring broader contestability trends in the digital sector and can therefore be a useful factor for consideration in the context of the market investigations foreseen by this Regulation.
Amendment 107 #
2020/0374(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To safeguard the fairness and contestability of core platform services provided by gatekeepers, it is necessary to provide in a clear and unambiguous manner for a set of harmonised obligations with regard to those services. Such rules are needed to address the risk of harmful effects of unfair practices imposed by gatekeepers, to the benefit of the business environment in the services concerned, to the benefit of users and ultimately to the benefit of society as a whole. Given the fast-moving and dynamic nature of digital markets, and the substantial economic power of gatekeepers, it is important that these obligations are effectively applied without being circumvented. To that end, the obligations in question should apply to any practicesrelevant behaviour by a gatekeeper, irrespective of its form and irrespective of whether it is of a contractual, commercial, technical or any other nature, insofar as a practice corresponds to the type of practicebehaviour that is the subject of one of the obligations of this Regulation.
Amendment 110 #
2020/0374(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The conduct of combining end user data from different sources or signing in users to different services of gatekeepers gives them potential advantages in terms of accumulation of data, thereby raising barriers to entry. To ensure that gatekeepers do not unfairly undermine the contestability of core platform services, they should enable their end users to freely choose to opt-in to such business practices by offering a less personalised alternative. The possibility should cover all possible sources of personal data, including those created by the own services of the gatekeeper as well as third party websites, and should be proactively presented to the end user in an explicit, clear and straightforward manner.
Amendment 113 #
2020/0374(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Because of their position, gatekeepers might in certain cases restrict the ability of business users of their online intermediation services to offer their goods or services to end users under more favourable conditions, including price, through other online intermediation services or their own websites or other distribution channels. Such restrictions have a significant deterrent effect on the business users of gatekeepers in terms of their use of alternative online intermediation services, limiting inter- platform contestability, which in turn limits choice of alternative online intermediation channels for end users. To ensure that business users of online intermediation services of gatekeepers can freely choose alternative online intermediation services and differentiate the conditions under which they offer their products or services to their end users, it should not be acceppermitted that gatekeepers limit business users from choosing to differentiate commercial conditions, including price. Such a restriction should apply to any measure with equivalent effect, such as for example increased commission rates or de- listing or less favourable ranking of the offers of business users.
Amendment 120 #
2020/0374(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To safeguard a fair commercial environment and protect the contestability of the digital sector it is important to safeguard the right of business users to raise concerns about unfair behaviour by gatekeepers with any relevant administrative or other public authorities, including national courts. For example, business users may want to complain about different types of unfair practices, such as discriminatory access conditions, unjustified closing of business user accounts or unclear grounds for product de-listings. Any practice that would in any way inhibit or impede such a possibility of raising concerns or seeking available redress, for instance by means of confidentiality clauses in agreements or other written terms, should therefore be prohibited. This should be without prejudice to the right of business users and gatekeepers to lay down in their agreements the terms of use including the use of lawful complaints-handling mechanisms, including any use of alternative dispute resolution mechanisms or of the jurisdiction of specific courts in compliance with respective Union and national law This should therefore also be without prejudice to the role gatekeepers play in the fight against illegal content online.
Amendment 122 #
2020/0374(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Gatekeepers should not restrict the free choice of end users by technically preventing switching between or subscription to different software applications and services. Gatekeepers should therefore ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and should not raise artificialunjustified technical barriers so as to make switching more difficult, impossible or ineffective. The mere offering of a given product or service to end users, including by means of pre- installation, as well the improvement of end user offering, such as better prices or increased quality, would not in itself constitute a barrier to switching.
Amendment 125 #
2020/0374(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The conditions under which gatekeepers provide online advertising services to business users including both advertisers and publishers are often non- transparent, complex and opaque. This opacity is partly linked to the practices of a few platforms, but is also due to the sheer complexity of modern day programmatic advertising. The sector is considered to have become more non-transparent after the introduction of new privacy legislation, and is expected to become even more opaque with the announced removal of third-party cookies. This often leads to a lack of information and knowledge for advertisers and publishers about the conditions of the advertising services they purchased and undermines their ability to switch to alternative providers of online advertising services. Furthermore, the costs of online advertising are likely to be higher than they would be in a fairer, more transparent and contestable platform environment. These higher costs are likely to be reflected in the prices that end users pay for many daily products and services relying on the use of online advertising. Transparency obligations should therefore require gatekeepers to provide advertisers and publishers to whom they supply online advertising services, when requested and to the extent possible, withith free of charge, effective, high quality, continuous and real-time information that allows both sides to understand the price paid for each of the different advertising services provided as part of the relevant advertising value chain and the availability and visibility of advertisement.
Amendment 128 #
2020/0374(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) A gatekeeper may in certain circumstances have a dual role as a provider of core platform services whereby it provides a core platform service to its business users, while also competing with those same business users in the provision of the same or similar services or products to the same end users, including as part of an ancillary service. In these circumstances, a gatekeeper may take advantage of its dual role to use data, generated from transactions by its business users on the core platform or from transactions on its ancillary service, for the purpose of its own services or goods that offer similar services to that of its business users or of its suppliers. This may be the case, for instance, where a gatekeeper provides an online marketplace or app store to business users, and at the same time offer services as an online retailer or provider of application software against those business users or against its suppliers. To prevent gatekeepers from unfairly benefitting from their dual role, it should be ensured that they refrain from using any aggregated or non-aggregated data, which may include anonymised and personal data that is not publicly available to offer similar services to those of their business users. This obligation should apply to the gatekeeper as a whole, including but not limited to its business unit that competes with the business users of a core platform service.
Amendment 130 #
2020/0374(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The rules that the gatekeepers set for the distribution of software applications may in certain circumstances restrict the ability of end users to install and effectively use third party software applications or software application stores on operating systems or hardware of the relevant gatekeeper and restrict the ability of end users to access these software applications or software application stores outside the core platform services of that gatekeeper. Such restrictions may limit the ability of developers of software applications to use alternative distribution channels and the ability of end users to choose between different software applications from different distribution channels and should be prohibited as unfair and liable to weaken the contestability of core platform services. In order to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper the gatekeeper concerned may implement proportionate technical or contractual measures to achieve that goal if the gatekeeper demonstrates that such measures are necessary and justified and that there are no less restrictive means to safeguard the integrity of the hardware or operating system. This prohibition on restricting the ability of end users to install and use, or access third - party software applications or application stores should not prevent gatekeepers to take the required responsibility in the fight against illegal content online.
Amendment 133 #
2020/0374(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Gatekeepers are often vertically integrated and offer certain products or services to end users through their own core platform services, or through a business user over which they exercise control which frequently leads to conflicts of interest. This can include the situation whereby a gatekeeper offers its own online intermediation services through an online search engine. When offering those products or services on the core platform service, gatekeepers can reserve a better position to their own offering, in terms of ranking, as opposed to the products of third parties also operating onusing that core platform service. This can occur for instance with products or services, including other core platform services, which are ranked inwithin or along the results communicated by online search engines, or which are partly or entirely embedded in online search engines results, groups of results specialised in a certain topic, displayed along with the results of an online search engine, which armay be considered or used by certain end users as a service distinct or additional to the online search engine. Such preferential or embedded display of a separate online intermediation service shall be regarded as a favouring irrespective of whether the information or results within the favoured groups of specialised results may also be provided by competing services and are as such ranked in a non-discriminatory way. Other instances are those of software applications which are distributed through software application stores, or products or services that are given prominence and display in the newsfeed of a social network, or products or services ranked in search results or displayed on an online marketplace. In those circumstances, the gatekeeper is in a dual- role position as intermediary for third party providers and as direct provider of products or services of the gatekeeper potentially leading to a conflict of interest. Consequently, these gatekeepers have the ability to undermine directly the contestability for those products or services on these core platform services, to the detriment of business users which are not controlled by the gatekeeper.
Amendment 137 #
2020/0374(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Gatekeepers should not restrict or prevent the free choice of end users by technically preventing switching between or subscription to different software applications and services. This would allow more providers to offer their services, thereby ultimately providing greater choice to the end user. Gatekeepers should ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and shall not raise artificialunjustified technical barriers so as to make switching impossible or ineffective. The mere offering of a given product or service to consumers, including by means of pre-installation, as well as the improvement of the offering to end users, such as price reductions or increased quality, should not be construed as constituting a prohibited barrier to switching.
Amendment 141 #
2020/0374(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) Gatekeepers benefit from access to vast amounts of data that they collect while providing the core platform services as well as other digital services. To ensure that gatekeepers do not undermine the contestability of core platform services as well as the innovation potential of the dynamic digital sector by restricting the ability of business users to effectively port their data, business users and end users should be granted effective, free of charge and immediate access to the data they provided or generated in the context of their use of the relevant core platform services of the gatekeeper, in a structured, commonly used and machine-readable format. This should apply also to any other data at different levels of aggregation that may be necessary to effectively enable such portability. It should also be ensured that business users and end users can port that data in real time effectively, such as for example through high quality application programming interfaces. Facilitating switching or multi- homing should lead, in turn, to an increased choice for business users and end users and an incentive for gatekeepers and business users to innovate.
Amendment 146 #
2020/0374(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) In particular gGatekeepers which provide access to software application storcore platform services serve as an important gateway for business users that seek to reach end users. In view of the imbalance in bargaining power between those gatekeepers and business users of their software application storcore platform services, those gatekeepers should not be allowed to impose general conditions, including pricing conditions, data usage conditions or conditions related to the licensing of rights held by the business user that would be unfair or lead to unjustified differentiation. Pricing or other general access or treatment conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. The following benchmarks can serve as a yardstick to determine the fairness of general access or treatment conditions: prices charged or conditions imposed for the same or similar services by other providers of software application storcore platform services; prices charged or conditions imposed by the provider of the software application storecore platform services for different related or similar services or to different types of end users; prices charged or conditions imposed by the provider of the software application storecore platform services for the same service in different geographic regions; prices charged or conditions imposed by the provider of the software application storecore platform services for the same service the gatekeeper offers to itself. This obligation should not establish an access right and it should be without prejudice to the ability of providers of software application storcore platform services to take the required responsibility in the fight against illegal and unwanted content as set out in Regulation [Digital Services Act].
Amendment 148 #
2020/0374(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) In exceptional circumstances justified on the limited grounds of public moralhealth and security, public health or public security, the Commission should be able to decide that the obligation concerned does not apply to a specific core platform service. Affecting these public interests can indicate that the cost to society as a whole of enforcing a certain obligation would in a certain exceptional case be too high and thus disproportionate. The regulatory dialogue to facilitate compliance with limited suspension and exemption possibilities should ensure the proportionality of the obligations in this Regulation without undermining the intended ex ante effects on fairness and contestability. Where such an exemption is granted, the Commission should review its decision every two years.
Amendment 149 #
2020/0374(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) In order to ensure the full and lasting achievement of the objectives of this Regulation, the Commission should be able to assess whether a provider of core platform services should be designated as a gatekeeper without meeting the quantitative thresholds laid down in this Regulation; whether systematic non- compliance by a gatekeeper warrants imposing additional remedies; and whether the list of obligations addressing unfair practices by gatekeepers should be reviewed and, if necessary, additional practices that are similarly unfair and limiting the contestability of digital markets should be identified. Such assessment should be based on market investigations to be run in an appropriate timeframe, by using clear procedures and deadlines, in order to support the ex ante effect of this Regulation on contestability and fairness in the digital sector, and to provide the requisite degree of legal certainty.
Amendment 150 #
2020/0374(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) The Commission should investigate and assess whether additional behavioural, or, where appropriate, structural remedies are justified, in order to ensure that the gatekeeper cannot frustrate the objectives of this Regulation by systematically non-t complianceying with one or several of the obligations laid down in this Regulation, which has further strengthened its gatekeeper position. This would be the case if the gatekeeper’s size in the internal market has further increased, economic dependency of business users and end users on the gatekeeper’s core platform services has further strengthened as their number has further increased and the gatekeeper benefits from increased entrenchment of its position. The Commission should therefore in such cases of systematic non-compliance have the power to impose any remedy, whether behavioural or structural, having due regard to the principle of proportionality. Structural remedies, such as legal, functional or structural separation, including the divestiture of a business, or parts of it, should only be imposed either where there is no equally effective behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the undertaking concerned than the structural remedy. Changes to the structure of an undertaking as it existed before the systematic non-compliance was established would only be proportionate where there is a substantial risk that this systematic non-compliance results from the very structure of the undertaking concernedthat is necessary to ensure effective compliance with this Regulation.
Amendment 161 #
2020/0374(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down harmonised rules ensuring contestable and fair markets in the digital sector across the Union where gatekeepers for large platforms are present.
Amendment 169 #
2020/0374(COD)
Proposal for a regulation
Article 1 – paragraph 6
Article 1 – paragraph 6
6. This Regulation complements and is without prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice to the application of: national rules prohibiting anticompetitive agreements, decisions by associations of undertakings, concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposing additional obligations on gatekeepers; Council Regulation (EC) No 139/200438 and national rules concerning merger control; Regulation (EU) 2019/1150 and Regulation (EU) …./.. of the European Parliament and of the Council39 . __________________ 38Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1). 39Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
Amendment 175 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h
Article 2 – paragraph 1 – point 2 – point h
(h) online advertising services, including any advertising networks, advertising exchanges and any other advertising intermediation services, provided by a provider of any of the core platform services listed in points (a) to (g);
Amendment 178 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h a (new)
Article 2 – paragraph 1 – point 2 – point h a (new)
(ha) web browsers;
Amendment 187 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
(10a) ‘Web browsers’ are software used by users of client PCs, smart mobile devices and other devices to access and interact with web content hosted on servers that are connected to networks such as the Internet, including standalone web browsers as well as web browsers integrated or embedded in software or similar;
Amendment 190 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘Software application stores’ means a type of online intermediationny digital services, which is focused on software applications as the intermediated product or service;
Amendment 194 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘Ancillary service’ means services provided in the context of or together with core platform services, including retailing or distribution services, payment services as defined in point 3 of Article 4 and technical services which support the provision of payment services as defined in Article 3(j) of Directive (EU) 2015/2366, fulfilment, identification or advertising services;
Amendment 206 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. An undertaking that provider ofs core platform services shall be designated as gatekeeper if:
Amendment 209 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) it operates as core platform service which serves as an important gateway for business users to reach end users; and
Amendment 210 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) it enjoys an entrenched and durable position in its operations or it is foreseeable that it will enjoy such a position, based on an objective assessment by the competent authority taking into account past and predicted rates of growth and market concentration, in the near future.; and
Amendment 212 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) it has the ability to transfer its own core competencies to other areas.
Amendment 213 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual EEA turnover equal to or above EUR 6.510 billion in the last three financial years, or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least EUR 65100 billion in the last financial year, and it provides a core platform service in at least three Member States;
Amendment 214 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
Article 3 – paragraph 2 – point b – introductory part
(b) the requirement in paragraph 1 point (b) where it provides atwo or more core platform services that has each more than 45 million monthly active end users established or located in the Union and more than 10 000 yearly active business users established in the Union in the last financial year. Monthly active end users and yearly active business users should be measured taking into account the indicators set out in the Annex to this Regulation;
Amendment 215 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) the requirement in paragraph 1 point (d) where the provider either offers a multi-platform integration with at least two core platform services or has a dual role.
Amendment 218 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. Where the provider of the core platform service fails to provide within the deadline set by the Commission all the relevant information that is required to assess its designation as gatekeeper pursuant to Article 3 (2), the Commission shall be entitled to designate that provider as a gatekeeper based on the facts available.
Amendment 232 #
2020/0374(COD)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. The Commission shall regularly, and at least every 23 years, review whether the designated gatekeepers continue to satisfy the requirements laid down in Article 3(1), or whether new providers of core platform services satisfy those requirements. The regular review shall also examine whether the list of affected core platform services of the gatekeeper needs to be adjusted.
Amendment 240 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) allowrefrain from applying contractual obligations that prevent business users tofrom offering business users from offering the same products or services to end users themselves or through third party online intermediation services at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;
Amendment 244 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) allow business users to promote different offers to end users acquired via the core platform service, and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not, and allow end users to access and use, through the core platform services of the gatekeeper, content, subscriptions, features or other items by using the software application of a business user, where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper;
Amendment 247 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) refrain from directly or indirectly preventing or restricting business users or supplier to the gatekeeper’s ancillary service from raising issues with any relevant public authority relating to any practice of gatekeepers;
Amendment 252 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) refrain from requiring business users or end users to use, to subscribe to or register with any other core platform services identified pursuant to Article 3 or which meets the thresholds in Article 3(2)(b) as a condition to access, sign up or register to any of their core platform services identified pursuant to that Article;
Amendment 256 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) provide individual advertisers and publishers to which it supplies advertising services, upon their request, with informa with free of charge, high-quality, effective, continuous and real-time access to information on the visibility and availability of advertisement portfolio as well as pricing conditions concerning the bids placed by advertisers and advertising intermediaries, the price paid by the advertiser and publisher, as well as the amount orand remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper.
Amendment 270 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) allow and technically enable the installation and effective use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper;
Amendment 274 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from treating more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of othirder partyies and apply fair and non-discriminatory conditions to such ranking;
Amendment 291 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k
Article 6 – paragraph 1 – point k
(k) apply fair and non-discriminatory general conditions of access and treatment for business users to its software application storcore platform services, in particular to its software application store, online search engine and to its online social networking service designated pursuant to Article 3 of this Regulation.
Amendment 299 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. For the purposes of point (a) of paragraph 1 data that is not publicly available shall include any aggregated and non-aggregated data generated by business users or generated by goods and services provided by a supplier to the gatekeeper’s ancillary services notably distribution, that can be inferred from, or collected through, the commercial activities of business users or their customers on the core platform, distribution or other ancillary service of the gatekeeper.
Amendment 309 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. A gatekeeper may request the opening of proceedings pursuant to Article 18 for the Commission to determine whether the measures that the gatekeeper intends to implement or has implemented under Article 6 are effective in achieving the objective of the relevant obligation in the specific circumstances. A gatekeeper may, with its request,In its request, the gatekeeper shall provide a reasoned submission to explain in particular why the measures that it intends to implement or has implemented are effective in achieving the objective of the relevant obligation in the specific circumstances.
Amendment 312 #
2020/0374(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where the suspension is granted pursuant to paragraph 1, the Commission shall review its suspension decision every year. Following such a review the Commission shall either wholly or partly lift the suspension or decide that the conditions of paragraph 1 continue to be met.
Amendment 315 #
2020/0374(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 324 #
2020/0374(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. A gatekeeper shall inform the Commission and competent national authorities of any intended concentration within the meaning of Article 3 of Regulation (EC) No 139/2004 involving another provider of core platform services or of any other services provided in the digital sector irrespective of whether it is notifiable to a Union competition authority under Regulation (EC) No 139/2004 or to a competent national competition authority under national merger rules.
Amendment 328 #
2020/0374(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
A gatekeeper shall informnotify the Commission of such a concentration prior to its implementation and following the conclusion of the agreement, the announcement of the public bid, or the acquisition of a controlling interest.
Amendment 340 #
2020/0374(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In the course of a market investigation pursuant to paragraph 1, the Commission shall endeavour to communicate its preliminary findings to the provider of core platform services concerned within sixthree months from the opening of the investigation. In the preliminary findings, the Commission shall explain whether it considers, on a provisional basis, that the provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6).
Amendment 348 #
2020/0374(COD)
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. The Commission shall communicate its objections to the gatekeeper concerned within sixfour months from the opening of the investigation. In its objections, the Commission shall explain whether it preliminarily considers that the conditions of paragraph 1 are met and which remedy or remedies it preliminarily considers effective, necessary and proportionate.
Amendment 376 #
Amendment 394 #
2020/0374(COD)
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36a Guidelines To facilitate the compliance of gatekeepers with and the enforcement of the obligations in Articles 5, 6, 12 and 13, the Commission shall accompany the obligations set out in those Articles with guidelines, where appropriate. Where appropriate and necessary, the Commission may mandate the standardisation bodies to develop standards to facilitate the implementation of the obligations.
Amendment 115 #
2020/0361(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) It should be clarified that this Regulation is without prejudice to the rules of Union law on copyright and related rights, which establish specific rules and procedures that should remain unaffected and are lex specialis, prevailing over this Regulation.
Amendment 123 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant, dangerous or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 141 #
2020/0361(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally, by a merely technical and automatic processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give it knowledge of, or control over, that information. A provider of intermediary services plays an active role when assistance is given to the recipient of the service, notably for the optimizing and the promotion of the content offered. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider.
Amendment 265 #
2020/0361(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Very large online platforms should deploy the necessary and proportionate means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision- making processes, or adapting their terms and conditions. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources. Very large online platforms may reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They may also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.
Amendment 389 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(h a) ‘editorial platform’ means an intermediary service which is in connection with a press publication within the meaning of Article 2(4) of Directive (EU) 2019/790 or another editorial media service and which allows users to discuss topics generally covered by the relevant media or to comment editorial content and which is under the supervision of the editorial team of the publication or other editorial media.
Amendment 400 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
(o) ‘recommender system’ means a fully or partially automated system, used by an very large online platform to suggest in its online interface specific information to recipients of the service, including as a result of a search initiated by the recipient or otherwise determining the relative order or prominence of information displayed;
Amendment 525 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Providers of intermediary services which do not have an establishment in the Union but which offer services in the Union shall designate, in writing, a legal or natural person as their legal representative in one of the Member States where the provider offers its services. The Member States may require very large online platforms to designate a legal representative in their Member State.
Amendment 528 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Providers of intermediary services shall mandate their legal representatives to be addressed in addition to or instead of the provider by the Member States’ authorities, the Commission and the Board on all issues necessary for the receipt of, compliance with and enforcement of decisions issued in relation to this Regulation. Providers of intermediary services shall provide their legal representative with the necessary powers and resource to guarantee the proper and timely cooperateion with the Member States’ authorities, the Commission and the Board and comply with those decisions.
Amendment 531 #
2020/0361(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Exclusions Articles 12 and 13 of Section 1,and the provisions of Section 2, and Section 3 of Chapter III shall not apply to: (a) editorial platforms within the meaning of Article 2(h a) of this Regulation; (b) online platforms that qualify as micro and medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC. (c) an intermediary service, except very large online platforms, where it would constitute a disproportionate burden in view of its size, the nature of its activity and the risk posed to users.
Amendment 545 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Where very large online platforms within the meaning of Article 25 of this Regulation otherwise allow for the dissemination to the public of press publications within the meaning of Article 2(4) of Directive (EU) 2019/790, such platforms shall not remove, disable access to, suspend or otherwise interfere with such content or the related service or suspend or terminate the related account on the basis of the alleged incompatibility of such content with its terms and conditions, unless it is illegal content
Amendment 634 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Providers of hostingaragraphs 2, 3 and 4 shall not apply to providers of intermediary services sthall publish the decisions and the statements of reast qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC. In additions, referred to in paragraph 1 in a publicly accessible database managed by the Commission. That information shall not contain personal datathose paragraphs shall not apply to enterprises that previously qualified for the status of a micro or small enterprise within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status.
Amendment 781 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with professional traders, it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtained the following information:
Amendment 865 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of the fundamental rights to respect for private and family life, freedom of expression and information, freedom and pluralism of the media, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively caused by an illegal activity;
Amendment 873 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall take into account, in particular, how their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions.
Amendment 935 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. The parameters used in recommender systems shall always be fair and non-discriminatory.
Amendment 966 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Very large online platforms shall provide the Digital Services Coordinator of establishment or the Commission, upon their reasoned request and within a reasonable period, specified in the request, provide information and access to data that are necessary to properly monitor and assess compliance with this Regulation. That Digital Services Coordinator and the Commission shall only use that data for those purposes.
Amendment 969 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Upon a reasoned request from the Digital Services Coordinator of establishment or the Commission, very large online platforms shall, within a reasonable period, as specified in the request, provide access toinformation and access to relevant data to vetted researchers who meet the requirements in paragraphs 4 of this Article, for the sole purpose of conducting research that contributes to the identification and understanding of systemic risks as set out in Article 26(1).
Amendment 1016 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) in relation to the dissemination of illegal content emerge and concern several very large online platforms, the Commission may invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
Amendment 1019 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission may invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested partierelevant stakeholders, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
Amendment 1024 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall aim to ensure that the codes of conduct clearly set out their objectives in relation to the dissemination of illegal content, contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested partiethe relevant stakeholders, including citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain.
Amendment 1060 #
2020/0361(COD)
1. Member States shall lay down the rules on penalties including administrative fines applicable to infringements of this Regulation by providers of intermediary services under their jurisdiction and shall take all the necessary measures to ensure that they are properly and effectively implemented in accordance with Article 41.
Amendment 1061 #
2020/0361(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Penalties shall be effective, proportionate and dissuasive. They shall take into particular account the interest of small scale providers and start ups and their economic viability. Member States shall notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendments affecting them.
Amendment 162 #
2020/0340(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) It is necessary to improve the conditions for data sharing in the internal market, by creating a harmonised framework for data exchanges. Sector- specific legislation can develop, adapt and propose new and complementary elements, depending on the specificities of the sector, such as the envisaged legislation on the European health data space25 and on access to vehicle data. Moreover, certain sectors of the economy are already regulated by sector-specific Union law that include rules relating to cross-border or Union wide sharing or access to data26 . T but it should respect the rules and principles defined in applicable Union law. For this reason, this Regulation is therefore without prejudice to Regulation (EU) 2016/679 of the European Parliament and of the Council (27 ), and in particular the implementation of this Regulation shall not p26a, Directive 2002/58/EC of the European Parliament and the Council27a and Directive (EU) 2016/680 of the European Parliament and of the Council28a. Moreovent cross border transfers of data in accordance with Chapter V of Regulation (EU) 2016/679 from taking place, Directive (EU) 2016/680 of the European Parliament and of the Council (28 ),r, certain sectors of the economy are already regulated by sector-specific Union law that include rules relating to cross-border or Union wide sharing or access to data26 . This Regulation is therefore without prejudice to Directive (EU) 2016/943 of the European Parliament and of the Council (29 ), Regulation (EU) 2018/1807 of the European Parliament and of the Council (30 ), Regulation (EC) No 223/2009 of the European Parliament and of the Council (31 ), Directive 2000/31/EC of the European Parliament and of the Council (32 ), Directive 2001/29/EC of the European Parliament and of the Council (33 ), Directive (EU) 2019/790 of the European Parliament and of the Council (34 ), Directive 2004/48/EC of the European Parliament and of the Council (35 ), Directive (EU) 2019/1024 of the European Parliament and of the Council (36 ), as well as Regulation 2018/858/EU of the European Parliament and of the Council (37 ), Directive 2010/40/EU of the European Parliament and of the Council (38 ) and Delegated Regulations adopted on its basis, and any other sector-specific Union legislation that organises the access to and re-use of data. This Regulation should be without prejudice to the access and use of data for the purpose of international cooperation in the context of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties. A horizontal regime for the re-use of certain categories of protected data held by public sector bodies, the provision of data sharing services and of services based on data altruism in the Union should be established. Specific characteristics of different sectors may require the design of sectoral data-based systems, while building on the requirements of this Regulation. Where a sector-specific Union legal act requires public sector bodies, providers of data sharing services or registered entities providing data altruism services to comply with specific additional technical, administrative or organisational requirements, including through an authorisation or certification regime, those provisions of that sector-specific Union legal act should also apply. _________________ 25 See: Annexes to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Commission Work Programme 2021 (COM(2020) 690 final). 26For example, Directive 2011/24/EU in the context of the European Health Data Space, and relevant transport legislation such as Directive 2010/40/EU, Regulation 2019/1239 and Regulation (EU) 2020/1056, in the context of the European Mobility Data Space. 276aRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), (OJ L 119, 4.5.2016, p.1) 287aDirective 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201,31.7.2002, p. 37). 28a Directive (EU) 2016/680 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 by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA. (OJ L 119, 4.5.2016, p.89) 29Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. (OJ L 157, 15.6.2016, p.1) 30 Regulation (EU) 2018/1807 of the European Parliament and of the Council of 14 November 2018 on a framework for the free flow of non-personal data in the European Union. (OJ L 303, 28.11.2018, p. 59) 31Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities. (OJ L 87, 31.03.2009, p. 164) 32Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000, on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). (OJ L 178, 17.07.2000, p. 1) 33Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society. (OJ L 167, 22.6.2001, p. 10) 34 Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC. (OJ L 130, 17.5.2019, p. 92) 35Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. (OJ L 157, 30.4.2004). 36Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information. (OJ L 172, 26.6.2019, p. 56). 37 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018). 38 Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport. (OJ L 207, 6.8.2010, p. 1)
Amendment 168 #
2020/0340(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Action at Union level is necessary in order to foster trust in data sharing, address the barriers to a well- functioning data-driven economy and to create a Union-wide governance framework for data access and use, in particular regarding the re-use of certain types of data held by the public sector, the provision of services by data sharing providers to business users and to data subjects, as well as the collection and processing of data made available for altruistic purposes by natural and legal persons.
Amendment 170 #
2020/0340(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The idea that data that has been generated at the expense of public budgets should benefit society has been part of Union policy for a long time. Directive (EU) 2019/1024 as well as sector-specific legislation ensure that the public sector makes more of the data it produces or holds easily available for use and re-use. However, certain categories of data (commercially confidential data, data subject to statistical confidentiality, data protected by intellectual property rights of third parties, including trade secrets and personal data not accessible on the basis of specific national or Union legislation, such asin public databases is often not made available despite this being possible in accordance with the applicable Union law, notably Regulation (EU) 2016/679 and, Directive (EU) 201602/680) in public databases is often not made available and Directive (EU) 2002/58, not even for research or innovativeon activities. Due to the sensitivity of this data, certain technical and legal procedural requirements must be met before they are made available, not at last in order to ensure the respect of rights others have over such data. Such requirements are usually time- and knowledge-intensive to fulfil. This has led to the underutilisation of such data. While some Member States are setting up structures, processes and sometimes legislate to facilitate this type of re-use, this is not the case across the Union.
Amendment 174 #
2020/0340(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) There are techniques enabling privacy-friendly analyses on databases that contain personal data, such as anonymisation, pseudonymisation, differential privacy, generalisation, or suppression and, randomisation. A or other state- of-the-art privacy preserving methods. The application of these privacy-enhancing technologiiques, together with other comprehensive data protection approachesafeguards should ensure the safe re-use of personal data and commercially confidential business data for research, innovation and statistical purposes. In many cases this implies that the data use and re-use in this context can only be done in a secure processing environment set in place andand subject to supervisedion by the public sector body. There is experience at Union level with such secure processing environments that are used for research on statistical microdata on the basis of Commission Regulation (EU) 557/2013 (39 ). In general, insofar as personal data are concerned, this Regulation should not be read as creating a new legal basis for processing of such data. The processing of personal data should rely upon one or more of the grounds for processing provided in Article 6 and 9 of Regulation (EU) 2016/679. _________________ 39Commission Regulation (EU) 557/2013 of 17 June 2013 implementing Regulation (EC) No 223/2009 of the European Parliament and of the Council on European Statistics as regards access to confidential data for scientific purposes and repealing Commission Regulation (EC) No 831/2002 (OJ L 164, 18.6.2013, p. 16).
Amendment 178 #
2020/0340(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re- use, and which should be without prejudice to rights or obligations concerning access to such data provided in Union or national law, should be laid down. Those conditions should be non-discriminatory, proportionate and objectively justified, while not restricting competition. In particular, public sector bodies allowing re- use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. Conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. Public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate effortburden for the public sector. Depending on the case at hand, before its transmission, personal data should be fully anonymised, so as to definitively not allow the identification of the data subjects, or data containing commercially confidential information modified in such a way that no confidential information is disclosed. Where the provision of anonymised or modified data would not respond to the needs of the re-user, on- premise or remote re-use of the data within a secure processing environment could be permitted. Data analyses in such secure processing environments should be supervised by the public sector body, so as to protect the rights and interests of others. In particular, personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. In the event of any data breach resulting in the re-identification of the individuals concerned the re-users should report the breach to the competent supervisory authority in accordance with Regulation (EU) 2016/679 and inform the public sector body. The public sector body could make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. The public sector bodies, where relevant, should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons onn the re-use of data pertaining to them or permissions of data holders to allow the re-use of data pertaining to themtheir non-personal data through adequate technical means. In this respect, the public sector body should support potential re-users in seeking such consent or permission by establishing technical mechanisms that permit transmitting requests for consent or permission from re-users, where practically feasible. No contact information should be given that allows re-users to contact data subjects or companies directly. data holders directly. When transmitting the request for consent or permission, the public sector body should ensure that the data subject or data holder, as appropriate, is informed of the possibility to refuse such request.
Amendment 189 #
2020/0340(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to incentivise the re-use of these categories of data, Member States should establish a single information point to act as the primary interface for re-users that seek to re-use such data held by the public sector bodies. It should have a cross-sector remit, and should complement, if necessary, arrangements at the sectoral level. In addition, Member States should designate, establish or facilitate the establishment of competent bodies to support the activities of public sector bodies allowing re-use of certain categories of protected data. Their tasks may include granting access to data, where mandated in sectoral Union or Member States legislation. Those competent bodies should provide support to public sector bodies with state-of-the-art techniques, including secure data processing environments, which allow data analysis in a manner that preserves the privacy of the information. Such support structure could support the data holders with management of the consent, including consent to certain areas of scientific research when in keeping with recognised ethical standards for scientific research. Data processing should be performed under the responsibility of the public sector body responsible for the register containing the data, who remains a data controller in the sense of Regulation (EU) 2016/679 insofar as personal data are concerned. Member States may have in place one or several competent bodies, which could act in different sectors while fully respecting the powers of supervisory authorities under Regulation (EU) 2016/679.
Amendment 192 #
2020/0340(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) A specific category of data intermediaries includes providers of data sharing services that offer their services to data subjects in the sense of Regulation (EU) 2016/679. Such providers focus exclusively on personal data and seek to enhance individual agency and the individuals’ control over the data pertainrelating to them. They would assist individuals in exercising their rights under Regulation (EU) 2016/679, in particular managing their consent to data processing, the right of access to their own data, the right to the rectification of inaccurate personal data, the right of erasure or right ‘to be forgotten’, the right to restrict processing and the data portability right, which allows data subjects to move their personal data from one controller to the other. In this context, it is important that their business model ensures that there are no misaligned incentives that encourage individuals to make more data available for processing than what is in the individuals’ own interest. This could include advising individuals on uses of their data they could allow and making due diligence checks on data users before allowing them to contact data subjects, in order to avoid fraudulent practices. In certain situations, it could be desirable to collate actual data within a personal data storage space, or ‘personal data space’ so that processing can happen within that space without personal data being transmitted to third parties in order to maximise the protection of personal data and privacy.
Amendment 198 #
2020/0340(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) This Regulation should be without prejudice to the obligation of providers of data sharing services to comply with Regulation (EU) 2016/679 and the responsibility of supervisory authorities to ensure compliance with that Regulation. Where the data sharing service providers are data controllers or processors in the sense of Regulation (EU) 2016/679 they are bound by the rules of that Regulation. This Regulation should not affect the protection of personal data under Regulation (EU) 2016/679. This Regulation should be also without prejudice to the application of competition law.
Amendment 211 #
2020/0340(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(2 a) This Regulation is without prejudice to Union and national law as regards the processing of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and the Council(52a) and Directive 2002/58/EC of the European Commission and the Council (53a) and the corresponding provisions in national law. This Regulation does not create a legal basis for the processing of personal data. In the case of conflict between the provisions of this Regulation and Union law on the protection of personal data the latter shall prevail. _________________ 52aRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), (OJ L 119, 4.5.2016, p.1) 53aDirective 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
Amendment 218 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) ‘personal data’ means data as defined in point (1) ofArticle 4 of Regulation (EU) 2016/679;
Amendment 229 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
(4 a) ‘data subject’ means a natural person as referred in point (1) of Article 4 of Regulation (EU) 2016/679;
Amendment 233 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6 a) ‘consent’ means agreement to data processing as defined in point (1) of Article 4 of Regulation (EU) 2016/679;
Amendment 238 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7 a) ‘processing’ means any operation or set of operations as defined in point (2) of Article 4 of Regulation (EU)2016/679;
Amendment 240 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘data altruism’ means the consent by data subjects to process personal data pertaining to them, or permissions of other data holders to allow the use of their non-personal data without seekvoluntary sharing of data by data holders or the consent to data sharing by data subjects without seeking or receiving a reward, for purposes of general interest, such as scientific research purposes, policy making or improving public services;
Amendment 242 #
2020/0340(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘secure processing environment’ means the physical or virtual environment and organisational means to provide the opportunity to re-use data in a manner that ensures compliance with applicable legislation, in particular the preservation of data subject rights under Regulation (EU) 2016/679, and that allows for the operator of the secure processing environment to determine and supervise all data processing actions, including to display, storage, download, export of the data and calculation of derivative data through computational algorithms.
Amendment 250 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
(3) Public sector bodies shall comply with the obligations under Union law for preserving the protection of data. To this end, public sector bodies may impose an obligation to re-use only pre-processed data where such pre-processing aims tothat has been anonymizesed or pseudonymised in the case of personal data , or delete commercially confidential information, including trade secrets.
Amendment 257 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
(5 a) The re-identification of any data subjects by re-users shall be prohibited. The re-users shall be obliged to assess on an on-going basis the risk of re- identification and to report any data breach resulting in the re-identification of the individuals concerned to the competent supervisory authority in accordance with Regulation (EU) 2016/679 and the public sector body.
Amendment 266 #
2020/0340(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
(6) Where the re-use of data cannot be granted in accordance with the obligations laid down in paragraphs 3 to 5 and there is no other legal basis for transmitting the data under Regulation (EU) 2016/679, the public sector body shall support re-users in seeking consent of the data subjects and/or permission from the legal entitiedata holders whose rights and interests may be affected by such re- use, where it is feasible without disproportionate cost for the public sector. In that task they may be assisted by the competent bodies referred to in Article 7 (1).
Amendment 290 #
2020/0340(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
(2) This ChapterRegulation shall be without prejudice to the application of other Union and national law to providers of data sharing services, including powers of supervisory authorities to ensure compliance with applicable law, in particular as regard the protection of personal data and competition law.
Amendment 318 #
2020/0340(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 11
Article 11 – paragraph 1 – point 11
(11) where a provider provides tools for obtaining consent from data subjects or permissions to process data made available by legal personsdata holders , it shall specify the jurisdiction or jurisdictions in which the data use is intended to take place and provide data subjects with tools to withdraw consent.
Amendment 320 #
2020/0340(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
(1) Each Member State shall designate in its territory one or more authorities competent to carry out the tasks related to the notification framework and shall communicate to the Commission the identitynames of those designated authorities by [date of application of this Regulation]. It shall also communicate to the Commission any subsequent modification.
Amendment 324 #
2020/0340(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
(3 a) The competent authorities shall undertake their tasks in cooperation with the data protection authority, where such tasks are related to processing of personal data, and with relevant sectoral bodies of the same Member State.
Amendment 326 #
2020/0340(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
(2) The competent authority shall have the power to request from providers of data sharing services all the information that is necessary to verify compliance with the requirements laid down in Articles 10 and 11this Chapter. Any request for information shall be proportionate to the performance of the task and shall be reasoned.
Amendment 328 #
2020/0340(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
(3) Where the competent authority finds that a provider of data sharing services does not comply with one or more of the requirements laid down in Article 10 or 11this Chapter, it shall notify that provider of those findings and give it the opportunity to state its views, within a reasonable time limit.
Amendment 363 #
2020/0340(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
(2) Each Member State shall inform the Commission of the identityname of the designated authorities.
Amendment 364 #
2020/0340(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
(3) The competent authorityies shall undertake itstheir tasks in cooperation with the data protection authority, where such tasks are related to processing of personal data, and with relevant sectoral bodies of the same Member State. For any question requiring an assessment of compliance with Regulation (EU) 2016/679, the competent authority shall first seek an opinion or decision by the competent supervisory authority established pursuant to that Regulation and comply with that opinion or decision.
Amendment 366 #
2020/0340(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
(1) In order to facilitate the collection of data based on data altruism, the Commission may adopt implementing acts developing a European data altruism consent form, following consultation of the European Data Protection Board. The form shall allow the collection of consent across Member States in a uniform format. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29 (2).
Amendment 9 #
2020/0262(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) The employers' obligations laid down in this Directive should take into account the fact that microenterprises and SMEs, which represent a large majority of enterprises in the Union, have limited financial, technical and human resources. Member States are therefore invited to assess the impact of the implementation of this Directive on such enterprises in order to ensure that they are not disproportionately affected, with specific focus on microenterprises and the administrative burdens, and to publish the results of such assessments, while maintaining equal protection for all workers and facilitating compliance of microenterprises and SMEs. Against that background, specific measures such as incentives and digital tools could help SMEs and microenterprises further to comply with the obligations laid down in Directive 2004/37/EC and progress towards the elimination of risks relating to exposure to carcinogens or mutagens at the workplace.
Amendment 12 #
2020/0262(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Compliance with binding occupational exposure limit values is without prejudice to other employers’ obligations pursuant to Directive 2004/37/EC, such as the reduction of the use of carcinogens and mutagens at the workplace, the prevention or reduction of workers’ exposure to carcinogens or mutagens and the measures which should be implemented to that effect. Those measures should include, as far as it is technically feasible and possible, the replacement of the carcinogen or mutagen by a substance, mixture or process which is not dangerous or is less dangerous to workers’ health, the use of a closed system or other measures aiming to reduce the level of workers’ exposure. Whilst the protection of workers is a priority, the replacement of carcinogens and mutagens with less dangerous substances should be carried out in proportion with the feasibility and the possibility of that exchange to its economic impact in relation to the improvement of the exchange.
Amendment 14 #
2020/0262(COD)
Proposal for a directive
Recital 5
Recital 5
(5) This Directive strengthens the protection of workers’ health and safety at their workplace. NewUpdate limit values should be set out in Directive 2004/37/EC in the light ofbased on the currently available relevant information, including new scientific and technical data and should also be based on arespect thorough assessments of the socioeconomic impact, proportionality and availability of exposure measurement protocols and techniques at the workplace. That information should, if possible, include data on residual risks to the health of workers, opinions of the Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA), as well as opinions of the Advisory Committee on Safety and Health at Work (ACSH). Information related to residual risk, made publicly available at Union level, is valuable for any future work to limit risks from occupational exposure to carcinogens and mutagens.
Amendment 17 #
2020/0262(COD)
Proposal for a directive
Recital 7
Recital 7
(7) It is also necessary to consider other relevant absorption pathways than inhalation of all carcinogens and mutagens, including the possibility of uptake through the skin, in order to ensure the best possible level of protection.
Amendment 19 #
2020/0262(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Acrylonitrile meets the criteria for classification as carcinogenic (category 1B) in accordance with Regulation (EC) No 1272/2008 of the European Parliament and the Council47 and is therefore carcinogen within the meaning of Directive 2004/37/EC. It is possible, on the basis of the availablecurrently available relevant information, including scientific and technical data, to set a long- and short- term limit value for that carcinogen. Acrylonitrile can also be absorbed through the skin. It is therefore appropriate to establish a limit value for acrylonitrile under the scope of Directive 2004/37/EC and to assign a skin notation to it. The ACSH, based on the RAC opinion, agreed on the usefulness of the biomonitoring for acrylonitrile. This should be considered when developing guidance on the practical use of biomonitoring. _________________ 47Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures. Available at: https://eur-lex.europa.eu/legal- content/EN/ALL/?uri=CELEX%3A32008 R1272.
Amendment 20 #
2020/0262(COD)
Proposal for a directive
Recital 10
Recital 10
(10) With regard to the newly added acrylonitrile, a limit value of 1 mg/m³ (0.45 ppm) and a short- term limit value of 4 mg/m³ (1.8 ppm) may be difficult to be complied with in the short term. A transitional period of four years after entry into force of this Directive should be introduced from which these Occupational Exposure Limit (OEL) values shallould apply.
Amendment 21 #
2020/0262(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Nickel compounds meet the criteria for classification as carcinogenic (category 1A) in accordance with Regulation (EC) No 1272/2008 and are therefore carcinogens within the meaning of Directive 2004/37/EC. It is possible, on the basis of the availablecurrently available relevant information, including scientific and technical data, to set limit values for that group of carcinogens. Exposure to nickel compounds at workplaces may also result in dermal sensitisation and sensitisation of the respiratory tract. It is therefore appropriate to establish two limit values for both the inhalable and respirable fractions of the nickel compounds under the scope of Directive 2004/37/EC and to assign a notation for dermal and respiratory sensitisation.
Amendment 22 #
2020/0262(COD)
Proposal for a directive
Recital 12
Recital 12
(12) With regard to the newly added nickel compounds, limit values of 0.01 mg/m³ for the respirable fraction and 0.05 mg/m³ for the inhalable fraction may be difficult to be complied with in a number of sectors or processes, including specifically smelting, refineries and welding. Furthermore, since identical risk management measures can be used both for chromium (VI) and nickel compounds, the transitional measures aiming to reduce the exposure to these two groups of carcinogens should be aligned. Therefore, a transitional period until 17 January 2025 inclusive should be introduced during which a limit value of 0.1 mg/m³ for the inhalable fraction of the nickel compounds should apply. This transitional period would ensure alignment with the date of application of the OEL for Chromium (VI) compounds adopted in Directive 2017/2398/EU48 . _________________ 48 Directive (EU) 2017/2398 of the European Parliament and of the Council of 12 December 2017 amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work. Available at: https://eur- lex.europa.eu/legal- content/EN/TXT/?qid=1571906530859&ur i=CELEX:32017L2398.
Amendment 24 #
2020/0262(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Benzene meets the criteria for classification as carcinogenic (category 1A) in accordance with Regulation (EC) No 1272/2008 and is therefore carcinogen within the meaning of Directive 2004/37/EC. Benzene can also be absorbed through the skin. The limit value set out in Annex III to Directive 2004/37/EC for benzene should be carefully revised in the light of more rececurrently available relevant scientific data and it is appropriate to keep the skin notation. The ACSH, based on the RAC opinion, agreed on the usefulness of the biomonitoring for benzene. This should be considered when developing guidance on the practical use of biomonitoring.
Amendment 25 #
2020/0262(COD)
Proposal for a directive
Recital 14
Recital 14
(14) With regard to benzene, a revised limit value of 0.2 ppm (0.66 mg/m³) from previously 1 ppm (3,25mg/m3) may be difficult to be complied with in some sectors and by some undertakings, in particular microentreprises and SMEs, in the short term. A transitional period of 4 years after entry into force of this Directive should therefore be introduced. From two years up to four years after entry into force, a transitional limit value of 0.5 ppm (1.65 mg/m³) should apply.
Amendment 29 #
2020/0262(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The limit values established in this Directive are to be kept under regular scrutiny and review to ensure ongoing consistency with Regulation (EC) No 1907/200649 . _________________ 49Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals. Available at: https://eur-lex.europa.eu/legal- content/EN/ALL/?uri=CELEX%3A32006 R1907.
Amendment 4 #
2019/2209(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to Euronest Parliamentary Assembly resolution of 9 December 2019 on the future of the Trio Plus Strategy 2030: building a future of Eastern Partnership; having regard to final statements and recommendations of Parliamentary Association Committees of 19 December 2019 with Ukraine and Moldova; having regard to European Parliament annual report on the implementation of the common foreign and security policy of 18 December 2019,
Amendment 6 #
2019/2209(INI)
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
- having regard to the Joint Statement of 5 December 2019 adopted by Ministers of Foreign Affairs of Georgia, the Republic of Moldova and Ukraine on the Future of Eastern Partnership,
Amendment 8 #
2019/2209(INI)
Motion for a resolution
Citation 4 c (new)
Citation 4 c (new)
- having regard to the Joint Letter of 15 February 2020 by the Ministers of Foreign Affairs of Georgia, the Republic of Moldova and Ukraine on the MFF 2021-2027,
Amendment 26 #
2019/2209(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Eastern Partnership (EaP) is based on mutual interests and understanding, shared ownership and responsibility, differentiation, mutual accountability and a shared commitment between Armenia, Azerbaijan, Belarus, Georgia, the Republic of Moldova, Ukraine and the European Union to deepen their relations and adhere to international law and core values such as democracy, respect for human rights and fundamental freedoms, the rule of law, the independence and impartiality of the judiciary, and a social market economy, sustainable development and good governance;
Amendment 50 #
2019/2209(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the achievements and the strengthened differentiation in bilateral relations between the EU and the EaP countries with which it signed an Association Agreement are welcome, now it is time to provide those countries with clearer guidance on specific reform priorities, alignment criteria and on the next steps in the EU integration process;
Amendment 54 #
2019/2209(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the Ministers of Foreign Affairs of Georgia, the Republic of Moldova and Ukraine in the Joint statement of 5 December 2019 on the Future of Eastern Partnership called upon the EU to engage further in joint discussions on the progress, opportunities and challenges concerning the association-related reforms with the aim of facilitating full implementation of the AAs/DCFTAs and invited the EU to consider establishing an EU+ Three Associated Partners dialogue in the areas including, but not limited to, transport, energy, justice and digital economy;
Amendment 56 #
2019/2209(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas the Ministers of Foreign Affairs of Georgia, the Republic of Moldova and Ukraine in the Joint letter of 15 February 2020 on the MFF 2021– 2027 reiterated their strong commitment to contribute to the strategic success of the EaP, in particular through the differentiation principle and the establishment of a EU+ Three Associated Partners enhanced dialogue, and emphasised that a dedicated financial tool providing a robust assistance to support complex reform commitments in line with AAs/DCFTAs would be decisive for all actors involved in the process;
Amendment 95 #
2019/2209(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas, the success of transformation in the EaP countries, in particular of the three associated partner countries, can yield a positive example, which could also have an influence on the society in neighbouring Russia;
Amendment 117 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) acknowledge and strive for a continuous transformational impact of EaP policy in order to bring about political, social, economic and legal change in the three associated partner countries (the EU Trio countries);
Amendment 123 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point a a (new)
Paragraph 1 – point a a (new)
(aa) by taking into account the request from the EU Trio countries, create within the EaP policy a closer cooperation initiative – the EU Advanced Partnership Strategy (EU Trio Plus Strategy 2030) which will establish an EU reform and investment support platform, to be implemented first in the EU Trio countries, in areas including, but not limited to, investment capacity building, transport, energy, justice and digital economy, and will pave the way for an ambitious integration agenda with the EU;
Amendment 130 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point a b (new)
Paragraph 1 – point a b (new)
(ab) emphasise, that the implementation of the EU Trio Plus Strategy 2030 can be extended to the remaining Eastern Partners of Armenia, Azerbaijan and Belarus on the basis of individual assessments of EU reform commitments and of the progress made; stress, that further setbacks with regard to democracy, reforms and the rule of law and the erosion of the European orientation may entail the exclusion of the countries concerned from the EU Trio Plus Strategy 2030; ensure that Armenia, Azerbaijan and Belarus will have individualised, beneficial and tailor-made partnership relationships with the EU, conditional on reform commitments;
Amendment 152 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point c
Paragraph 1 – point c
(c) embrace an enhanced and future- oriented vision for the next decade of the EaP with the aim of ensuring lasting and irreversible achievements and deepening EU-EaP cooperation; invite the EU institutions to lead the creation of ever closer relations with the most advanced EaP countries, to begin with the EU Trio countries, and, with the support of a coalition of like-minded EU Member States, to establish for this purpose the EU Trio Plus Process, which shall be focused on tangible projects and programmes, such as the EU Support Group, Investment Framework platform, access to EU financing, and which will take into account the best reform support practices, including from the Western Balkans and the European Economic Area;
Amendment 187 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point f
Paragraph 1 – point f
(f) devise additional measures for deeper integration such as in selected EU agencies, investment framework platforms, intra-EU programmes and initiatives, in full compliance with existing conditionalities and pursuant to the more for more principle and which will take into account the best reform support practices;
Amendment 217 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point h a (new)
Paragraph 1 – point h a (new)
(ha) invite the EaP countries acceding to the EU Trio Plus Strategy 2030, starting with the countries that signed an Association Agreement with the EU, to use the reinforced political steering and benchmark instruments of the implementation of the EU Association Agreements, such as joint reporting and monitoring, which would bring in a credible merit-based approach, to the benefit of the EU and its influence in the EaP countries and beyond;
Amendment 223 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point h b (new)
Paragraph 1 – point h b (new)
(hb) invite the EaP countries, especially the EU Trio countries, to the Conference on the Future of Europe, which could set out a list scenarios on the future relationship of those countries with the EU;
Amendment 228 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point i
Paragraph 1 – point i
(i) acknowledge the associated partnership status of advanced EaP countries, notably the signatories of AAs with DCFTAs (the EU Trio countries), in order to accommodate the mutual need for more venues for political dialogue, further economic cooperation and legislative harmonisation;
Amendment 242 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point j
Paragraph 1 – point j
(j) engage further in State building and in strengthening institutions, by making instruments similar to the Support Group for Ukraine (the EU Support Group) available to the associated partners first and foremost; strong, independent and efficient institutions at a central and local level are key to democratic accountability, deoligarchisation, and the fight against corruption and State capture;
Amendment 265 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point k
Paragraph 1 – point k
(k) acknowledge and encourage initiatives by the governments of associated countries (the EU Trio countries) to boost their mutual cooperation; a similar approach should be applied to cooperation amongst all the Eastern European Partners on various issues;
Amendment 280 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – subheading 1 a (new)
Paragraph 1 – subheading 1 a (new)
New EaP instruments of financial support for the EU Trio Plus Strategy 2030
Amendment 281 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point l a (new)
Paragraph 1 – point l a (new)
(la) provide greater financial assistance, including in the context of the external financial instruments that are currently under legislative negotiation; such assistance should be tailored to the specific needs of the individual partners and used to implement activities under the EaP programme; note that this access to EU funding should be linked with reform commitments and should include a set of ambitious benchmarks of the European financial assistance for the EU Trio Plus Strategy 2030 countries;
Amendment 284 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point l b (new)
Paragraph 1 – point l b (new)
(lb) provide for the EU Trio Plus countries a greater access to EU funding, including via Connecting Europe Facility and the TEN programme as well as a gradual access to the Green Deal Fund of Just Transition to modernise emission- intensive industries; note that this access should be linked to differentiated benchmarks in line with the EU integration reform commitments;
Amendment 286 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point l c (new)
Paragraph 1 – point l c (new)
(lc) develop public investment management strategy for the EU Trio Plus countries, which would help absorbing the TEN infrastructure investments and would increase investment support, including via the Connecting Europe Facility;
Amendment 287 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point l d (new)
Paragraph 1 – point l d (new)
(ld) create for this purpose the Connectivity Agenda, which will include a list of major infrastructure projects implemented in the new Investment Framework platform and managed together with IFIs and the European Commission; propose that investments be tightly linked with reform implementation and suggest signing the Reform Contracts for Investments with the EU Trio countries and remaining Eastern Partners willing to join the EU Trio Plus Strategy 2030;
Amendment 288 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point l e (new)
Paragraph 1 – point l e (new)
(le) adopt a comprehensive infrastructure-building plan with the aim of improving connectivity between the EU and its Eastern European Partners, and among the EaP countries themselves;
Amendment 330 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point q
Paragraph 1 – point q
(q) extend to other associated partners the approach employed by the EU in its efforts to support the recovery of the Ukrainian economy, including by means of tailored and flexible macro-financial assistance and instruments and engagement and coordination of international financial institutions and donors, and by improving the environment for foreign direct investment (FDI); in the proposed single Neighbourhood, Development and International Cooperation Instrument (NDICI) stress the importance of differentiation within the EaP in assisting the EU Trio Plus countries in line with the principles of ‘more for more’ and ‘less for less’;
Amendment 355 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point r
Paragraph 1 – point r
Amendment 380 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point t
Paragraph 1 – point t
(t) strengthen intra-EaP academic cooperation by launching an EaP university focused onand targeted EaP programmes in specialised universities focused on European values and rule of law, good governance and public administration;
Amendment 483 #
2019/2209(INI)
Motion for a resolution
Paragraph 1 – point y a (new)
Paragraph 1 – point y a (new)
(ya) establish an EaP European municipalities Twinning program to support Twinning Partnerships between municipalities in EaP countries and EU Member States, especially in Central and Eastern Europe, which have institutional memory of the European modernisation;
Amendment 6 #
2019/2201(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
— having regard to the European Commission’s Joint Communication on the “Eastern Partnership policy beyond 2020 - Reinforcing Resilience, an Eastern Partnership that delivers for all” of 18 March 2020,
Amendment 8 #
2019/2201(INI)
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
— having regard to the Council Conclusions of 11 May 2020 on the Eastern Partnership policy beyond 2020,
Amendment 26 #
2019/2201(INI)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
— having regard to the OECD/ODIHR Report of 24 February 2019 on the conclusions from the Parliamentary Elections in Moldova Observation Mission,
Amendment 35 #
2019/2201(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the Ministers of Foreign Affairs of Georgia, the Republic of Moldova and Ukraine in the Joint letter of 15 February2020 on the MFF 2021– 2027 reiterated their strong commitment to contribute to the strategic success of the EaP, in particular through the differentiation principle and the establishment of a EU+ Three Associated Partners enhanced dialogue, and emphasized that a dedicated financial tool providing a robust assistance to support complex reform commitments in line with AAs/DCFTAs would be decisive for all actors involved in the process;
Amendment 47 #
2019/2201(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the COVID-19 pandemic has proved the rising need for a coordination in tackling common threats between the Union and neighbouring countries; whereas the Union has responded to that need with, among other tools, the provision of financial help to its neighbours from which Moldova is entitled to receive up to EUR 100 million;
Amendment 51 #
2019/2201(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas in April 2019 Moldova celebrated as an associated country 5 years of visa free regime and more than 2.1 million citizens (over 60% of the country's population) have visited the Schengen area since its inception;
Amendment 80 #
2019/2201(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the November 2019 Activity Program of the Moldovan Government is less ambitious than the previous government’s 2030 Global Agenda,; and regrets the lack of a new NAPIAAcknowledges the correlation between the next Association Agenda and a new NAPIAA and underlines the importance of agreeing as soon as possible on a new Agenda, as one of the tools to steer the implementation of the Association Agreement; insists that the continuation of EU sector budget support remains conditional upon the delivery of tangible reform, in particular of the judiciary;
Amendment 91 #
2019/2201(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the European Commission to develop amake a proper use of existing mechanism to monitor the concrete implementation of reforms, including clear benchmarks;
Amendment 97 #
2019/2201(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on Moldovan authorities to further implement the commitments made in the context of the liberalised visa regime for the Schengen area in the area of effective migration management and to ensure asylum rights for third-country applicants in the Republic of Moldova;
Amendment 115 #
2019/2201(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the progress achieved on the reform of public administration and public financial management, but encourages further steps to increase transparencyunderlines that a more efficient and sustainable AA implementation stems from an impartial and professional administration of State institutions and agencies; in this regard encourages Moldovan authorities to increase transparency as well as to prepare and implement the public administration reform of which the starting point might be a public administration national school;
Amendment 145 #
2019/2201(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines that the EU is the biggest provider of aid to Moldova; observes with great concern the continuous propaganda, disinformation campaigns and denigrating messages by governing politicians against the Union, that paint a distorted and unrealistic picture on public television and in the media; regrets such public attacks on the Union’s aid and image as they undermine the implementation of the AA and EU- Moldova relation;
Amendment 155 #
2019/2201(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Reiterates the importance of implementing all priority reforms agreed in the Association Agenda and conditionalities agreed for the disbursement of second and third tranches of Macro-Financial Assistance;
Amendment 156 #
2019/2201(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Urges the Moldovan authorities to fully implement the Audiovisual Media Services Code in line with European standards of media freedom and pluralism as recommended by the European Commission and the Venice Commission; stresses the need to avoid all attempts to undermine media pluralism, notably those that would further encourage the cartelisation of the media market and related advertising market; notes with concern that, currently, the media is highly monopolised and subordinate to the country’s political and business groups; calls for transparency of media ownership and the provision of dedicated assistance to independent media, especially local outlets, to in order comply with the Code’s requirements regarding obligatory local content; stresses the importance of ensuring genuine independence of the media regulatory agency;
Amendment 160 #
2019/2201(INI)
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
AA’s implementation importance in the ongoing political developments and the run-up to the November 1 Presidential Elections
Amendment 161 #
2019/2201(INI)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Emphasizes the need for a strong and fair political rivalry among presidential candidates, which would not be possible without healthy and transparent system of party-financing and presidential campaign financing;
Amendment 162 #
2019/2201(INI)
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Stresses that without the genuine determination of the political class to reform the country and to truly implement the AA with the EU, none of true and lasting development could be reached; in this regard, encourages, all political actors and political forces in the country to contribute and initiate multi-party formats and collaboration in good faith on Moldova’s strategic goals thus contributing to the quality of democracy and to the improvement of life conditions of people;
Amendment 163 #
2019/2201(INI)
Motion for a resolution
Paragraph 8 f (new)
Paragraph 8 f (new)
8f. Stresses that free and open access to Moldovan elections for Moldavan citizens living in Transnistria is a positive and important need, but establishing clear and transparent rules to fight the corrupted proceedings of votes buying is an even more urgent need as those practices undermine and destroy all democratic efforts made by political actors of Moldova;
Amendment 164 #
2019/2201(INI)
Motion for a resolution
Paragraph 8 g (new)
Paragraph 8 g (new)
8g. Regrets that for the past five years the political class developments were dominated by corrupt processes that led to party switching and political opportunism; in this regard, urges the authorities to speed up the justice reform to allow for state institutions to function independently and transparently without being undermined or captured by oligarchic interests;
Amendment 165 #
2019/2201(INI)
Motion for a resolution
Paragraph 8 h (new)
Paragraph 8 h (new)
8h. Underlines in view of future elections the importance of democratic legitimacy of the government, transparency in coalition building, respect for the will of the voters and the importance that a government majority reflects the vote of the people;
Amendment 168 #
2019/2201(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes Moldovan participation in common security and defence policy (CSDP) missions and operations, cyber security and cyber-crime investigations, as well as Moldova’s cooperation with NATO as well as Moldova’s cooperation with NATO and calls on the European Commission and the European Council to further connect Republic of Moldova to new formats of cooperation on countering cyber security, hybrid threats and cyber-crime investigations;
Amendment 206 #
2019/2201(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the Moldovan authorities to ensure the complete independence of the Constitutional Court, and that it is not subject to any form of political interferencefrom the political power; condemns the enormous pressure, blackmailing and harassment the Court’s judges went through before delivering the decision on the Russian loan; deeply regrets the attempts to politicize the Constitutional Court and the inactivity of the prosecution and the anti-corruption centre to defend the independence of the Constitutional Court;
Amendment 209 #
2019/2201(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Reiterates its calls to change the law on appointing the Superior Council of Magistracy and the election of its president in accordance with the recommendations of the Venice Commission; remains deeply concerned by the Moldovan parliament’s powers to appoint judges to the supreme court of justice making it political controlled;
Amendment 230 #
2019/2201(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Moldovan authorities to increase transparency on the funding of political parties, and to investigate all irregularities in a fair and unbiased way; calls on the authorities to ensure that no funds of charitable foundations are used in the electoral campaigning; urges the authorities to forbid the use of the administrative funds in favour of the governing political class during the election campaign;
Amendment 310 #
2019/2201(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls for more determined action from Moldovan authorities in the field of environmental protection and climate change, in particular waste management, and management of water from the Nistru river;
Amendment 313 #
2019/2201(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Invites the European Commission to include Moldova in the stress tests conducted for the internal energy market;
Amendment 314 #
2019/2201(INI)
Motion for a resolution
Subheading 7 a (new)
Subheading 7 a (new)
Non-governmental organizations and citizens' cooperation
Amendment 315 #
2019/2201(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24c. Reiterates the important role that non-governmental organization can play in bringing closer the Republic of Moldova and the European Union as well as being of benefit for the AA implementation; in this regard welcomes adoption of a new Law on Non- Commercial Organizations that cuts the time and bureaucratic procedures needed to register an NGO in Moldova as well as improves financial transparency of non- governmental entities;
Amendment 316 #
2019/2201(INI)
Motion for a resolution
Paragraph 24 d (new)
Paragraph 24 d (new)
24d. Supports the idea of a broad participation of civil society through e.g. independent NGOs in implementation of the strategic country’s goals as well as contribution to the bottom-up democratic recovery of state; underlines in this regard that a priority should be given to the NGOs working on democracy standards and fighting the negative consequences of the COVID-19 pandemic; stresses that the EU should establish clear rules helping to avoid provision of grants to “GONGO’s”(NGO’s established and financed by governments through informal channels);
Amendment 317 #
2019/2201(INI)
Motion for a resolution
Paragraph 24 e (new)
Paragraph 24 e (new)
24e. Encourages the European Commission to prepare, consult and create tailored programs for citizens in mode of a direct contact with beneficiaries by using the on-line platform for applying and reporting the use of the funds in the programs; calls in this regard to consider the Green Deal purposes, day-to-day needs of citizens in Moldova;
Amendment 322 #
2019/2201(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Encourages the Moldovan authorities to requestconsider the establishment of a Jean Monnet Dialogue to support inter- party dialogue and parliamentary capacity building;
Amendment 15 #
2019/2200(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the continuous deepening of EU-Georgia relations and the firm support that Georgia’s chosen path of European and Euro-Atlantic integration enjoys across the political spectrum and in society; acknowledges the progress achieved by Georgia, which has made it a key partner of the EU in the region, and reiterates the need to continue implementing reforms under the Association Agreement (AA) and the Deep and Comprehensive Free Trade Area; reminds that the EU assistance is based on the principle "more for more" and conditional to reform progress in, but not limited to, areas of democracy and rule of law, independence of judiciary and electoral system reform;
Amendment 24 #
2019/2200(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates its full support for Georgia’s sovereignty and territorial integrity within its internationally recognised borders and condemns the illegal occupation of the Georgian regions of Abkhazia and Tskhinvali/South Ossetia by the Russian Federation; emphasises that the AA covers the entire territory of Georgia, including its occupied regions, and aims to benefit its whole population; calls on the Russian Federation to fulfil its obligations under the EU-mediated ceasefire agreement of 12 August 2008, notably to withdraw all its military forces from Georgia’s occupied territories and allow the European Union Monitoring Mission (EUMM) unhindered access to the whole territory of Georgia; condemns "borderisation" activities along the Administrative Boundary Line by Russian and de facto South Ossetian security actors; asks the Commission and the EEAS to enhance their efforts to resolve the conflict peacefully, including through the EUMM and the EU Special Representative for the South Caucasus and the crisis in Georgia;
Amendment 42 #
2019/2200(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 52 #
2019/2200(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the pardoning of Gigi Ugulava and Irakli Okruashvili by President of Georgia as an important step towards the full implementation of the internationally-mediated Agreement between the Georgian Government and the opposition of 8 March 2020, which included the establishment of the key features of the electoral system to be used for the upcoming parliamentary elections and elimination of political interference into justice system; looks forward to seeing the agreed-upon changes made to the electoral system when the Georgian parliament returns to work in the next weeks, as well as the release from prison of Giorgi Rurua as agreed in the Agreement of 8 March 2020;
Amendment 59 #
2019/2200(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Georgian authorities to implement swiftly and fully the OSCE/ODIHR recommendations and review relevant legislation to address the identified shortcomings and ensure that concerns enumerated in the OSCE/ODIHR and other legitimate election observation reports, particularly related to impunity of violence, vote- buying as well as the ability of voters, especially civil servants, “to vote free from pressure and fear of retribution” are eliminated;
Amendment 67 #
2019/2200(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the importance of media freedom, which should entail equal access for all political parties to the media during the upcoming electoral campaign, pluralistic and non-discriminatory coverage of political views in programmes by public and private broadcasters, clear provisions regulating free and paid advertisements, and improved transparency through strengthened media monitoring; recalls the 2018 OSCE/ODIHR Election observation report which stated that “The national public broadcaster displayed a clear bias against the opposition and did not fulfil its obligations to ensure editorial independence, fairness and impartiality of programs, contrary to international standards” and expresses hope that the coverage of the 2020 campaign will contrast with such assessment; further notes with concern the statements of Reporters Without Borders on pressure on journalists of the public broadcaster of the Autonomous Republic of Adjara of February 5, 2020;
Amendment 69 #
2019/2200(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Urges the government of Georgia to ensure effective handling of information environment in the run up to the 2020 elections; urges the Georgian government to work with the civil society and the private sector to limit and prevent information manipulations, including disinformation and propaganda campaigns against any political group or the country by domestic or foreign actors; urges social media platforms to take effective actions to protect information environment and prevent undermining electoral integrity by misuse of social media platforms; expresses hope that the national public broadcaster will fulfil its obligation of editorial independence, fairness and impartiality in the run-up and during the 2020 parliamentary elections and that concerns raised by the OSCE/ODIHR election observation report of 2018 Presidential election specifically in relation to the bias of the Georgian Public Broadcaster will be addressed accordingly;
Amendment 74 #
2019/2200(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Reaffirms support to the vibrant civil society in Georgia; expresses hope that in the run-up to the 2020 elections environment for independent watchdogs and activists will be free from any intimidation, interference or verbal attacks;
Amendment 78 #
2019/2200(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Expresses its concern about recent court cases against opposition politicians, which contributed to a climate of increased mistrust and heightened tensions between the ruling party and the opposition, and led to a polarisation of politics and society; calls on Georgia to respect the highest standards of judicial independence and fair trial as committed to under the AA;such practices run counter to the letter and spirit of the Association Agreement. Further expresses concern that violent incidents against opposition leaders and peaceful demonstrators is often unpunished. While any government is entitled to use lawful and proportionate force against violent unrest, violent attacks on peaceful demonstrators and opposition leaders and impunity for such violent acts sets extremely dangerous precedent for the upcoming 2020 electoral campaign.
Amendment 100 #
2019/2200(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly condemns the cyber- attacks against Georgian institutions and media outlets widely attributed to Russian actors; calls on all political actors in Georgia to refrain from using social media to attack people, organisations and institutions and spread deliberate misinformation; takes note with concern that in December 2019 and May 2020 Facebook deleted hundreds of pages and profiles in Georgia for their "inauthentic coordinated behaviour”; According to Facebook's official statement, these pages mostly linked with Georgian Dream and targeted opposition politicians and civil society organisations. Election campaign should be devoid of any such undertakings.
Amendment 136 #
2019/2200(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recommends to give a special mandate to the European Parliament Delegation in the EU-Georgia Parliamentary Association Committee to watch and observe preparations and realization of fair and transparent forthcoming October 2020 parliamentary elections in Georgia;
Amendment 72 #
2019/2136(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that at a moment when competing powers are increasingly challenging the rules-based global order, we, as Europeans, must defend multilateralism, international law, democracy, rule of law and human rights, both internationally and inside the EU;
Amendment 101 #
2019/2136(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reiterates the urgent need to strengthen the EU’s resilience and independence by reinforcing a CFSP which promotes peace, security, human rights and fundamental freedoms in Europe and throughout the world; calls for an EU human rights sanction mechanism, the so-called "Magnitsky List", allowing for targeted sanctions against individuals complicit in serious human rights violations;
Amendment 128 #
2019/2136(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the European Union needs to be able to react to crises more rapidly and effectively and should put a greater emphasis on preventing conflicts at an early stage; recalls the EU fundamental role in fostering democracy in the European Neighbourhood, especially via the European Endowment for Democracy support programmes;
Amendment 147 #
2019/2136(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Promotes an EU foreign policy that will unite the EU institutions and all foreign ministries behind a common and strong EU-level foreign policy; emphasises the need to build ad hoc coalitionsre-establish closer cooperation forms between the HR/VP and the foreign ministers, delegating the latter to act on behalf of the EU in order to strengthen EU cohesion and democratic legitimacy;
Amendment 155 #
2019/2136(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Reiterates the importance of article 24(3) TEU, highlighting that Member States shall support the Union's external and security policy unreservedly in a spirit of loyalty and mutual solidarity and refrain from any action which is contrary to the interest of the Union; as envisaged by the Treaty, the EU Foreign Affairs Council is the forum, at which national ministers present their views and arrive at an agreed policy; once the policy is agreed by unanimity, Member States shall support the HR/VP in its execution, without acting in parallel;
Amendment 174 #
2019/2136(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that the European Union can only deliver its full potential when speaking and acting with one voice and when decision-making is shifted step by step from the national to the supranational level, taking full advantage of the possibilities offered by the EU institutions and their procedures, acting in full compliance with the rule of subsidiarity and Member States' competences; stresses that the European Union should use all available means to achieve this goal, including those offered by parliamentary diplomacy;
Amendment 254 #
2019/2136(INI)
Motion for a resolution
Paragraph 17 – point 1 (new)
Paragraph 17 – point 1 (new)
(1) Reminds and emphasizes that cooperation with Eastern Partnership countries and other EU neighbourhood countries should be a priority for the CFSP, due to the vital interest of the EU in the development and democratization of these countries; therefore, it deplores the conclusions of the European Council of 17-18 October 2019 and recalls its position on this issue expressed on 24 October 2019 with a hope that the European Council will revise its decision as soon as possible;
Amendment 352 #
2019/2136(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the VP/HR, the Commission and the Member States to continue and step up their efforts to increase their ability to confront hybrid threats by strengthening the EU’s cyber defences and building of critical infrastructures' cyber-resilience against hybrid threats; calls, in this regard, for the development of comprehensive joint capacities and methods to analyse risk and vulnerability;
Amendment 356 #
2019/2136(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Stresses that the European Commission should integrate cybersecurity strategy in European digitalization efforts and promote the initiative in all Member States as part of a strong political and economic commitment in digital innovation;
Amendment 368 #
2019/2136(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Promotes the boosting of the European Union’s strategic communication capabilities; calls, in that connection, for further support for the EEAS Strategic Communications Division, which is especially important in the Eastern Neighbourhood countries;
Amendment 376 #
2019/2136(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses the need to benefit from the EU’s competitive advantage so that it can quickly establish a strategic position in the international race of emerging technologies, such as artificial intelligence, 5G deployment and complete EuroHPC ecosystem in order to prevent the EU from becoming dependent on digital giants;
Amendment 400 #
2019/2135(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Believes that the Union and its Member States face an unprecedented threat in the form of cyber attacks as well as cyber crimefrom cyber attacks, cyber crime and cyberterrorism; Stresses that cyber incidents very often have a cross-border element and therrorism;efore concern more than one EU Member State: believes that the nature of cyber attacks makes them a threat that requires a Union-level response; encourages the Member States to provide mutual assistance in the event of a cyber attack against any one of themorder to avoid fragmentary cyber-security protection;
Amendment 420 #
2019/2135(INI)
Motion for a resolution
Paragraph 52 a (new)
Paragraph 52 a (new)
52a. Recognise a new capabilities which will open up new opportunities for units in the theatre of operations to collaborate in an immersive digital space and stay protected in near-real time, especially when 5G is combined with other innovations like the defence cloud and hypersonic defence systems;