BETA

1800 Amendments of Adam JARUBAS

Amendment 11 #

2023/2123(INI)

Draft opinion
Paragraph 1
1. Welcomes the European Hydrogen Bank (EHB) initiative; regrets the use of the word ‘bank’, since the project will not entail investment and lending activities; calls on the Commission to rename the initiative to facilitate the identification of the objectives by project promoters and the general public including early market creation and price discovery;
2023/10/13
Committee: BUDG
Amendment 14 #

2023/2123(INI)

Motion for a resolution
Recital D a (new)
Da. whereas the European electrolyser manufacturing industry has set an objective of installing at least 25GW of manufacturing capacity by 2025 in order to fulfil the 10 million tonnes of domestic production of renewable hydrogen in the EU by 2030, representing around 120 GW of installed capacity in Europe;
2023/07/20
Committee: ITRE
Amendment 15 #

2023/2123(INI)

Draft opinion
Paragraph 2
2. Recalls that a budget of EUR 3 billion was announced for the EHB in the 2022 State of the European Union address; takes note that a budget of EUR 800 million is expected for the first EU pilot auction for renewable hydrogen production; calls on the Commission to detail what further funding will be made availablenotes furthermore the opening remarks at the Clean Transition Dialogue on Hydrogen which stated the role of NextGenerationEU and RepowerEU in investing in hydrogen valleys, hydrogen trains, and clean-steel factories; takes note that a budget of EUR 800 million is expected for the first EU pilot auction for renewable hydrogen production; calls on the Commission to detail what further funding will be made available; stresses its long-standing position that new priorities must be financed with fresh money and therefore that the funding for the EHB should not lead to a reduction of the funding for other Union priority programmes;
2023/10/13
Committee: BUDG
Amendment 19 #

2023/2123(INI)

Motion for a resolution
Recital E
E. whereas fuel cells and electrolysers require chemicals, technology-intensive components and several critical raw materials, in particular platinum-group metals, the main producers of which are either not located in the EU or whose production in the EU has been curtailed due to uncompetitive operating conditions;
2023/07/20
Committee: ITRE
Amendment 23 #

2023/2123(INI)

Draft opinion
Paragraph 3
3. Highlights that pillars 1 and 4 of the EHB will partly rely on the coordination of the same EU programmes as the Strategic Technologies for Europe Platform in order to support the development of hydrogen production; invites the Commission to clarify the interaction between the two initiatives; including regarding the objectives, implementation, financing, coordination and communication;
2023/10/13
Committee: BUDG
Amendment 24 #

2023/2123(INI)

Motion for a resolution
Recital F
F. whereas a market for renewable and low-carbon hydrogen remains to be built and will require appropriate customer protection and significant investments in order to achieve climate and carbon neutrality targets to be incentivised in all hard-to-abate sectors;
2023/07/20
Committee: ITRE
Amendment 27 #

2023/2123(INI)

Draft opinion
Paragraph 4
4. Welcomes the ambition of EHB pillar 1 to spur the development of a domestic market for hydrogen; calls on the Commission to ensure a level playing field when conducting auctions under the Innovation Fund so as to secure the widest participation from Member States, including by considering support for hydrogen based on renewable sources from other bidding zones than the production zone; agrees that a well-functioning domestic market requires cross-border hydrogen infrastructure; regrets the fact that the Commission’s proposal for the revision of the multiannual financial framework (MFF) did not include an increase in funding for the Connecting Europe Facility; notes that ACER is not mentioned, and calls on the Commission to assess if EHB activities will have an impact on ACER’s resources;
2023/10/13
Committee: BUDG
Amendment 30 #

2023/2123(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas end-use demand for renewable and low-carbon products needs to be incentivised in all sectors;
2023/07/20
Committee: ITRE
Amendment 31 #

2023/2123(INI)

Motion for a resolution
Subheading -1
Clarifying the role of the Hydrogen Bank as an “Umbrella-scheme”
2023/07/20
Committee: ITRE
Amendment 32 #

2023/2123(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission communication on the European Hydrogen Bank (EHB); notes that the name ‘European Hydrogen Bank’ can be misleading, as this is not a bank but an initiative aiming to coordinate activities and financing to support renewable and low-carbon hydrogen projects; considers that the EHB should bear clear responsibility for the implementation of the recommendations included in this resolution under an efficient and streamlined “umbrella-scheme”;
2023/07/20
Committee: ITRE
Amendment 35 #

2023/2123(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Encourages the Commission to provide more funding support and visibility to that initiative, as it will represent an important milestone for kick- starting the European hydrogen market;
2023/07/20
Committee: ITRE
Amendment 35 #

2023/2123(INI)

Draft opinion
Paragraph 5
5. Takes note that there is no financing instrument to support the implementation of EHB pillar 2; regrets the fact that the Commission did not submit a proposal in this regard as part of the MFF revision; calls on the Commission to quickly address this gap; asks the commission to clarify the relations between pillar 2 and Team Europe Initiatives.
2023/10/13
Committee: BUDG
Amendment 37 #

2023/2123(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Stresses that the European Hydrogen Bank can act complementarily to the Net-Zero Industry Act, serving the increased demand for EU-produced hydrogen and the installed production of electrolysers;
2023/07/20
Committee: ITRE
Amendment 62 #

2023/2123(INI)

Motion for a resolution
Paragraph 5
5. Emphasises that Hydrogen Valleys and related infrastructures play an important role in fostering innovation and contributing to the local economy, as they provide secured clusters of hydrogen supply and demand in Europe; notes therefore that the EHB has the responsibility to coordinate and support all relevant consumption centres across Hydrogen Valleys and upscale the large- scale hydrogen flagship projects;
2023/07/20
Committee: ITRE
Amendment 68 #

2023/2123(INI)

Motion for a resolution
Subheading 1
Financial support for the domestic production of renewable and low-carbon hydrogen
2023/07/20
Committee: ITRE
Amendment 70 #

2023/2123(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the Commission’s decision to launch a first price-based pilot auction to support renewable hydrogen; takes note of the budget of EUR 800 million for supporting the production of renewable hydrogen over 10 years;
2023/07/20
Committee: ITRE
Amendment 74 #

2023/2123(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Asks the Commission to not only consider price, but also to explore the inclusion of a clear system of bonus points for the ranking of bids; notes that such a system should reward bids that deliver the highest level of sustainability or lead to significant job creation and promote high-quality traineeships and the reskilling or upskilling of workers within the EU;
2023/07/20
Committee: ITRE
Amendment 76 #

2023/2123(INI)

Motion for a resolution
Paragraph 6 c (new)
6c. Agrees with a ceiling price as proposed by the Commission, in order to avoid overcompensation for the winning projects; notes, however, that as the delta between production and consumption of hydrogen will be high, at least at the very beginning, the ceiling price for the first call should be set at five euros per kilo for renewable hydrogen production;
2023/07/20
Committee: ITRE
Amendment 78 #

2023/2123(INI)

Motion for a resolution
Paragraph 7
7. Asks the Commission to consider complementary mechanisms for off-takers such as grants, contracts for difference and carbon contracts for difference; endorses also the Commission’s proposal to support producers with a fixed premium as it is a simple and transparent way to remunerate projects;
2023/07/20
Committee: ITRE
Amendment 81 #

2023/2123(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls on the Commission to revisit its proposed terms for cumulation of State aid as most hydrogen projects within the EU, which could sustainably deliver on relevant quantities, risk to be automatically excluded from the first EHB call;
2023/07/20
Committee: ITRE
Amendment 82 #

2023/2123(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Asks the Commission to incorporate into the EHB a mechanism for the auction-based promotion of a timely and effective Power-to-X market ramp-up on an industrial scale, promoting initiatives such as "H2 Global";
2023/07/20
Committee: ITRE
Amendment 83 #

2023/2123(INI)

Motion for a resolution
Paragraph 8
8. Reiterates the importance of geographical and sectoral balance to enable the production and use of renewable and low-carbon hydrogen across the EU; calls on the Commission to develop sectoral and regional auctions, providing the opportunity for all Member States to develop their hydrogen economy despite varying access to renewables, preferably close to projects under the Net-Zero Industry Act and in “net-zero valleys”;
2023/07/20
Committee: ITRE
Amendment 90 #

2023/2123(INI)

Motion for a resolution
Paragraph 9
9. Stresses that the design of future auctions should prioritise, but not restrict, the sale of renewable and low-carbon hydrogen to hard-to-abate industries and heavy transport, considering in particular sectors subject to a renewable hydrogen mandate under the Renewable Energy Directive alongside heavy transport and the maritime sector;
2023/07/20
Committee: ITRE
Amendment 94 #

2023/2123(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Calls for clarity and coherence about the time of commissioning of projects, as it has to be sufficient and provide certainty that the equipment and infrastructure for the projects can be procured on time; stresses, therefore, that a maximum time of 5 years for the realisation of the projects has to be considered;
2023/07/20
Committee: ITRE
Amendment 97 #

2023/2123(INI)

Motion for a resolution
Paragraph 9 b (new)
9b. Asks the Commission to facilitate the access of SMEs in the bidding process, e.g. via a lower capacity minimum, the possibility of pooling and the submission of bids ahead of permits to ensure financial security;
2023/07/20
Committee: ITRE
Amendment 106 #

2023/2123(INI)

Motion for a resolution
Paragraph 11
11. Recognises the urgent need to scale up the production of electrolysers in the EU; proposes differentiating between operating and capital expenditurealong with other hydrogen technologies in the EU; considers that potential support for capital expenditure on low-carbon hydrogen should onprimarily be directed towards investments that can contribute to the production of renewable hydrogen and the transition to climate neutrality at a later stage, in particular the purchase of electrolysers, and should not cover operating expenditure on low-carbon hydrogen;
2023/07/20
Committee: ITRE
Amendment 109 #

2023/2123(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Supports the Commission’s approach to further consult stakeholders on other elements, such as the use of bids or completion bonds (covering potentially the amount of 7.5% of the total support volume), making the tool more efficient to project developers and stakeholders;
2023/07/20
Committee: ITRE
Amendment 116 #

2023/2123(INI)

Motion for a resolution
Paragraph 12
12. Welcomes the Commission’s idea of launching the concept of ‘auctions as a service’; considers that this could lower the administrative costs for the Member States; stresses that the administrative burdens in the application process should be reduced, as far as possible, so that the award processes can also be handled by SMEs;
2023/07/20
Committee: ITRE
Amendment 137 #

2023/2123(INI)

Motion for a resolution
Paragraph 16
16. Recalls that the CBAM will apply to hydrogen; calls on the Commission to deliver a robust certification scheme in line with the revised Renewable Energy Directive for imports of renewable hydrogen, equivalent to the rules applying to domestic production, safeguarding a level playing field for reliable international partners; calls on the Commission to ensure that the CBAM adequately ensures a level playing field for hydrogen produced in Europe, including with regard to the indirect carbon costs that are passed on to consumers in European electricity prices but are not faced by consumers in other regions of the world;
2023/07/20
Committee: ITRE
Amendment 150 #

2023/2123(INI)

Motion for a resolution
Paragraph 18
18. Stresses the importance of diversifying suppliers and maintaining a fair global playing field when providing support for renewable hydrogen production in non-EU countries; proposes requiring the use of the euro for imports of renewable hydrogen receiving EU support, in order to become the global currency of reference for hydrogen exchanges worldwide, as presented in the Hydrogen Accelerator;
2023/07/20
Committee: ITRE
Amendment 153 #

2023/2123(INI)

Motion for a resolution
Subheading 3 a
Financial support for the transportation of renewable and low-carbon hydrogen
2023/07/20
Committee: ITRE
Amendment 155 #

2023/2123(INI)

Motion for a resolution
Paragraph 18 b (new)
18b. Supports the idea of developing local infrastructure for hard-to-abate sectors and hydrogen valleys, mitigating transportation costs by enhancing exploitation of hydrogen in the areas of production;
2023/07/20
Committee: ITRE
Amendment 156 #

2023/2123(INI)

Motion for a resolution
Paragraph 18 c (new)
18c. Recognises the need to ensure sufficient investments into hydrogen infrastructure connecting supply and demand; emphasises the urgency to build a hydrogen infrastructure (e.g. the European Hydrogen Backbone) to distribute hydrogen throughout the EU and therefore ensure that hydrogen can reach those industries that need it the most;
2023/07/20
Committee: ITRE
Amendment 157 #

2023/2123(INI)

Motion for a resolution
Paragraph 18 d (new)
18d. Considers both grants and (carbon) contracts for difference with a transportation cost component as suitable instruments to support investments into hydrogen infrastructure; stresses, in the same perspective, that additional resources should be allocated to the CEF, enhancing the funding of relevant infrastructure by inviting the Commission to mobilise EU funding also under Cohesion Policy and the RRF;
2023/07/20
Committee: ITRE
Amendment 158 #

2023/2123(INI)

Motion for a resolution
Subheading 4
Streamlining of EU instruments and financial implicationmechanisms
2023/07/20
Committee: ITRE
Amendment 159 #

2023/2123(INI)

Motion for a resolution
Paragraph 19
19. Takes note of the budget of EUR 3 billion for the EHB that was announced in the 2022 State of the Union address; calls on the Commission to significantly increase this budget; stresses that the budget of €800 million for the pilot auction should be increased to 2 billion euros per year until 2030 and to enshrine it into the legislative framework;
2023/07/20
Committee: ITRE
Amendment 163 #

2023/2123(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Expresses strong concerns about the overall budget of the EHB compared to the subsidies, incentives and the more attractive investment framework in general for hydrogen projects in other regions of the world, in particular China and the US; encourages the Commission to expand the share of the Innovation Fund dedicated to the EHB and use the midterm review of the multiannual financial framework (MFF) to increase the resources allocated to the EHB;
2023/07/20
Committee: ITRE
Amendment 167 #

2023/2123(INI)

Motion for a resolution
Paragraph 19 b (new)
19b. Urges the Commission to examine the possibility of a potential raise of the duration support from 10 to 15 years with subsequent increase of the budget of EUR 800 million over the next years;
2023/07/20
Committee: ITRE
Amendment 168 #

2023/2123(INI)

Motion for a resolution
Paragraph 20
20. Asks the Commission to clarify the yearly budget available for the next five years under each pillar of the EHB, prepare a road map of planned auctions and, where appropriate, make a legislative proposal for a financial instrument targeting imports from non-EU countries under the umbrella of the EHB; stresses that the dates of any future auction rounds should be announced at least 24 months in advance;
2023/07/20
Committee: ITRE
Amendment 172 #

2023/2123(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Stresses that funding for the EHB should not negatively impact the resources available under the Innovation Fund, which are themselves urgently needed to facilitate the transition to carbon neutrality; notes that, in addition to the Innovation Fund, other funding sources should be considered, such as unused RRF and MFF funds; suggests to the Commission to explore the possibility to establish a mechanism within the EHB to ensure synergies and coordinate resources from the RRF, the JTF, MFF and other related funds;
2023/07/20
Committee: ITRE
Amendment 174 #

2023/2123(INI)

Motion for a resolution
Paragraph 21
21. Expresses concerns about the overall budget of the EHB compared to the subsidies given by economic partners and competitors, in particular China and the USA; encourages the Commission to expand the share of the Innovation Fund dedicated to the EHB and use the midterm review of the multiannual financial framework (MFF) to increase the resources allocated to the EHB;deleted
2023/07/20
Committee: ITRE
Amendment 189 #

2023/2123(INI)

Motion for a resolution
Paragraph 23
23. Stresses the need for an annual report by the Commission assessing progress in the development of the renewable and low-carbon hydrogen market and evaluating the activities of the EHB; asks that this report also evaluate the geographical breakdown of funding, the number of jobs created, changes in supply and demand, the cost of renewable hydrogen compared to other forms of hydrogen, and the development of dedicated hydrogen infrastructures;
2023/07/20
Committee: ITRE
Amendment 280 #

2023/0132(COD)

Proposal for a directive
Recital 63
(63) It is currently possible for applicants for marketing authorisation of generic, biosimilar, hybrid and bio-hybrid medicinal products to conduct studies, trials and the subsequent practical requirements necessary to obtain and vary regulatory approvals for those medicinal products during the term of protection of thewithout this being considered patent or Supplementary Protection Certificate (SPC) of the reference medicinal product, without this being considered patent or SPC infringement. The application of thinfringement. The application of this limited exemption is however fragmented across the Union and the objective of enabling a day one entry of generic and biosimilar medicinal products has not been fully achieved. The timely entry of generic and biosimilar medicinal products into the Union market is limited exemption is however fragmented across the Union and iportant in order to increase competition, reduce prices, ensure that national healthcare systems are sustainable and improve patients’ access to affordable medicines. It is considered necessary, in order to facilitate the market entry of medicinal products, in particular generic, biosimilar, hybrid and bio-hybrid medicinal products that rel on day one a reference medicinal productfter loss of the patent or SPC protection, to clarify its scope in order to ensure a harmonised application in all Member States, both in terms of beneficiaries and in terms of activities covered. The exemption must be confined to conduct studies and trials and other activities needed for the regulatory approval process or administrative purposes, health technology assessment and, obtaining pricing and reimbursement requestdecisions, the public and private procurement of medicinal products to be supplied immediately after ex piry of the relevant patents or SPC and complying with other regulatory or administrative requirements, including after a marketing authorisation has been granted, even though this may require substantial amounts of test production to demonstrate reliable manufacturing, both by the applicants and by third party suppliers or service providers. During the term of protection in a Member State of the patent or SPC ofor the reference medicinal product, there can be no commercial uslevant product or or process, there can be no placing on the market in that Member State of the resulting final medicinal products obtained for the purposes of the regulatory approval process (within the meaning of the Commission Notice – The ‘Blue Guide’ on the implementation of EU product rules 2022 2022/C 247/01).
2023/11/21
Committee: ENVI
Amendment 295 #

2023/0132(COD)

Proposal for a directive
Recital 64
(64) It will allow all steps required to effectively launch on day-one after patent or SPC protection, inter alia, to conduct studactivities to support pricing and reimbursementregulatory approval, health technology assessments, pricing and reimbursement and other regulatory procedures and requirements in the Union or elsewhere, including after a marketing authorisation has been granted, as well as the manufacture or purchase of patent protected active substances for the purpose of seeking marketing authorisations during that period, contributing toaforementioned purposes contributing to the timely market entry of medicinal products, in particular the market entry of generics and biosimilars on day one ofafter loss of the patent or SPC protection, under fair competitive conditions.
2023/11/21
Committee: ENVI
Amendment 302 #

2023/0132(COD)

Proposal for a directive
Recital 65
(65) The competent authorities should refuse the validation for an application for a marketing authorisation referring to data of a reference medicinal productAvoiding that circumstances may encourage inappropriate market behaviours hampering the emergence of generic and biosimilar medicinal products, ensuring timely availability of generic and biosimilar medicinal products and ending patent linkage were highlighted as priorities by Council1a and the European Parliament1b. The competent authorities should refuse the validation for an application for a marketing authorisation referring to data of a reference medicinal product or for an application for pricing and reimbursement or for the public and private procurement of medicinal products to be supplied immediately after expiry of the relevant patents or SPC only on the basis of the grounds set out in this Directive. The same applies to any decision to grant, vary, suspend, restrict or revoke the marketing authorisation or pricing and reimbursement. The competent authorities cannot base their decision on any other grounds. In particular, those decisions cannot be based on the patent or SPC status of the reference medicinal product. and cannot be subject to any requirements that expose an applicant to a risk of infringement of the relevant patent or SPC. _________________ 1a Council conclusions on strengthening the balance in the pharmaceutical systems in the EU and its Member States, (OJ C, C/269, 23.07.2016, p. 31) Council Conclusions on Access to medicines and medical devices for a Stronger and Resilient EU, (2021/C 269 I/02) 1b European Parliament resolution of 2 March 2017 on EU options for improving access to medicine (2016/2057(INI))
2023/11/21
Committee: ENVI
Amendment 1217 #

2023/0132(COD)

Proposal for a directive
Article 84 – paragraph 1 – introductory part
1. A non-cumulative period of regulatory data protection period of four years shall be granted for a medicinal product with respect to a new therapeutic indicationoption, including a new indication, posology, pharmaceutical form, method or route of administration or any other way in which the medicinal product may be used, not previously authorised in the Union, provided that:
2023/11/21
Committee: ENVI
Amendment 1222 #

2023/0132(COD)

Proposal for a directive
Article 84 – paragraph 1 – point a
(a) adequate non-clinical or clinical studies were carried outevidence was provided in relation to the therapeutic indicaoption demonstrating that it is of significant clinical benefit, and
2023/11/21
Committee: ENVI
Amendment 1230 #

2023/0132(COD)

Proposal for a directive
Article 84 – paragraph 1 – point b
(b) the medicinal product is authorised in accordance with Articles 9 to 12 and has notdoes not fall in the same global marketing authorization as a medicinal product that has previously benefitted from data protection or market exclusivity, or 25 years have passed since the granting of the initial marketing authorisation of the medicinal product concerned.
2023/11/21
Committee: ENVI
Amendment 1246 #

2023/0132(COD)

Proposal for a directive
Article 85 – paragraph 1 – introductory part
Patent rights, or supplementary protection certificates under the [Regulation (EC) No 469/2009 - OP please replace reference by new instrument when adopted] shall not be regarded as infringed when a reference medicinal product is usednecessary studies, trials and other activities are conducted exclusively for the purposes of:
2023/11/21
Committee: ENVI
Amendment 1262 #

2023/0132(COD)

(a) studies, trials and other activities conducted to generate data for an application, for:obtaining a marketing authorisation and subsequent variations;
2023/11/21
Committee: ENVI
Amendment 1268 #

2023/0132(COD)

Proposal for a directive
Article 85 – paragraph 1 – point a – point i
(i) a marketing authorisation of generic, biosimilar, hybrid or bio-hybrid medicinal products and for subsequent variations;deleted
2023/11/21
Committee: ENVI
Amendment 1279 #

2023/0132(COD)

(ii) health technology assessment as defined in Regulation (EU) 2021/2282;deleted
2023/11/21
Committee: ENVI
Amendment 1289 #

2023/0132(COD)

Proposal for a directive
Article 85 – paragraph 1 – point a – point iii
(iii) pricing and reimbursement.deleted
2023/11/21
Committee: ENVI
Amendment 1316 #

2023/0132(COD)

Proposal for a directive
Article 85 – paragraph 1 – point b
(b) the activities conducted exclusively for the purposes set out in point (a), may cover the submission of the application for a marketing authorisation and the offer, manufacture, sale, supply, storage, import, use and purchase of patented medicinal products or processes, including by third party suppliers and service providers.conducting a health technology assessment as defined in Regulation (EU) 2021/2282;
2023/11/21
Committee: ENVI
Amendment 1328 #

2023/0132(COD)

Proposal for a directive
Article 85 – paragraph 1 – point b a (new)
(b a) obtaining pricing and reimbursement approval;
2023/11/21
Committee: ENVI
Amendment 1329 #

2023/0132(COD)

Proposal for a directive
Article 85 – paragraph 1 – point b b (new)
(b b) enabling public and private procurement of medicinal products after expiry of the relevant patents or supplementary protection certificate;
2023/11/21
Committee: ENVI
Amendment 1330 #

2023/0132(COD)

Proposal for a directive
Article 85 – paragraph 1 – point b c (new)
(b c) complying with any other regulatory or administrative requirement in the Union or elsewhere;
2023/11/21
Committee: ENVI
Amendment 1331 #

2023/0132(COD)

Proposal for a directive
Article 85 – paragraph 1 a (new)
The activities falling within the first subparagraph include the offering, manufacturing, selling, suppling, storing, importing, exporting, using and purchasing of products or processes, including by third party suppliers and service providers.
2023/11/21
Committee: ENVI
Amendment 1338 #

2023/0132(COD)

Proposal for a directive
Article 85 – paragraph 2
This exception shall not cover the placing on the market of the medicinal products resulting from such activitiin a Member State, while relevant patent rights or supplementary protection certificates are in force in that Member State, of the medicinal products manufactured for the aforementioned purposes.
2023/11/21
Committee: ENVI
Amendment 1342 #

2023/0132(COD)

Proposal for a directive
Article 85 a (new)
Article85a 1. Applications, decision-making procedures and decisions to regulate marketing authorizations or the prices of medicinal products or to determine their inclusion within the scope of public health insurance systems or the public and private procurement of medicinal products shall be considered by Member States as regulatory or administrative procedures which, as such, are independent from the enforcement of intellectual property rights. 2. The protection of intellectual property rights shall not be a valid ground to refuse, suspend, delay, withdraw or revoke decisions relating to marketing authorisations, the price of a medicinal product or its inclusion within the public health insurance system, or the public and private procurement of medicinal products if all market protection periods are respected. 3. The applications, decision-making procedures and decisions referred to in paragraph 1 shall not be subject to conditions which expose applicants to a risk of infringement of the intellectual property rights. 4. Paragraphs 1, 2 and 3 shall apply without prejudice to the Union and national legislation relating to the protection of intellectual property.
2023/11/21
Committee: ENVI
Amendment 315 #

2023/0079(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a – point i
(i) Union extraction capacity is able to extract the gases, ores, minerals or concentrates needed to produce at least 10% of the Union's annual consumption of strategic raw materials, to the extent that the Union’s reserves allow for this;
2023/05/26
Committee: ITRE
Amendment 340 #

2023/0079(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
(ba) sustain the capacity of extraction and processing of critical raw materials in the EU on the level corresponding to production of relevant critical raw materials in 2022 or average yearly production in years 2017-2022, whichever number is higher;
2023/05/26
Committee: ITRE
Amendment 388 #

2023/0079(COD)

(6) ‘extraction’ means the primary extraction of gases, ores, minerals and plant products from their original source, including from a mineral occurrence underground, mineral occurrence under water, sea brine and trees;
2023/05/26
Committee: ITRE
Amendment 395 #

2023/0079(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 9
(9) ‘processing’ means all physical, chemical and biological processes involved in the transformation of a raw material from ores, minerals, plant products, fluids, gases, or waste into pure metals, alloys, gases or other economically usable forms;
2023/05/26
Committee: ITRE
Amendment 434 #

2023/0079(COD)

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
An updated list of strategic raw materials shall include, from among the raw materials assessed, the raw materials that score among the highest in terms of strategic importance, forecasted demand growth and difficulty of increasing production. The strategic importance, projected demand growth and difficulty of increasing production shall be determined in accordance with Annex I, Section 2line with Union's industrial and environmental policies.
2023/05/26
Committee: ITRE
Amendment 477 #

2023/0079(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) the project would make a meaningful contribution to the security of the Union's supply of strategic and critical raw materials;
2023/05/26
Committee: ITRE
Amendment 542 #

2023/0079(COD)

Proposal for a regulation
Article 6 – paragraph 7 – point a
(a) ensure a balanced representation of Strategic Projects for all strategic and critical raw materials and in all stages of the value chain;
2023/05/26
Committee: ITRE
Amendment 551 #

2023/0079(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Strategic Projects shall be considered to contribute to the security of supply of strategic and critical raw materials in the Union.
2023/05/26
Committee: ITRE
Amendment 981 #

2023/0079(COD)

Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point a a (new)
(aa) Aluminium alloy
2023/05/30
Committee: ITRE
Amendment 993 #

2023/0079(COD)

Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point f a (new)
(fa) Hydrogen - renewable, fossil free and low-carbon
2023/05/30
Committee: ITRE
Amendment 1007 #

2023/0079(COD)

Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point j
(j) Natural Graphite - including battery grade graphite with a separate extraction and processing targets
2023/05/30
Committee: ITRE
Amendment 1040 #

2023/0079(COD)

Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p a (new)
(pa) Coking coal
2023/05/30
Committee: ITRE
Amendment 1050 #

2023/0079(COD)

Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p b (new)
(pb) Erbium
2023/05/30
Committee: ITRE
Amendment 1054 #

2023/0079(COD)

Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p c (new)
(pc) Europium
2023/05/30
Committee: ITRE
Amendment 1056 #

2023/0079(COD)

Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p d (new)
(pd) Lanthanum
2023/05/30
Committee: ITRE
Amendment 1058 #

2023/0079(COD)

Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p e (new)
(pe) Ytterbium
2023/05/30
Committee: ITRE
Amendment 1060 #

2023/0079(COD)

Proposal for a regulation
Annex I – Section 1 – paragraph 1 – point p f (new)
(pf) Yttrium
2023/05/30
Committee: ITRE
Amendment 1062 #

2023/0079(COD)

Proposal for a regulation
Annex I – Section 2
2 Methodology to select strategic raw materials 1. The strategic importance shall be determined based on the relevance of a raw material for the green and digital transition as well as defence and space applications, taking into account: (a) the amount of strategic technologies using a raw material as an input; (b) the amount of a raw material needed for manufacturing relevant strategic technologies; (c) the expected global demand for relevant strategic technologies. 2. The forecasted demand growth (DF/C) shall be calculated as follows: null where: DF is a demand forecast for a raw material for a reference year; GS is the global annual production of a raw material for a reference period. 3. The difficulty of increasing production shall be determined taking into account at least: (a) the current production scale (PS) of a raw material for a reference period, calculated as follows: null where: log10 is a common logarithm; GS is the global annual production of a raw material for a reference period; (b) the reserves-production ratio R/P of a raw material, calculated as follows: null where: R are known reserves of economically extractable geological resources of a raw material; GS is the global annual production of a raw material for a reference period.deleted
2023/05/30
Committee: ITRE
Amendment 73 #

2023/0046(COD)

Proposal for a regulation
Recital 3
(3) To achieve those targets, there is a need for policies to speed up and lower the costs of the deployment of very high- capacity fixed and wireless networks across the Union, including proper planning, coordination and the reduction of administrative burdens, while keeping costs for public authorities low.
2023/07/07
Committee: ITRE
Amendment 90 #

2023/0046(COD)

Proposal for a regulation
Recital 11
(11) This Regulation aims to strengthen and harmonise rights and obligations applicable across the Union to accelerate the roll-out of very high capacity networks and cross-sector coordination, while respecting the different constitutional structures of Member States, including regional and local self-government and the principle of procedural autonomy of Member States. Due to the persistent fragmentation of electronic communications markets in individual national markets, undertakings providing or authorised to provide electronic communications networks are unable to achieve economies of scale. This can have a strong downstream effect on cross-border trade and services provision, since many services can only be provided where an adequately performant network is in place across the Union. While ensuring an improved level playing field, this Regulation does not prevent national measures in compliance with Union law that serve to promote the joint use of existing physical infrastructure or enable a more efficient deployment of new physical infrastructure by complementing the rights and obligations laid down in this Regulation. For example, Member States could extend provisions on civil works coordination also to privately funded projects or require that more information on physical infrastructure or planned civil works is provided to a single information point in electronic format, provided that they do not violate Union law including the provisions of this Regulation.
2023/07/07
Committee: ITRE
Amendment 92 #

2023/0046(COD)

Proposal for a regulation
Recital 12
(12) To ensure legal certainty, including regarding specific regulatory measures imposed under Directive (EU) 2018/1972, under Title II, Chapters II to IV and Directive 2002/77/EC36 , the provisions of these directives and their national implementations should prevail over this Regulation. _________________ 36 Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services (OJ L 249, 17.9.2002, p. 21).
2023/07/07
Committee: ITRE
Amendment 100 #

2023/0046(COD)

Proposal for a regulation
Recital 15
(15) In particular, taking into account the fast development of providers of wireless physical infrastructure such as ‘tower companies’, and their increasingly significant role as providers of access to physical infrastructure suitable to install elements of wireless electronic communications networks, such as 5G, the definition of ‘network operator’ should be extended beyond undertakings providing or authorised to provide electronic communications networks and operators of other typesregulation should reinforce the pace of development of such wireless physical infrastructure, including towers, especially in the less urbanized areas with limited ofr networks, such as transport, gas or electricity, to include uo suitable physical infrastructure; Undertakings providing such associated facilities, which thus become subject to all the obligations and benefits set out in the Regulation, except should be excepted from the provisions regarding in- building physical infrastructure and access, of this Regulation.
2023/07/07
Committee: ITRE
Amendment 105 #

2023/0046(COD)

Proposal for a regulation
Recital 17
(17) In the absence of a justified exception, physical infrastructure elements owned or controlled by public sector bodies, even when they are not part of a network, can also host electronic communications network elements and should be made accessible to facilitate installing network elements of very high capacity networks, in particular wireless networks. Examples of physical infrastructure elements are buildings, including rooftops, entries to buildings, and any other asset, including street furniture, such as light poles, street signs, traffic lights, billboards, bus and tramway stops and metro stations. It is for Member States to identify specific buildings owned or controlled by public sector bodies in their territories where access obligations cannot apply, for example, for reasons of architectural, historical, religious or natural value.
2023/07/07
Committee: ITRE
Amendment 111 #

2023/0046(COD)

Proposal for a regulation
Recital 20
(20) To ensure proportionality and, preserve investment incentives, especially for VHCN pioneers, and thus create an incentive for the rapid rollout of VHCNs to rural areas, a network operator or public sector body should have the right to refuse access to specific physical infrastructure for objective and justified reasons. In particular, a physical infrastructure for which access has been requested could be technically unsuitable due to specific circumstances, or because of lack of currently available space or future needs for space that are sufficiently demonstrated, for instance, in publicly available investment plans. To ensure proportionality and preserve investment incentives, a network operator or public sector body may refuse access to specific physical infrastructure. To avoid any potential distortion of competition or any possible abuse of the conditions to refuse access, any such refusal should be duly justified and based on objective and detailed reasons. For example such reasons would not be considered objective where an undertaking providing or authorised to provide electronic communications networks has deployed physical infrastructure thanks to civil works coordination with a network operator other than an electronic communications network operator and refuses to grant access based on an alleged lack of availability of space to host the elements of very high capacity networks which results from decisions made by the undertaking under its control. In such case, a competition distortion could arise if there is no other VHCN in the area concerned by the access request. Similarly, in specific circumstances, sharing the infrastructure could jeopardise safety or public health, network integrity and security, including that of critical infrastructure, or could endanger the provision of services that are primarily provided over the same infrastructure. Moreover, where thea network operator already provides a viable alternative means of wholesale physical access to electronic communications networks that would meet the needs of the access seeker, such as dark fibre or fibre unbundling, access to the underlying physical infrastructure, or to parallel physical infrastructure, could have an adverse economic impact on its business model, in particular that of wholesale-only operators, and on incentives to invest. It may also risk an inefficient duplication of network elements, which in particular shall be avoided until sufficient coverage of rural areas with VHCNs is achieved. The assessment of the fair and reasonable character of the terms and conditions for such alternative means of wholesale physical access should take into account, inter alia, the underlying business model of the undertaking providing or authorised to provide public electronic communications networks granting access and the need to avoid any reinforcement of the significant market power, if any, of either party.
2023/07/07
Committee: ITRE
Amendment 125 #

2023/0046(COD)

Proposal for a regulation
Recital 25
(25) Operators should have access to minimum information on physical infrastructure and planned civil works in the area of deployment. This will enable them to effectively plan deploying very high capacity networks and ensure the most effective use of existing physical infrastructure, suitable for rolling out such networks, and planned civil works. Such minimum information is a pre-requisite to assess the potential for using existing physical infrastructure or coordinating the planned civil works in a specific area, as well as to reduce damage to any existing physical infrastructures. In view of the number of stakeholders involved (covering publicly and privately financed civil works as well as existing or planned physical infrastructure) and to facilitate access to that information (across sectors and borders), the network operators and public sector bodies subject to transparency obligations should, where feasible, proactively (rather than upon request) provide and maintain such minimum information via a single information point. This will simplify managing requests to access such information and enable operators to express their interest in accessing physical infrastructure or coordinating civil works, for which timing is critical. The minimum information on planned civil works should be provided via a single information point as soon as the information is available to the network operator concerned and, in any event and where permits are required, no later than 3 months before the permit application is first submitted to the competent authorities.
2023/07/07
Committee: ITRE
Amendment 138 #

2023/0046(COD)

Proposal for a regulation
Recital 38
(38) A number of different permits for deploying elements of electronic communications networks or associated facilities may be necessary in order to protect national and Union general interests. These can include digging, building, town planning, environmental and other permits as well as rights of way. The number of permits and rights of way required for deploying different types of electronic communications networks or associated facilities and the local character of the deployment could involve applying different procedures and conditions, which can cause difficulties in the network deployment. Therefore, to facilitate deployment, all rules on the conditions and procedures applicable to granting permits and rights of way should be streamlined and consistent at national level, while respecting the constitutional structure of every Member State. While preserving the right of each competent authority to be involved and maintain its decision-making prerogatives in accordance with the subsidiarity principle, all information on the procedures and general conditions applicable to granting permits for civil works and rights of way should be available via single information points. This could reduce complexity and increase efficiency and transparency for all operators and particularly new entrants and smaller operators not active in that area. Moreover, operators should have the right to submit their requests for permits and rights of way in electronic format via a single information point. Those undertakings should also be able to retrieve information in electronic format about the status of their requests and whether they have been granted or refused.
2023/07/07
Committee: ITRE
Amendment 155 #

2023/0046(COD)

Proposal for a regulation
Recital 42
(42) In order to ensure that the procedures for granting such permits and rights of way are completed within reasonable deadlines, as appears from certain modernising and good administrative practices at national level, it is necessary to draw up principles for administrative simplification. This should include inter alia limiting the obligation of prior authorisation to cases in which it is essential and introducing tacit approval by the competent authorities after a certain period of time has elapsed. Moreover, the categories of deployments exempted from permits under Union law should no longer be subject to permits under national law.
2023/07/07
Committee: ITRE
Amendment 171 #

2023/0046(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation aims to facilitate and stimulate the roll-out of very high capacity networks, including mobile networks, by promoting the joint use of existing physical infrastructure and by enabling a more efficient deployment of new physical infrastructure so that such networks can be rolled out faster and at a lower cost.
2023/07/07
Committee: ITRE
Amendment 172 #

2023/0046(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. If any provision of this Regulation conflicts with a provision of Directive (EU) 2018/1972 or, Directive 2002/77/EC, Directive (EU) 2022/2555 or Regulation (EU) XXXX/XXXX [Cyber Resilience Act], the relevant provision of those Directivespieces of legislation shall prevail.
2023/07/07
Committee: ITRE
Amendment 176 #

2023/0046(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. Member States may maintain or introduce measures in conformityaccordance with Union law, which contain more detailed provisions than thoseprovide solutions enabling better achievement of the objectives set out in this Rregulation, where they serve to promoteith priority given to the relevant provisions enabling better achievement of the regulation's objectives, particularly the joint use of existing physical infrastructure or enable a more efficient deployment of new physical infrastructure.
2023/07/07
Committee: ITRE
Amendment 183 #

2023/0046(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point 1 – point b – point ii
(ii) transport services, including railways, roads, tunnels, ports and airports;
2023/07/07
Committee: ITRE
Amendment 195 #

2023/0046(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point 3
(3) ‘civil works’ means every outcome of building or civil engineering works taken as a whole that is sufficient in itself to fulfil an economic or technical function and entails including construction, as well as works consisting of reconstruction, installation, renovatione, or more elements of a physical infrademolition of a building structure;
2023/07/07
Committee: ITRE
Amendment 197 #

2023/0046(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point 5 – point b
(b) they have legal personality or are entitled to legal capacity according to the provisions of the law;
2023/07/07
Committee: ITRE
Amendment 198 #

2023/0046(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point 6
(6) ‘in-building physical infrastructure’ means physical infrastructure or installations at the end user’s location, including elements under joint ownership e.g. tenants' co-ownership, intended to host wired and/or wireless access networks, where such access networks are capable of delivering electronic communications services and connecting the building access point with the network termination point;
2023/07/07
Committee: ITRE
Amendment 202 #

2023/0046(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point 9
(9) ‘major renovation and reconstruction works’ means building or civil engineering works at the end user’s location encompassing structural modifications of the entire in- building physical infrastructure or a significant part thereof and that require a building permit;
2023/07/07
Committee: ITRE
Amendment 205 #

2023/0046(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point 11 a (new)
(11a) 'rights of way' means rights granted in accordance with Art 43 of the Directive (EU) 2018/1972;
2023/07/07
Committee: ITRE
Amendment 216 #

2023/0046(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. USubject to paragraph 3 of this article, upon written request of an operator, public sector bodies owning or controlling physical infrastructure or network operators shall meet all reasonable requests for access to that physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of very high capacity networks or associated facilities. Public sector bodies owning or controlling physical infrastructure shall meet all reasonable requests for access also under non-discriminatory terms and conditions. Such written requests shall specify the elements of the physical infrastructure for which the access is requested, including a specific time frame.
2023/07/07
Committee: ITRE
Amendment 221 #

2023/0046(COD)

Proposal for a regulation
Article 3 – paragraph 2 – introductory part
2. WExcluding undertakings providing or authorised to provide access to associated facilities to more than one hosted operator providing or authorised to provide a public electronic communications network, that will operate on regular market bases to enable fair return on investment, when determining prices as part of fair and reasonable terms and conditions for granting access, and to avoid excessive prices, network operators and public sector bodies owning or controlling physical infrastructure shall take into account the following:
2023/07/07
Committee: ITRE
Amendment 228 #

2023/0046(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) the need to ensure that the access provider has a fair opportunity to recovers the costs it incurs in order to provide access to its physical infrastructure, taking into account specific national conditions and any tariff structures put in place to provide a fair opportunity for cost recovery; in the case of electronic communications networks, any remedies imposed by a national regulatory authority shall also be taken into account.
2023/07/07
Committee: ITRE
Amendment 232 #

2023/0046(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b
(b) the impact of the requested access on the access provider’s business plan, including investments into the extent that it concerns the physical infrastructure to which the access has been requested, including investments in that physical infrastructure;
2023/07/07
Committee: ITRE
Amendment 245 #

2023/0046(COD)

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 – point c
(c) the existence of safety and scientifically-based public health concerns;
2023/07/07
Committee: ITRE
Amendment 259 #

2023/0046(COD)

Proposal for a regulation
Article 3 – paragraph 6
6. Public sector bodies owning or controlling buildings or certain categories of buildings may not apply paragraphs 1, 2 and 3 to those buildings or categories of buildings for reasons of architectural, historical, religious, or natural value, or for reasons of public security, safety and health. Member States shall identify such buildings or categories of buildings in their territories based on duly justified and proportionate reasons. Information on such buildings or categories of buildings shall be published via a single information point and notified to the Commission.
2023/07/07
Committee: ITRE
Amendment 268 #

2023/0046(COD)

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – introductory part
In order to request access to physical infrastructure in accordance with Article 3, any operator shall have the right to access, upon request, the following minimum information on existing physical infrastructure in electronic format via a single information point or directly from network operators and public sector bodies:
2023/07/07
Committee: ITRE
Amendment 269 #

2023/0046(COD)

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point a
(a) georeferenced location and route;
2023/07/07
Committee: ITRE
Amendment 273 #

2023/0046(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. In cases, where Network operators and public sector bodies shall make availablepossess the minimum information referred to in paragraph 1, via the single information point and in electronic forma in electronic format, and in cases referred to in paragraph 1 point a) in georeferenced and electronic format, they shall make it available via the single information point, by [DATE OF ENTRY INTO FORCE + 12 MONTHS]. Under the same conditions, network operators and public sector bodies shall make available promptly any update to that information and any new minimum information referred to in paragraph 1.
2023/07/07
Committee: ITRE
Amendment 274 #

2023/0046(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. Network operators and public sector bodies shall make available the minimum information referred to in paragraph 1, via the single information point and in electronic format, by [DATE OF ENTRY INTO FORCE + 12 MONTHS]. Under the same conditions, network operators and public sector bodies shall make available promptly any update to that information and any new minimum information referred to in paragraph 1 within 3 months after the last update or first delivery.
2023/07/07
Committee: ITRE
Amendment 276 #

2023/0046(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 (new)
In cases where the minimum information referred to in paragraph 1 was not yet made available via the single information point in electronic format, Network operators and public sector bodies shall make it available via the single information point in electronic format upon request no later than 15 days after the request for information is submitted. Under the same conditions, network operators and public sector bodies shall make available promptly any update to that information and any new minimum information referred to in paragraph 1. Member States shall set up a deadline until which Network operators and public sector bodies shall make available the minimum information referred to in paragraph 1 via the single information point in electronic format.
2023/07/07
Committee: ITRE
Amendment 283 #

2023/0046(COD)

Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 3
Any such exceptions shall be published via a single information point and notified to the Commission.deleted
2023/07/07
Committee: ITRE
Amendment 333 #

2023/0046(COD)

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
The competent authorities shall grant or refuse permits, other than rights of way, within 41 months per each required permit, from the date of the receipt of a complete permit application.
2023/07/07
Committee: ITRE
Amendment 342 #

2023/0046(COD)

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2
The completeness of the application for permits or rights of way shall be determined by the competent authorities within 15 working days from the receipt of the application. Unless the competent authorities invited the applicant to provide any missing information within that period, the application shall be deemed complete.
2023/07/07
Committee: ITRE
Amendment 347 #

2023/0046(COD)

Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 4
By way of exception and based on a justified reason set out by a Member State, the 41 month deadline referred to in the first subparagraph and in paragraph 6 may be extended by the competent authority on its own motion. Any extension shall be the shortest possible. Member States shall set out the reasgeneral national provisions justifying such an extensions, publish them in advance via single information points and notify them to the Commission.
2023/07/07
Committee: ITRE
Amendment 354 #

2023/0046(COD)

Proposal for a regulation
Article 7 – paragraph 6
6. By way of derogation from Article 43(1), point (a) of Directive (EU) 2018/1972, where rights of way over or under public or private property are required for the deployment of elements of very high capacity networks or associated facilities in addition to permits, competent authorities shall grant such rights of way within the 41 month period from the date of receipt of the application.
2023/07/07
Committee: ITRE
Amendment 360 #

2023/0046(COD)

Proposal for a regulation
Article 7 – paragraph 7
7. In the absence of a response from the competent authority within the 4- month deadline referred to in paragraphs 5 first subparagraph, and unless such deadline is extended pursuant to paragraph 5 fourth subparagraph, the permit shall be deemed to have been granted. This shall also apply in the case of rights of way referred to in paragraph 6.deleted
2023/07/07
Committee: ITRE
Amendment 366 #

2023/0046(COD)

Proposal for a regulation
Article 7 – paragraph 8
8. The Commission shall, by means of an implementing act, specify the minimum list of categories of deployment of elements of very high capacity networks or associated facilities that shall not be subject to any permit- granting procedure within the meaning of this Article, without prejudice to additional exemptions that may be provided by Member States. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 13 within 6 months from the entry into force of the Regulation.
2023/07/07
Committee: ITRE
Amendment 378 #

2023/0046(COD)

Proposal for a regulation
Article 7 – paragraph 11 a (new)
11a. The Commission will monitor the implementation of this Article in the Member States, and the Member States will report annually to the Commission the status of their implementation and if the listed conditions are met;
2023/07/07
Committee: ITRE
Amendment 436 #

2023/0046(COD)

Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1 – point a
(a) within fourtwo months from the date of the receipt of the dispute settlement request, with respect to disputes referred to in paragraph 1, point (a);
2023/07/07
Committee: ITRE
Amendment 441 #

2023/0046(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2a. Article 8 first paragraph of Directive (EU) 2018/1972 shall be applied mutatis mutandis to national dispute settlement bodies.
2023/07/07
Committee: ITRE
Amendment 442 #

2023/0046(COD)

Proposal for a regulation
Article 12 – paragraph 6
6. Paragraphs 2 and 2a shall apply mutatis mutandis to the competent bodies performing the functions of a single information point.
2023/07/07
Committee: ITRE
Amendment 457 #

2023/0046(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. It shall apply from [612 months after its entry into force].
2023/07/07
Committee: ITRE
Amendment 114 #

2022/0396(COD)

Proposal for a regulation
Recital 8
(8) The European Parliament’s Resolution of 10 February 2021 on the New Circular Economy Action Plan39 reiterated the objective of making all packaging reusable or recyclable in an economically viable way by 2030 and called on the Commission to present a legislative proposal including waste reduction measures and targets and ambitious essential requirements in the Packaging and Packaging Waste Directive to reduce excessive packaging, including in e-commerce, improve recyclability and minimise the complexity of packaging, increase recycled content, phase out hazardous and harmful substances, and promote re-use. It also stressed that food safety and hygiene standards must not be compromised. __________________ 39 https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0040_EN.html
2023/06/05
Committee: IMCO
Amendment 122 #

2022/0396(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) Packaging plays an important role in reducing food waste. According to the European Food Safety Agency (EFSA), food packaging protects food from microorganisms and makes it easier to store and to prolong the shelf life of food. Packaging helps preserving food, ensures its composition and organoleptic properties are not compromised, protects it from mechanical damage and physical shocks, and represents an effective barrier against microbiological degradation, oxygen or loss of aromas, therefore increasing the shelf life of food products. Packaging for fresh fruit and vegetables can ensure that consumers have access to fresh, healthy products that last longer therefore encouraging their consumption and healthy eating habits. Any initiative aiming to reduce the amount of packaging placed on the market should not impair packaging functionalities and jeopardise the EU food waste reduction ambitions.
2023/06/05
Committee: IMCO
Amendment 140 #

2022/0396(COD)

Proposal for a regulation
Recital 26
(26) To ensure packaging circularity, packaging should be designed and manufactured in such a way as to allow for the increased substitution of virgin materials with recycled materials. The increased use of recycled materials supports the development of the circular economy with well-functioning markets for recycled materials, reduces costs, dependencies and negative environmental impacts related to the use of primary raw materials, and allows for a more resource- efficient use of materials. In relation to the different packaging materials, the lowest input of recycled materials is in plastic packaging. In order to address these concerns in the most appropriate manner, it is necessary to increase the uptake of recycled plastics, by establishing mandatory targets for recycled content in plastic packaging at different levels depending on the contact-sensitivity54 of different plastic packaging applications, the availability, prices and market volumes of recycled plastic and ensuring that the targets become binding byfrom 2030. In order to incrementally ensure packaging circularity, increased targets should apply as of 2040. __________________ 54 Contact sensitive packaging refers to plastic packaging of products covered by Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (OJ L 268, 18.10.2003, p. 29), Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food (OJ L 338 13.11.2004, p. 4), Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (OJ L 229, 1.9.2009, p. 1), Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (recast) (OJ L 342, 22.12.2009, p. 59), Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1), Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176), Regulation (EU) 2019/4 of the European Parliament and of the Council of 11 December 2018 on the manufacture, placing on the market and use of medicated feed, amending Regulation (EC) No 183/2005 of the European Parliament and of the Council and repealing Council Directive 90/167/EEC (OJ L 4, 7.1.2019, p. 1), Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43), Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67) and Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13–59).
2023/06/05
Committee: IMCO
Amendment 142 #

2022/0396(COD)

Proposal for a regulation
Recital 29
(29) In order to prevent barriers to the internal market and ensure the efficient implementation of the obligations, economic operators should ensure that the plastic part of each unit of packaging contains a certain minimum percentage of recycled content recovered from post- consumer plastic waste calculated as an average of the plastic packaging placed by a producer on the Union market.
2023/06/05
Committee: IMCO
Amendment 148 #

2022/0396(COD)

Proposal for a regulation
Recital 32
(32) Regarding plastic packaging, except where made from polyethylene terephthalate (PET), it will be warranted, sufficiently ahead of the date of application of the related recycled content requirements, to re-assess the availability and prices of recycled plastics, and the availability of suitable recycling technologies for such plastic packaging, also with respect to the state of authorisation under relevant Union rules, and the installation in practice of such technology. Based on this assessment, there might be need to provide for derogations from the recycled content requirements for specific contact sensitive plastic packaging concerned, or to revise the derogations. To that end, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission.
2023/06/05
Committee: IMCO
Amendment 172 #

2022/0396(COD)

Proposal for a regulation
Recital 44 a (new)
(44a) Sorting is an essential step to ensure greater packaging circularity. The improvement of sorting capacities, notably through technological innovations, should be encouraged in order to allow a better quality of sorting, and thus a better quality of feedstock for recycling.
2023/06/05
Committee: IMCO
Amendment 202 #

2022/0396(COD)

Proposal for a regulation
Recital 67
(67) In order to reduce the increasing proportion of packaging that is single use and the growing amounts of packaging waste generated, it is necessary to establish quantitative re-use and refill targets on packaging in sectors, which have been assessed as having the greatest potential for packaging waste reduction, namely food and beveraThe introduction of quantitative re-use and refill targets for take-away, large- white goods and transport packaging. This was appraised based onshould be done when they represent the best environmental option considering the whole life cycle of packaging, and should be based on proper impact assessments considering factors such as existing systems for re-use, necessity of using packaging and the possibility of fulfilling the functional requirements in terms of containment, tidiness, health, hygiene and safety. Differences of the products and their production and distribution systems, were also taken into account. The setting of the targets is expected to support the innovation and increase the proportion of re-use and refill solutions. The use of single use packaging for food and beverages filled and consumed within the premises in the HORECA sector should not be allowed.
2023/06/05
Committee: IMCO
Amendment 206 #

2022/0396(COD)

Proposal for a regulation
Recital 69
(69) Certain uses of single use transport packaging formats are not necessary, as there is a wide range ofcan be replaced by well-functioning reusable alternatives. In order to ensure that such alternatives are effectively used, it is appropriate to require economic operators, when transporting products between different sites of the same economic operator or between the economic operator and the linked or partner enterprises, to use only within the Union, to predominantly use reusable transport packaging with respect to packaging formats such as pallets, foldable plastic boxes, plastic crates, intermediate bulk containers, both rigid and flexible, or drums. The same obligation should, for the same reasons, apply to economic operators transporting products within one Member State.
2023/06/05
Committee: IMCO
Amendment 262 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point d
(d) it can be recycled so that the resulting secondary raw materials are of sufficientcomparable quality to substitute the primary raw materials, in accordance with the definition of recycling set out in Article 3(17) of the Waste Framework Directive (2008/98/EC) and Article 47(3) of this Regulation;
2023/06/05
Committee: IMCO
Amendment 265 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Points (a)–(d) shall apply from5 years after the entry into force of the delegated act referred to in paragraph 4 and no earlier than 1 January 2030 and p. Point (e) shall apply from 1 January 20355 years after the date of entry into force of the delegated act referred to in paragraph 6, and no earlier than 5 years after the application of point (a).
2023/06/05
Committee: IMCO
Amendment 267 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. Recyclable packaging shall, from5 years after the entry into force of the delegated act referred to in paragraph 4 and no earlier than 1 January 2030, comply with the design for recycling criteria as laid down in the delegated acts adopted pursuant to paragraph 4 and, from 1 January 2035, also5 years after the date of entry into force of the delegated act referred to in paragraph 6, and no earlier than 5 years after the application of paragraph 2, point (a), with the recyclability at scale requirements laid down in the delegated acts adopted pursuant to paragraph 6. Where such packaging complies with those delegated acts, it shall be considered to comply with paragraph 2, points (a) and (e).
2023/06/05
Committee: IMCO
Amendment 271 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
The Commission is empowered to adoptshall, within 12 months of the entry into force of this Regulation, adopt in consultation with the Packaging Forum established by Article 12(a), delegated acts in accordance with Article 58 to supplement this Regulation in order to establish design for recycling criteria and recycling performance grades based on the criteria and parameters listed in Table 2 of Annex II for packaging categories listed in Table 1 of that Annex, as well as rules concerning the modulation of financial contributions to be paid by producers to comply with their extended producer responsibility obligations set out in Article 40(1), based on the packaging recycling performance grade, and for plastic packaging, the percentage of recycled content. Design-for-recycling criteria shall be based on existing guidelines and design for recycling standards, shall consider state of the art collection, sorting and recycling processes and shall cover all packaging components. If the adoption of the above criteria is delayed, the presumption of compliance with the requirements set out in paragraph 1 of this Article in accordance with industry guidelines and design for recycling standards shall apply to all packaging placed on the market in the Union from 1 January 2030 until such criteria are adopted by the Commission.
2023/06/05
Committee: IMCO
Amendment 281 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
From 1 January 20305 years from the date of adoption of a delegated act laying down design for recycling criteria pursuant to paragraph 4, packaging shall not be considered recyclable if it corresponds to performance grade E under the design for recycling criteria established in the delegated act adopted pursuant to paragraph 4 for the packaging category, to which the packaging belongs.
2023/06/05
Committee: IMCO
Amendment 295 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 10 – point c a (new)
(ca) packaging for infant formula and follow-on formula, processed cereal-based food for children and baby food, and food for special medical purposes as defined in Article 1, point (a), (b) and (c) of Regulation (EU) No 609/2013;
2023/06/05
Committee: IMCO
Amendment 297 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 11
11. The financial contributions to be paid by producers to comply with their extended producer responsibility obligations as referred to in Article 40 shall be modulated on the basis of the recyclability performance grade, as determined in accordance with the delegated acts referred to in paragraphs 4 and 6 of this Article and, as regards plastic packaging, also in accordance with the Article 7(6). The financial contributions are intended to finance the net costs of the collection, sorting and recycling infrastructure for the types of packaging for which they are paid, according to the categories set out in Table 1 of Annex II.
2023/06/05
Committee: IMCO
Amendment 301 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging5 years after the adoption of the implementing acts laying down the methodology for the calculation and verification of the percentage of recycled content recovered from post- consumer plastic waste, as referred to in Article 7, economic operators shall ensure the following minimum percentage of recycled content recovered from post-consumer plastic waste as an average of the economic operator’s overall portfolio of plastic packaging placed on the Union market that falls under the scope of these requirements:
2023/06/05
Committee: IMCO
Amendment 304 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point d
(d) 35 % for plastic packaging other than those referred to in points (a), (b) and (c).
2023/06/05
Committee: IMCO
Amendment 306 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 2 – introductory part
2. From 1 January 2040, the plastic part in packaging shall containeconomic operators shall ensure the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packagingas an average of the economic operator’s overall portfolio of plastic packaging placed on the Union market that falls under the scope of these requirements:
2023/06/05
Committee: IMCO
Amendment 310 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point d a (new)
(da) packaging for infant formula and follow-on formula, processed cereal-based food for children and baby food, and food for special medical purposes as defined in Article 1, point (a), (b) and (c) of Regulation (EU) No 609/2013;
2023/06/05
Committee: IMCO
Amendment 311 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point d b (new)
(db) reusable and refillable packaging placed on the EU market before the adoption of the Regulation.
2023/06/05
Committee: IMCO
Amendment 316 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 7
7. By 31 December 2026Within 12 months from the date of entry into force of this Regulation, the Commission is empowered toshall adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste, per unit of plastic packaging, and the format for the technical documentation referred to in Annex VII. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
2023/06/05
Committee: IMCO
Amendment 320 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
By 31 JanuaryDecember 20285, the Commission shall assess the need for derogations from the minimum percentage laid down in paragraph 1, points a, b and d, and in paragraph 2, points a, b and c, for specific plastic packaging, or for the revision of the derogation established under paragraph 3 for specific plastic packaging. The assessment shall be based on the availability on the market and the prices of recycled plastics on an annual basis from the year of entry into force of this Regulation, taking into account Eurostat data on the recycling rates for plastic packaging achieved in the 27 EU Member States. This assessment shall also be based on the new recycling technologies applied and their impact on the quantities available on the market. Based on this assessment, the Commission shall be empowered to adopt, by 31 December 2026 at the latest, delegated acts in accordance with Article 58 to amend the Regulation in order to:
2023/06/05
Committee: IMCO
Amendment 323 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – point a
(a) provide for derogations from the scope, timing or level of minimum percentage laid down in paragraph 1, points a, b and d, and in paragraph 2, points a, b and c, for specific plastic packaging, and, as appropriate,
2023/06/05
Committee: IMCO
Amendment 326 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 10
10. Where justified by the lack of availability or excessive prices of specific recycled plastics that may have adverse effects on human or animal health, security of food supply or the environment, making compliance with the minimum percentages of recycled content set out in paragraphs 1 and 2 excessively difficult, the Commission shall be empowered to adoptor by the lack of legally validated recycling methods or the availability of infrastructure for separate collection and sorting, making compliance with the minimum percentages of recycled content set out in paragraphs 1 and 2 excessively difficult, the targets set out in paragraphs 1 and 2 of this Article shall be suspended until the Commission adopts, as a matter of urgency, a delegated act in accordance with Article 58 to amend paragraphs 1 and 2 by adjusting the minimum percentages accordingly. In evaluating the justification of such adjustment, the Commission shall assess requests from natural or legal persons to be accompanied by relevant information and data on the market situation for this post-consumer plastic waste and best available evidence regarding the related risks to human or animal health, to the security of food supply or to the environment.
2023/06/05
Committee: IMCO
Amendment 337 #

2022/0396(COD)

Proposal for a regulation
Article 9 – paragraph 4 a (new)
4a. Packaging manufactured or imported before the deadlines referred to in paragraphs 1, 2 and 3, may be marketed until 36 months after entry into force of this Regulation.
2023/06/05
Committee: IMCO
Amendment 434 #

2022/0396(COD)

Proposal for a regulation
Article 12 a (new)
Article 12a Packaging Forum The Commission shall ensure, when adopting secondary legislation, the balanced participation of Member States’ representatives and all interested parties involved with the packaging industry, including waste treatment industry representatives, manufacturers and packaging suppliers, distributers, final distributers, fulfilment service providers, SMEs, environmental protection groups and consumer organisations. Those parties shall contribute in particular to preparing the delegated and implementing acts provided for in this Regulation to develop and further detail the sustainable development requirements, and to examine the effectiveness of the established market surveillance mechanisms. To this end, the Commission shall establish an expert group to bring these stakeholders together, called the ‘Packaging Forum’.
2023/06/05
Committee: IMCO
Amendment 532 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 2 – point b
(b) from 1 January 2040, 80 % of those beverages are made available in reusable packaging within a system for re-use or by enabling refill.deleted
2023/06/05
Committee: IMCO
Amendment 533 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 3 – point b
(b) from 1 January 2040, 40 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.deleted
2023/06/05
Committee: IMCO
Amendment 535 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 4 – point b
(b) from 1 January 2040, 25 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.deleted
2023/06/05
Committee: IMCO
Amendment 537 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 5 – point b
(b) from 1 January 2040, 15 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.deleted
2023/06/05
Committee: IMCO
Amendment 539 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 6 – point b
(b) from 1 January 2040, 25 % of those products are made available in reusable packaging within a system for re-use or by enabling refill.deleted
2023/06/05
Committee: IMCO
Amendment 540 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 7 – introductory part
7. EBy 1 January 2030, economic operators using transport packaging in the territory of the European Union in the form of pallets, plastic crates, foldable plastic boxes, pails and drums for the conveyance or packaging of products in conditions other than provided for under paragraphs 12 and 13, and which are not in direct contact with food, shall ensure that:
2023/06/05
Committee: IMCO
Amendment 541 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 7 – point b
(b) from 1 January 2040, 90 % of such packaging used is reusable packaging within a system for re-use.deleted
2023/06/05
Committee: IMCO
Amendment 544 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 8 – point b
(b) from 1 January 2040, 50 % of such packaging used is reusable packaging within a system for re-use;deleted
2023/06/05
Committee: IMCO
Amendment 548 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 9 – point b
(b) from 1 January 2040, 30 % of such packaging used for transport is reusable packaging within a system for re-use;deleted
2023/06/05
Committee: IMCO
Amendment 551 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 10 – point b
(b) from 1 January 2040, 25 % of such packaging they used is reusable packaging within a system for re-use.deleted
2023/06/05
Committee: IMCO
Amendment 552 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 11 a (new)
11a. The targets laid down in paragraphs 1-10 shall be met by economic operators without prejudice to requirements on health and safety, including product safety, and provided that this delivers a better overall environmental outcome and is justified by a life-cycle approach, in line with the hierarchy of waste as defined in Article 4 of Directive 2008/98/EC.
2023/06/05
Committee: IMCO
Amendment 553 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 11 a (new)
11a. By 1 January 2030 or at the latest when carrying out an evaluation of this Regulation as prescribed in Article 63, the Commission shall evaluate the feasibility and need of proposing new reuse targets.
2023/06/05
Committee: IMCO
Amendment 554 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 1 – introductory part
TBy 2030, transport packaging used by an economic operator shall be reusable where it is used for transporting products:
2023/06/05
Committee: IMCO
Amendment 556 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, trays, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials, excluding cardboard, which are not in direct contact with food, including flexible formats.
2023/06/05
Committee: IMCO
Amendment 559 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 1
EBy 1 January 2030, economic operators delivering products to another economic operator within the same Member State shall use only reusable transport packaging for the purpose of the transportation of such products.
2023/06/05
Committee: IMCO
Amendment 560 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboardtrays, plastic crates, intermediate bulk containers, and drums and canisters, of all sizes and materials, excluding cardboard, which are not in direct contact with food, including flexible formats.
2023/06/05
Committee: IMCO
Amendment 569 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 16 a (new)
16a. Economic operators shall be exempted from the obligation to meet the targets in this article for specific packaging formats if the Member State in which they operate has attained the recycling target of the respective packaging material, as required under article 46 points (b) and (d)
2023/06/05
Committee: IMCO
Amendment 570 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 16 a (new)
16a. When justified by cases of hygiene, food safety or environmental issues, economic operators shall be allowed to derogate from the targets laid down in paragraphs 2 to 6 of this Article.
2023/06/05
Committee: IMCO
Amendment 571 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 17
17. By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation]1 January 2030, the Commission shall review the situation regarding reuse of packaging and, on this basis, assess the appropriateness of establishing measures, reviewing the targets laid down in this Article, and setting new targets for the reuse and refill of packaging, and where necessary present a legislative proposal.
2023/06/05
Committee: IMCO
Amendment 574 #

2022/0396(COD)

Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1
By 31 December 20285, the Commission shall adopt implementing acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 59(3). If, by 31 December 2025, no implementing acts establishing detailed calculation rules and methodology regarding the targets set out in Article 26 have been adopted, those targets shall be suspended until the Commission adopts the implementing acts provided for in this paragraph. The targets set out in Article 26 shall apply 5 years after the adoption of the implementing acts under this paragraph.
2023/06/05
Committee: IMCO
Amendment 582 #

2022/0396(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. This Regulation applies to all packaging, with the exception of packaging approved for the transport of dangerous goods regardless of the material used, and to all packaging waste, whether such waste is used in or originates from industry, other manufacturing, retail or distribution, offices, services or households.
2023/05/12
Committee: ENVI
Amendment 590 #

2022/0396(COD)

2. This Regulation applies without prejudice to Union regulatory requirements for packaging such as those regarding safety, quality, the protection of health and the hygiene of the packed products, or to transport requirements, as well as without prejudice to the provisions of the Directive 2008/98/EC as regards the management of hazardous waste and the requirements provided for in paragraph 2 of Article 4 of Directive 2008/98/EC.
2023/05/12
Committee: ENVI
Amendment 597 #

2022/0396(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point f
(f) tea or coffee bagcompostable coffee bags and system single-serve units and permeable tea or coffee single-serve units necessary to contain a tea or coffee product and intended to be used and disposed of together with the product;
2023/05/12
Committee: ENVI
Amendment 618 #

2022/0396(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point g
(g) coffee or tea systemprotective beverage single-serve unit necessary to contain a coffee or tea product and intended to be used and disposed of together with the product;
2023/05/12
Committee: ENVI
Amendment 627 #

2022/0396(COD)

Proposal for a regulation
Annex V
Single use packaging for condiments, preserves, sauces, coffee creamer, sugar, and seasoning in HORECA sector Single use packaging in the HORECA sector, containing individual portions or servings, used for condiments, preserves, sauces, coffee creamer, sugar and seasoning, except such packaging provided together with take-away ready- prepared food intended for immediate consumption without the need of any further preparation Sachets, tubs, trays, boxesdeleted deleted deleted
2023/06/05
Committee: IMCO
Amendment 628 #

2022/0396(COD)

Proposal for a regulation
Annex V
Single use plastic packaging, single use composite packaging or other single use packaging for fresh fruit and vegetables Single use packaging for less than 1.5 kg fresh fruit and vegetables, unless there is a demonstrated need to avoid water loss or turgidity loss, microbiological hazards or physical shocks Nets, bags, trays, containersdeleted deleted deleted
2023/06/05
Committee: IMCO
Amendment 635 #

2022/0396(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 18 a (new)
(18a) ‘plastic packaging’ means a packaging that is wholly or predominantly made of plastic.
2023/05/12
Committee: ENVI
Amendment 708 #

2022/0396(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 32 a (new)
(32a) 'high quality recycling’ means any recovery operation, as defined in Article 3, point (17), of Directive 2008/98/EC, that ensures that the distinct quality of the waste collected and sorted is preserved or recovered during that recovery operation, so that the resulting recycled materials are of sufficient quality to substitute primary raw materials;
2023/05/12
Committee: ENVI
Amendment 717 #

2022/0396(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 34
(34) ‘integrated component’ means a packaging component that may be distinct from the main body of the packaging unit, and may be of a different material, but is integral to the packaging unit and its functioning and does not need to be separated from the main packaging unit in order to consume the product and is typically discarded at the same time as the packaging unit, although not necessarily in the same disposal routeis recommended to be disposed together with the main body of the packaging;
2023/05/12
Committee: ENVI
Amendment 722 #

2022/0396(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 35
(35) ‘separate component’ means a packaging component that is distinct from the main body of the packaging unit, which may be of a different material, that needs to becan be manually disassembled completely and permanently from the main packaging unit in order to access the product, and that is typically discarded prior to anby the end consumer, and that is recommended to be disposed separately from the packaging unit;
2023/05/12
Committee: ENVI
Amendment 737 #

2022/0396(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 38
(38) ‘secondary raw materials’ means materials that have been obtaineundergone all necessary checking, sorting and othrough recycling processeser preliminary operations to remove waste materials that are not targeted by the subsequent reprocessing and can substitute primary raw materials;
2023/05/12
Committee: ENVI
Amendment 743 #

2022/0396(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 39 a (new)
(39a) "recycled content in plastic packaging" refers to the quantity of material contained in the packaging derived through any recycling process or pre- and post-consumer waste, whether mechanically, physically, or chemically recycled.
2023/05/12
Committee: ENVI
Amendment 747 #

2022/0396(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 39 b (new)
(39b) 'pre-consumer plastic waste' means plastic waste that is generated from production and converting of plastic material.
2023/05/12
Committee: ENVI
Amendment 797 #

2022/0396(COD)

Proposal for a regulation
Article 4 – paragraph 5
5. In addition to the labelling requirements laid down in Article 11, Member States may provide for further labelling requirements, for the purpose of identifying the extended producer responsibility scheme or a deposit and return system other than those referred to in Article 44(1).deleted
2023/05/12
Committee: ENVI
Amendment 811 #

2022/0396(COD)

Proposal for a regulation
Article 4 – paragraph 6 a (new)
6a. Medicinal products, as defined in Article 1, point (2) of Directive 2001/83/EC, that have been lawfully placed on the market before the date of application referred to in Article 65 of this Regulation or the date of entry into force of specific measures, and that have not been repackaged or relabelled after these dates, may be further made available on the market until their expiry date without being required to comply with the specific rules laid down in Articles 6, 7, 11 and 13.
2023/05/12
Committee: ENVI
Amendment 817 #

2022/0396(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. Packaging shall be so manufactured that the presence and concentration of substances of concernthat meet the criteria in Article 57 and identified in accordance with Article 59(1) in a concentration above 0,1% weight by weight (w/w) as laid down the Regulation (EC) No 1907/2006 as constituents of the packaging material or of any of the packaging components is minimised, including with regard to their presence in emissions and any outcomes of waste management, such as secondary raw materials, ashes or other material for final disposal.
2023/05/12
Committee: ENVI
Amendment 873 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point a
(a) it is designed for recycling or, for compostable packaging, is compliant with point a), b) and c) of Annex III;
2023/05/12
Committee: ENVI
Amendment 881 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point b
(b) it is effectively and efficiently separately collected in accordance with Article 43(1) and (2);deleted
2023/05/12
Committee: ENVI
Amendment 885 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point c
(c) it is sorted into defined waste streams without affecting the recyclability of other waste streams;deleted
2023/05/12
Committee: ENVI
Amendment 890 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point d
(d) it can be recycled so that the resulting secondary raw materials are of sufficient quality to substitute the primary raw materials;deleted
2023/05/12
Committee: ENVI
Amendment 899 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point e – point i (new)
i) it is effectively and efficiently separately collected in accordance with Article 43(1) and (2);
2023/05/12
Committee: ENVI
Amendment 900 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point e – point ii (new)
ii) it is sorted into defined waste streams without affecting the recyclability of other waste streams;
2023/05/12
Committee: ENVI
Amendment 901 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point e – point iii (new)
iii) except for compostable plastics, it can be recycled so that the resulting secondary raw materials are of sufficient quality to substitute primary raw materials;
2023/05/12
Committee: ENVI
Amendment 917 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Point (a) shall apply from 1 January 2030 and point (eb) shall apply from 1 January 2035.
2023/05/12
Committee: ENVI
Amendment 926 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. Recyclable packaging shall, from 1 January 2030, comply with the design for recycling criteria as laid down in the delegated acts adopted pursuant to paragraph 4 and, from 1 January 2035, also with the recyclability at scale requirements laid down in the delegated acts adopted pursuant to paragraph 6. Where such packaging complies with those delegated acts, it shall be considered to comply with paragraph 2, points (a) and (e).:
2023/05/12
Committee: ENVI
Amendment 940 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 3 – point a (new)
(a) from either 1 January 2030 or 36 months years after the publication in the Official Journal of the European Union of the harmonised standard developed by CEN-European Committee for Standardisation referred to in paragraph 4, whichever is the latest, comply with design for recycling criteria, and,
2023/05/12
Committee: ENVI
Amendment 978 #

2022/0396(COD)

From either 1 January 2030, or 36 months after the publication in the Official Journal of the European Union of the harmonised standard developed by CEN referred to in paragraph 4, packaging shall not be considered recyclable if it corresponds to performance grade E under the design for recycling criteria established in the delegated act adopted pursuant to paragraph 4 for the packaging category, to which the packaging belongs.
2023/05/12
Committee: ENVI
Amendment 990 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 2
These criteria shall be based at least onould consider as appropriate the parameters as listed in Table 23 of Annex II.
2023/05/12
Committee: ENVI
Amendment 1013 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 6 – point d a (new)
(da) specific provisions should be approved for inert packaging placed on the market in very small quantities (i.e., approximately 0,1 % by weight) in the Union.
2023/05/12
Committee: ENVI
Amendment 1024 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 7 – point a
(a) the manner in which to express the result of the recyclability assessment in recyclability performance grades from A to E, as described in Table 3 of Annex II, based on the percentage of the packaging unit, in weight, which is recyclable according to paragraph 1;
2023/05/12
Committee: ENVI
Amendment 1044 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 4 a (new)
Small components (50 mm in two dimensions) provide a specific challenge to current packaging material recycling facility capabilities. Small components may be placed on the market in derogation of paragraphs 2 and 3 until the Delegated Act defining the Design for Recycling standards is implemented. The Design for Recycling criteria shall take into account the needs for small components and be compatible with the state of the art collection, sorting, and recycling procedures.
2023/05/12
Committee: ENVI
Amendment 1058 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 10 – introductory part
10. Until 31 December 2034, tThis Article shall not apply to the following:
2023/05/12
Committee: ENVI
Amendment 1060 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 10 – point b
(b) contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745 and by Regulation (EU) 2019/6;
2023/05/12
Committee: ENVI
Amendment 1064 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 10 – point c
(c) contact sensitive plastic packaging of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746.
2023/05/12
Committee: ENVI
Amendment 1068 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 10 – point c a (new)
(ca) outer packaging as defined in Article 1, point (24), of Directive 2001/83/EC and in Article 4, point (26), of Regulation (EU) 2019/6.
2023/05/12
Committee: ENVI
Amendment 1073 #

2022/0396(COD)

Proposal for a regulation
Article 6 – paragraph 10 – point c b (new)
(cb) items that are sold along with the product with the objective to be used for the application or dispensing of the product by the end user and will therefore be in contact with the products covered under points (a), (b), (ba) or (c);
2023/05/12
Committee: ENVI
Amendment 1093 #

2022/0396(COD)

1. From 1 January 2030, the plastic part inprovided technical feasibility, availability of the material and compliance with food safety national and European requirements, plastic packaging shall contain the following minimum percentage of recycled content recovered from pre-consumer or post-consumer plastic waste, per unit of packaging:
2023/05/12
Committee: ENVI
Amendment 1120 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) 30 % for contact sensitive plastic packaging made from polyethylene terephthalate (PET) as the major component;
2023/05/12
Committee: ENVI
Amendment 1128 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) 10 % for contact sensitive plastic packaging made from plastic materials other than PET, except single use plastic beverage bottles;
2023/05/12
Committee: ENVI
Amendment 1147 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 (new)
Targets shall be calculated as an avarage of the plastic packaging placed by a producer on the Union market.
2023/05/12
Committee: ENVI
Amendment 1172 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 2 – introductory part
2. From 1 January 2040, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from pre-consumer or post- consumer plastic waste, per unit of packaging:
2023/05/12
Committee: ENVI
Amendment 1190 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 (new)
Targets shall be calculated as an avarage of the plastic packaging placed by a producer on the Union market.
2023/05/12
Committee: ENVI
Amendment 1223 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging as well as to bio-based plastic packaging, inks, adhesives, varnishes and coatings used on packaging.
2023/05/12
Committee: ENVI
Amendment 1302 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – introductory part
Based on this assessment, the Commission is empowered toshall, at the latest by 31 December 2026 and by 31 December 2036 respectively, adopt delegated acts in accordance with Article 58 to amend this Regulation in order to:
2023/05/12
Committee: ENVI
Amendment 1307 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – point a
(a) provide for derogations from the scope, timing or level of minimum percentage laid down in paragraph 1, points a, b and d, and in paragraph 2, points a, b and c for specific plastic packaging, and, as appropriate,.
2023/05/12
Committee: ENVI
Amendment 1311 #

2022/0396(COD)

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – point b
(b) revise the derogations established in paragraph 3,deleted
2023/05/12
Committee: ENVI
Amendment 1375 #

2022/0396(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. By [OP: Please insert the date = 24 months from the date of entry into force of this Regulation], packaging other than that referred to in paragraphs 1 and 2, including packaging made of biodegradshall comply with the criteria listed in Annex III. Packaging made with compostable material that is not labele plastic polymers,d as compostable shall be allowed to material recycling where appropriate waste collection schemes and waste treatment infrastructure are available to ensure they enter the bio-waste waste management stream without affecting the recyclability of other waste streams.
2023/05/12
Committee: ENVI
Amendment 1385 #

2022/0396(COD)

Proposal for a regulation
Article 8 – paragraph 5
5. TAfter an assessment of the Expert Group, the Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend paragraphs 1 and 2 of this Article by adding other types of packaging to the types of packaging covered by those paragraphs when it is justified and appropriate due to technological and regulatory developments impacting the disposal of compostable packaging and under the conditions set out in Annex III. A public register containing the lists of such applications should be established and updated by the Commission.
2023/05/12
Committee: ENVI
Amendment 1392 #

2022/0396(COD)

Proposal for a regulation
Article 8 – paragraph 5 a (new)
5a. By 1 January 2030, the financial contributions paid by producers to comply with their extended producer responsibility obligations as laid down in Article 40 shall be collected and managed by dedicated extended producer responsibility scheme.
2023/05/12
Committee: ENVI
Amendment 1393 #

2022/0396(COD)

Proposal for a regulation
Article 8 – paragraph 5 b (new)
5b. Compostable packaging can be placed on the market providing the presence of a minimum content of renewable raw material determined as percentage of carbon of biological origin present in packaging compared to the total carbon present therein. For this purposes, the current European standard on the subject based on radiocarbon methods EN 16640 shall be used. Agricultural biomass used for the manufacture of compostable packaging complies with the criteria laid down in Article 29, paragraphs 2 to 5, of Directive (EU) 2018/2001. Forest biomass used for the manufacture compostable packaging complies with the criteria laid down in Article 29, paragraphs 6 and 7 of that Directive.
2023/05/12
Committee: ENVI
Amendment 1395 #

2022/0396(COD)

Proposal for a regulation
Article 8 – paragraph 5 c (new)
5c. By [OP: please insert the date = 12 months from the entry into force of this Regulation] compostable packaging shall contain a minimum content of renewable raw material of at least 60%.
2023/05/12
Committee: ENVI
Amendment 1403 #

2022/0396(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. PBy January 2030, packaging shall be designed so that its weight and volume is reduced to the minimum necessary for ensuring its functionalitys, as listed in the definition of packaging in Article 3(1), taking account of the material that the packaging is made of. and its design, for a given material and a given shape.
2023/05/12
Committee: ENVI
Amendment 1430 #

2022/0396(COD)

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 – introductory part
EBy 1 January 2030, empty space shall be reduced to the minimum necessary for ensuring the packaging functionality as follows:
2023/05/12
Committee: ENVI
Amendment 1438 #

2022/0396(COD)

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
For the purpose of assessing the compliance with this paragraph, space filled by paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene, styrofoam chips or other filling materials shall be considered as empty space unless required to protect and to transport the goods.
2023/05/12
Committee: ENVI
Amendment 1457 #

2022/0396(COD)

Proposal for a regulation
Article 9 – paragraph 4 a (new)
4a. Packaging produced or imported prior the deadlines listed in paragraphs 1, 2 and 3, may be commercialised until 36 months after entry into force of this Regulation.
2023/05/12
Committee: ENVI
Amendment 1458 #

2022/0396(COD)

Proposal for a regulation
Article 9 – paragraph 4 b (new)
4b. Space necessary to comply with the performance criteria in Annex IV, shall not be considered as empty space.
2023/05/12
Committee: ENVI
Amendment 1472 #

2022/0396(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point d
(d) it is capable of being emptied, unloaded, refilled or reloaded, reloaded or re-used as tableware or kitchenware, while ensuring compliance with the applicable safety and hygiene requirements;
2023/05/12
Committee: ENVI
Amendment 1475 #

2022/0396(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point e
(e) it is capable of being reconditioned in accordance with Part B of Annex VI, whilst maintaining its ability to perform its intended function; or, if it is originally designed to be reused as tableware or kitchenware, it is proven by design characteristics such as washability, repairability, durability without losing product functionality, economic benefit for the consumer, and general consumer perception.
2023/05/12
Committee: ENVI
Amendment 1479 #

2022/0396(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point f
(f) it can be emptied, unloaded, refilled or reloaded, reloaded or re-used as tableware or kitchenware while maintaining the quality and safety of the packaged product and allowing for the attachment of labelling, and the provision of information on the properties of that product and on the packaging itself, including any relevant instructions and information for ensuring safety, adequate use, traceability and shelf- life of the product;
2023/05/12
Committee: ENVI
Amendment 1483 #

2022/0396(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point g
(g) it can be emptied, unloaded, refilled or reloaded, reloaded or re-used as tableware or kitchenware without risk to the health and safety of those responsible for doing so;
2023/05/12
Committee: ENVI
Amendment 1491 #

2022/0396(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Compliance with the requirements set out in paragraph 1, including the minimum indicative number of trips or rotation per packaging application, shall be demonstrated in the technical information concerning the packaging referred to in Annex VII.
2023/05/12
Committee: ENVI
Amendment 1499 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 4236 months after the entry into force of this Regulation], packaging shall be marked with a label containing information on its material composition. This obligation does not apply to transport packaginge delegated act referred to in paragraph 5, information to facilitate consumer sorting shall be marked on the packaging or shall be available through digital means according to Article 11(4). This obligation does not apply to transport packaging, to packaging mentioned in Article 7(3), retail packaging subject to final packaging, as in te case of over-the counter food sales, and to reusable gas receptacles. However, it applies to e- commerce packaging.
2023/05/12
Committee: ENVI
Amendment 1518 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Packaging subject to deposit and return systems referred to in Article 44(1) shall, in addition to the labelling referred to in the first subparagraph, be marked with a harmonised label established in the relevant implementing act adopted pursuant to paragraph 5.
2023/05/12
Committee: ENVI
Amendment 1521 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. From [OP: Please insert the date = 48 months after the date of entry into force of this Regulation],e implementing act referred to in paragraph 5, reusable packaging shall bear a label on packaging reusability andor shall be available through a QR code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale. The marketing authorisation holder is permitted to transmit the package leaflet's information via a digital data carrier for medicinal products as defined in Article 1, point (2) of Directive 2001/83/EC and as required by Articles 59 and 52 of that same Directive.
2023/05/12
Committee: ENVI
Amendment 1533 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. Where a unit ofplastic packaging covered by Article 7 is marked with a label containing information consumer relevant information on the share of recycled content, that label from post-consumer plastic waste, that label or a QR code or other type of digital data carrier shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5) and shall be based on the methodology pursuant to Article 7(7). Where a unit of plastic packaging is marked with a label containing information on the share of biobased plastic content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5).
2023/05/12
Committee: ENVI
Amendment 1538 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Labels referred to in paragraphs 1 to 3 and the QR code or other type of digital data carrier referred to in paragraph 2 shall be placed, printed or engraved visibly, clearly legibly and indelibly on the packaging. Where this is not possible or not warranted on account of the nature and size of the packaging, they shall be affixed to the grouped packaging information should be conveyed to consumers via digital means of communication as QR code or they shall be affixed to the grouped packaging. Information must be provided through the outer packaging, as defined in Article 1, Point (24), of Directive 2001/83/EC, for all immediate packaging, as defined in Article 1, Point (23), of Directive 2001/83/EC. From [Please insert the date = 24 months after the entry into force of this Regulation] the Commission shall adopt guidance regarding provision of information by digital means.
2023/05/12
Committee: ENVI
Amendment 1555 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 4 a (new)
4a. The information referred to in paragraphs 1 through 3 may, as a derogation from paragraph 4, be provided by electronic means that are specified on the package or on a label that is attached to it.In such cases, the following requirements apply: a) no user data shall be collected or tracked; b) the information shall not be displayed with other information intended for sales or marketing purposes.
2023/05/12
Committee: ENVI
Amendment 1558 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 5
5. By [OP: Please insert the date = 182 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish a harmonised label and specifications for the labelling requirements and formats for the labelling of packaging referred to in paragraphs 1 to 3 and the labelling of waste receptacles referred to in Article 12. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
2023/05/12
Committee: ENVI
Amendment 1560 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 6
6. By [OP: Please insert the date = 124 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish the methodology for identifying the material composition of packaging referred to in paragraph 1packaging materials by means of digital marking technologies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
2023/05/12
Committee: ENVI
Amendment 1565 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 7
7. Without prejudice to requirements concerning other harmonised EU labels, Member States shall not require economic operators shall noto provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse consumers or other end users with respect to the sustainability requirements for packaging, other packaging characteristics or packaging waste management options, for which harmonised labelling has been laid down in this Regulation. From [Please insert the date = 24 months after the entry into force of this Regulation] the Commission shall adopt guidance regarding aspects that are likely to mislead or confuse consumers or other end users.
2023/05/12
Committee: ENVI
Amendment 1576 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 8
8. Packaging included in an extended producer responsibility scheme or covered by a deposit and return system other than that referred to in Article 44(1) mayshall be identified by means of a corresponding symbol throughout the territory in which that scheme or system applies. That symbol shall be clear and unambiguous and shall not mislead consumers or users as to the recyclability or reusability of the packagingharmonised symbol to be designed via an implementing act by the Commission in accordance with the examination procedure referred to in Article 59(3).
2023/05/12
Committee: ENVI
Amendment 1579 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 8 a (new)
8a. Packaging produced or imported prior the deadlines referred to in paragraphs 1, 2 and 3, may be put into the market until 36 months after the entry into force of this Regulation.
2023/05/12
Committee: ENVI
Amendment 1587 #

2022/0396(COD)

Proposal for a regulation
Article 12 a (new)
Article12a Packaging and Packaging Waste Forum The Commission shall ensure that it maintains a balanced participation of Member States’ representatives and all interested parties involved with the packaging industry, including waste treatment industry representatives, manufacturers and packaging suppliers, distributors, retailers, craft industry representatives, importers, SMEs, environmental protection groups, and others when it defines the sustainability requirements and other requirements and criteria established in this Regulation. These parties shall contribute in particular to preparing design for recycling criteria for different packaging and recycling performance grades based on the criteria and parameters listed in Table 2 of Annex II for packaging categories listed in Table 1 of that Annex. To that end, the Commission shall establish an expert group, in which those parties shall meet, referred to as “Packaging and Packaging Waste Forum”.
2023/05/12
Committee: ENVI
Amendment 1590 #

2022/0396(COD)

Proposal for a regulation
Article 12 – paragraph 1
By 1 January 202836 months from the date of entry into force of the delegated act referred to in Article 11(5), labels that enable the separate collection of each material specific fraction of packaging waste that is intended to be discarded in separate receptacles shall be affixed, printed or engraved visibly, legibly and indelibly on all waste receptacles for collection of packaging waste.
2023/05/12
Committee: ENVI
Amendment 1611 #

2022/0396(COD)

Proposal for a regulation
Article 13 – paragraph 6 a (new)
6a. With regard to this Regulation, for medicinal products, as defined in Article 1, point (2), of the Directive 2001/83/EC, the information provided shall be of the marketing authorisation holder, as provided by Article 6.1a of the Directive 2001/83/EC.
2023/05/12
Committee: ENVI
Amendment 1618 #

2022/0396(COD)

Proposal for a regulation
Article 13 – paragraph 9 a (new)
9a. The provisions of paragraphs 1 to 6 shall not apply to custom transport packaging for configurable devices and systems, that are destined to be used use in industrial and healthcare environments.
2023/05/12
Committee: ENVI
Amendment 1636 #

2022/0396(COD)

Proposal for a regulation
Article 16 – paragraph 10 a (new)
10a. To fulfil the obligations under this article, Member States shall provide support tools for non professional importers, especially micro and SME importers.
2023/05/12
Committee: ENVI
Amendment 1659 #

2022/0396(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. EBy January 2030, economic operators who supply products to a final distributor or an end user in grouped packaging, transport packaging or e- commerce packaging, shall ensure that the empty space ratio is maximum 40 %inimised, under the restrictions outlined in Part I of Annex IV. The packaging minimisation shall take into careful consideration the protection of the goods and its transport.
2023/05/12
Committee: ENVI
Amendment 1674 #

2022/0396(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
For the purpose of this calculation: (a) empty space shall mean the difference between the total volume of grouped packaging, transport packaging or e- commerce packaging and the volume of sales packaging contained therein; (b) empty space ratio shall mean the ratio of the empty space as defined in point (a) of this paragraph and the total volume of the grouped packaging, transport packaging or e-commerce packaging.deleted
2023/05/12
Committee: ENVI
Amendment 1676 #

2022/0396(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point a
(a) empty space shall mean the difference between the total volume of grouped packaging, transport packaging or e-commerce packaging and the volume of sales packaging contained therein;deleted
2023/05/12
Committee: ENVI
Amendment 1678 #

2022/0396(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point b
(b) empty space ratio shall mean the ratio of the empty space as defined in point (a) of this paragraph and the total volume of the grouped packaging, transport packaging or e-commerce packaging.deleted
2023/05/12
Committee: ENVI
Amendment 1734 #

2022/0396(COD)

Proposal for a regulation
Article 22 – paragraph 3
3. Member States may exempt economic operators from point 3 of Annex V if they comply withEconomic operators shall be exempted if they meet the definition of micro-company in accordance wienterprise according to the rules set out in the Commission Recommendation 2003/361, as applicable on [OP: Please insert the date = the date of entry into force of this Regulation], and. In addition, Member States shall grant an exemption where it is not technically feasible not to use packaging or to obtain access to the infrastructure that is necessary for the functioning of a reuse system or when duly justified by concerns related to public health, food hygiene and food safety, product integrity or environmental issues.
2023/05/12
Committee: ENVI
Amendment 1761 #

2022/0396(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. Economic operators who place reusable packaging on the market shall ensure that a system for re-use of such packaging is in place, which meets the requirements laid down in Article 24 and Annex VI., except in cases where packaging is re-used as tableware or kitchenware
2023/05/12
Committee: ENVI
Amendment 1983 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 9 – point a
(a) from 1 January 20305 years after publication of the implementing acts pursuant to Article 27 (4), 10 % of such packaging used is reusable packaging within a system for re- use;
2023/05/12
Committee: ENVI
Amendment 1993 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 9 – point b
(b) from 1 January 2040, 30 % of such packaging used for transport is reusable packaging within a system for re-use;deleted
2023/05/12
Committee: ENVI
Amendment 2023 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 10 – point b
(b) from 1 January 2040, 25 % of such packaging they used is reusable packaging within a system for re-use.deleted
2023/05/26
Committee: ENVI
Amendment 2057 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, trays, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials, excluding cardboard and including flexible formats.
2023/05/26
Committee: ENVI
Amendment 2081 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, plastic crates intermediate bulk containers, and drumplastic crates, of all sizes and materials, excluding cardboard, including flexible formats.
2023/05/26
Committee: ENVI
Amendment 2107 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 15
15. Economic operators shall be exempted from the obligation to meet the targets in paragraphs 2 to 6 if, during a calendar year, they have a sales area of not more than 100 m2, including also all storage and dispatch areas and if it is not technically feasible to use reusable packaging or to obtain access to the infrastructure necessary for the functioning of a re-use system.
2023/05/26
Committee: ENVI
Amendment 2117 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 15 a (new)
15a. Economic operators shall be exempted from the obligation to meet the targets in this article when duly justified by concerns related to public health, food hygiene and safety, product integrity or environmental issues.
2023/05/26
Committee: ENVI
Amendment 2121 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 15 b (new)
15b. Economic operators shall be exempted from the obligation to meet the targets in this article if, in accordance with paragraph 2 of Article 4 of Directive 2008/98/EC, they can show that alternative packaging formats deliver a better overall environmental outcome justified by life-cycle thinking, as well as a better overall economic and human health impact.
2023/05/26
Committee: ENVI
Amendment 2126 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 15 c (new)
15c. Economic operators shall be exempted from the obligation to meet the targets in this article for specific packaging formats if, by 2025 and for at least three consecutive calendar years, the Member State in which they operate has already attained the recycling target of the respective packaging material set for 2030, as required under article 46(1) point (d).
2023/05/26
Committee: ENVI
Amendment 2133 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 16 – point a
(a) targets for other products than those covered by paragraphs 1 to 6 of this Article and other packaging formats than those in paragraphs 7 to 10, based on the positive experiences with measures taken by Member States under Article 45(2),deleted
2023/05/26
Committee: ENVI
Amendment 2145 #

2022/0396(COD)

Proposal for a regulation
Article 26 – paragraph 16 – point c
(c) exemptions for specific packaging formats covered by the targets laid down in paragraphs 2 to 6 of this Article in case of hygiene, food safety or environmental issues preventing the achievement of those targets.deleted
2023/05/26
Committee: ENVI
Amendment 2216 #

2022/0396(COD)

Proposal for a regulation
Article 38 – paragraph 1 – introductory part
1. Each Member State shall reduce the packaging waste generated per capita, as compared to the packaging waste generated per capita in 2018the year of entry into force of this Regulation as reported to the Commission in accordance with Decision 2005/270/EC, for each of the different materials contained in packaging waste detailed in Article 46, by
2023/05/26
Committee: ENVI
Amendment 2223 #

2022/0396(COD)

Proposal for a regulation
Article 38 – paragraph 1 – point a
(a) 5 % by 2030;deleted
2023/05/26
Committee: ENVI
Amendment 2229 #

2022/0396(COD)

Proposal for a regulation
Article 38 – paragraph 1 – point b
(b) 10 % by 2035;deleted
2023/05/26
Committee: ENVI
Amendment 2241 #

2022/0396(COD)

Proposal for a regulation
Article 38 – paragraph 1 – point c
(c) 15 0% by 2040.
2023/05/26
Committee: ENVI
Amendment 2300 #

2022/0396(COD)

Proposal for a regulation
Article 43 – paragraph 1
1. By 2030, Member States shall ensure that systems and infrastructures are set up to provide for the return and separate collection of 90% of all packaging waste from the end users in a given year for each packaging format listed in Table 1 of Annex II, in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling. Packaging that comply with Design for Recycling criteria, as defined in the standards resulting from Article 6(4), shall be collected to ensure recycling.
2023/05/26
Committee: ENVI
Amendment 2346 #

2022/0396(COD)

Proposal for a regulation
Article 43 – paragraph 1
1. By 2030, Member States shall ensure that systems and infrastructures are set up to provide for the return and separate collection of 90% of all packaging waste from the end users in a given year for each packaging format listed in Table 1 of Annex II, in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling. Packaging that comply with Design for Recycling criteria, as defined in the standards resulting from Article 6(4), shall be collected to ensure recycling.
2023/05/12
Committee: ENVI
Amendment 496 #

2022/0365(COD)

Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
When verifying compliance with the exhaust emission limits, where the testing is performed in maximum one of extended driving conditions, the emissions shall be divided by the extended driving divider set out in Annex III. Data points presenting more than one parameter in the extended condition shall be excluded from the data evaluation. Tests obtained while driving in an unrepresentative manner, including driving patterns, conditions and payloads, or with the deliberate intention to exceed emission limits shall be invalidated.
2023/07/04
Committee: ENVI
Amendment 551 #

2022/0365(COD)

Proposal for a regulation
Article 4 – paragraph 8 a (new)
8a. The manufacturers shall ensure independent operators’ access to the information, tools and processes required to develop compatible aftermarket replacement parts meeting the technical requirements of the manufacturer and the ability to install and activate those parts on the vehicle, including OBM related components, in compliance with the anti- tampering measures implemented by the manufacturer. When considering withholding on anti-tampering grounds such information, tools and processes that are essential for independent operators, vehicle manufacturers should demonstrate whether withholding information, tools and processes in question would be a proportionate means to address the anti-tampering concerns at issue. They should therefore examine in particular whether less restrictive measures would suffice.
2023/07/04
Committee: ENVI
Amendment 781 #

2022/0365(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. With effect from 24 months from the date of adoption of the implementing legislation but no earlier than 1 July 20256, the sale or installation of a system, component or separate technical unit intended to be fitted on an M1, N1 vehicle approved under this Regulation, shall be prohibited if the system, component and separate technical unit is not of type approved in compliance with this Regulation.
2023/07/04
Committee: ENVI
Amendment 793 #

2022/0365(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. With effect from 30 months from the date of adoption of the implementing legislation but no earlier than 1 July 2027, the sale or installation of a system, component or separate technical unit intended to be fitted on an M2, M3, N2, N3 vehicle approved under this Regulation, shall be prohibited if the system, component and separate technical unit is not type approved in compliance with this Regulation.
2023/07/04
Committee: ENVI
Amendment 866 #

2022/0365(COD)

Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1 – point a
(a) the methods to measure exhaust emissions in the lab and on the road, including random and worstatist-icaselly relevant RDE test cycles, the use of portable emissions measurement systems for verifying real driving emissions, and idle emissions;
2023/07/04
Committee: ENVI
Amendment 919 #

2022/0365(COD)

Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1 – point w a (new)
(wa) anti-tampering measures and test measures taking into account aftermarket requirements and the provision to independent operators of all required information, tools and processes for the development and installation of replacement parts.
2023/07/04
Committee: ENVI
Amendment 1003 #

2022/0365(COD)

Proposal for a regulation
Article 20 – paragraph 2
It shall apply from 24 months from the date of adoption of the implementing legislation but no earlier than 1 July 20256 for M1, N1 vehicles and components and separate technical units for those vehicles and from 30 months from the date of adoption of the implementing legislation but no earlier than 1 July 2027 for M2, M3, N2, N3 vehicles and components and separate technical units for those vehicles and O3, O4 trailers.
2023/07/04
Committee: ENVI
Amendment 53 #

2022/0345(COD)

Proposal for a directive
Recital 2
(2) Directive 91/271/EEC sets the legal framework for the collection, treatment and discharge of urban wastewater and the discharge of biodegradable wastewaters from certain industrial sectors. Its objective is to protect the environment from being adversely affected by insufficiently treated urban wastewater discharges. This Directive should continue to pursue the same objective, whilst also contributing to the protection of public health, when for instance urban wastewater is discharged in bathing waters or in water bodies used for the abstraction of drinking water, or when urban wastewater is used as an indicator for parameters relevant for public health. It should also improve access to sanitation and to key information related to the governance of the urban wastewater collection and treatment activities. Finally, this Directive should contribute to the progressive eliminareduction of greenhouse gas (GHG) emissions from urban wastewater collection and treatment activities, notably by further reducing nitrogen emissions but also by promoting energy efficiency and production of renewable energies, and thus should contribute to the 2050 objective of Climate Neutrality established under Regulation (EU) 2021/1119 of the European Parliament and of the Council37. _________________ 37 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
2023/05/10
Committee: ENVI
Amendment 58 #

2022/0345(COD)

Proposal for a directive
Recital 4
(4) Small agglomerations constitute a significant pressure on 11 % of the surface water bodies in the Union39. To better tackle the pollution from such agglomerations, and to prevent discharges of untreated urban wastewater into the environment, the scope of this Directive should include all agglomerations of 1 0500population equivalent (p.e.) and above. _________________ 39 EEA report, European waters: Assessment of status and pressures 2018, No 7/2018.
2023/05/10
Committee: ENVI
Amendment 66 #

2022/0345(COD)

Proposal for a directive
Recital 5
(5) In order to ensure effective treatment of urban wastewater before discharge into the environment, all urban wastewaters from agglomerations of 1 0500 p.e. and above should be collected in centralised collecting systems. Where such systems are already in place, Member States should ensure that all sources of urban wastewater are connected to them.
2023/05/10
Committee: ENVI
Amendment 70 #

2022/0345(COD)

Proposal for a directive
Recital 6
(6) Exceptionally, where it can be demonstrated that the establishment of a centralised urban wastewater collecting system would produce no environmental benefit or involve excessive costs, Member States should be allowed to use individual systems to treat urban wastewater, as long as they ensure the same level of treatmentenvironmental protection as secondary and tertiary treatment. For this purpose, Member States should establish national registers to identify individual systems used on their territory and take all necessary measures to ensure that the design of such systems is adequate, that the systems are properly maintained and that they are subject to a regular compliance control. In particular, Member States should ensure that individual systems used for the collection and storage of urban wastewater are impervious and leak-proof, and that monitoring and inspection of the systems are carried out at regular and fixed intervals.
2023/05/10
Committee: ENVI
Amendment 74 #

2022/0345(COD)

Proposal for a directive
Recital 7
(7) During rainfall, storm water overflows and urban runoff discharges represent a sizeable remaining source of pollution discharged into the environment. Those emissions are expected to increase due to the combined effects of urbanisation and progressive change of the rain regime linked with climate change. Solutions to reduce that source of pollution should be defined at local level taking into account the specific local conditions, including climatic ones. They should be based on an integrated quantitative and qualitative water management in urban areas. In addition, control at source through nature-based solutions should be mainstreamed as a first step to avoid pollution in urban runoff, as well as co- ordination of measures to control the quantity of urban runoff at source. Therefore, Member States should ensure that integrated urban wastewater management plans are established at local level for all agglomerations of 100 000 p.e. and above as those agglomerations are responsible for a significant share of the pollution emitted. Furthermore, integrated urban wastewater management plans should also be put in place for agglomeration of between 10 000 p.e. and 100 000 p.e. where storm water overflows or urban runoff poses a risk for the environment or public health.
2023/05/10
Committee: ENVI
Amendment 87 #

2022/0345(COD)

Proposal for a directive
Recital 8
(8) In order to ensure that the integrated urban wastewater management plans are cost-effective, it is important that they are based on best practices in advanced urban areas. Therefore, the measures to be considered should be based on a thorough analysis of the local conditions and should favour a preventive approach aiming at limiting the collection of unpolluted rain waters and optimising the use of existing infrastructures. With a preference for ‘green’ developments, new grey infrastructures should only be envisaged where absolutely necessary. In order to protect the environment, in particular the coastal and marine environment, and public health from being adversely affected by the discharge of insufficiently treated urban wastewater, secondary treatment should be applied to all discharges of urban wastewater from agglomerations of 1 0500 p.e. and above.
2023/05/10
Committee: ENVI
Amendment 105 #

2022/0345(COD)

Proposal for a directive
Recital 11
(11) Recent scientific knowledge underpinning several Commission strategies43highlight the need to take action to address the issue of micro-pollutants, which are now detected in all waters in the Union. Some of those micropollutants are hazardous for public health and the environment even in small quantities. An additional treatment, i.e. quaternary treatment, should therefore be introduced in order to ensure that a large spectrum of micro-pollutants is removed from urban wastewater. Quaternary treatment should first focus on organic micro-pollutants, which represent a significant part of the pollution and for which removal technologies are already designed. The treatment should be imposed based on the precautionary approach combined with a risk-based approach. Therefore, all urban wastewater treatment plants of 100 000 p.e. and above should provide quaternary treatment, as those facilities represent a significant share of micro-pollutant discharges in the environment and the removal of micro-pollutants by urban wastewater treatment plants at such scale is cost-effective. For agglomerations of between 10 000 p.e. and 100 000 p.e., Member States should be required to apply quaternary treatment to areas identified as sensitive to pollution with micro-pollutants based on clear criteria, which should be specified. Such areas should include locations where treated urban wastewater discharge to water bodies result in low dilution ratios, or where the receiving water bodies are used for the production of drinking water or as bathing waters. In order to avoid the requirement of quaternary treatment for agglomerations of between 10 000 p.e. and 100 000 p.e., Member States should be required to demonstrate the absence of risks to the environment or to public health on the basis of a standardised risk assessment. In order to give Member States enough time to plan and deliver the necessary infrastructures, the requirement of quaternary treatment should progressively apply until 20407with clear interim objectives. _________________ 43 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: A European Strategy for Plastics in a Circular Economy (COM/2018/028 final); Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee, European Union Strategic Approach to Pharmaceuticals in the Environment (COM(2019) 128 final); Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Chemicals Strategy for Sustainability Towards a Toxic-Free Environment (COM(2020) 667 final); Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil' (COM/2021/400 final).
2023/05/10
Committee: ENVI
Amendment 106 #

2022/0345(COD)

Proposal for a directive
Recital 13
(13) The quaternary treatment necessary to remove micro-pollutants from urban wastewater will imply additional costs, such as costs related to monitoring and new advanced equipment to be installed in certain urban wastewater treatment plants. In order to cover these additional costs and in accordance with the polluter-pays principle expressed in Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), it is essential that the producers placing on the Union market products containing substances which, at the end of their life, are found as micro- pollutants in urban wastewaters (‘micro- pollutant substances’) take responsibility for the additional treatment required to remove those substances, generated in the context of their professional activities. A system of extended producer responsibility is the most appropriate means to achieve this, as it would limit the financial impact on the taxpayer and water tariff, while providing an incentive to develop greener products. Extended producer responsibility schemes should be implemented before the deadline for compliance with quaternary treatment. Pharmaceuticals and cosmetic residues currently represent the main sources of micro-pollutants found in urban wastewater requiring an additional treatment (quaternary treatment). Therefore, extended producer responsibility should apply to those two product groups. The list of product groups should be adapted, if and as necessary, in the future in line with scientific and technological development, the evolution of the range of products placed on the market and new data from monitoring.
2023/05/10
Committee: ENVI
Amendment 117 #

2022/0345(COD)

Proposal for a directive
Recital 13
(13) The quaternary treatment necessary to remove micro-pollutants from urban wastewater will imply additional costs, such as costs related to monitoring and new advanced equipment to be installed in certain urban wastewater treatment plants. In order to cover these additional costs and in accordance with the polluter-pays principle expressed in Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), it is essential that the producers placing on the Union market products containing substances which, at the end of their life, are found as micro- pollutants in urban wastewater plant effluents (‘micro- pollutant substances’) take responsibility for the additional treatment required to remove those substances, generated in the context of their professional activities. A system of extended producer responsibility is the most appropriate means to achieve this, as it would limit the financial impact on the taxpayer and water tariff, while providing an incentive to develop greener products. Pharmaceuticals and cosmetic residues currently represent the main sources of micro-pollutants found in urban wastewater requiring an additional treatment (quaternary treatment). Therefore, extended producer responsibility should apply to those two product groups.
2023/05/10
Committee: ENVI
Amendment 122 #

2022/0345(COD)

Proposal for a directive
Recital 14
(14) Exonerations from the extended producer responsibility obligations should nevertheless be possible where products are placed on the EU market in small quantities, i.e. less than 2 tonnes of products, since the additional administrative burden for the producerSmall, Medium or Micro Enterprises would in such cases be disproportionate compared to the environmental benefits. Exonerations should also be possible when the producer can demonstrate that no micro-pollutants are generated at the end of life of a product. It might be the case for instance where it can be proven that the residues from a product are rapidly biodegradable in the wastewater treatment plants and the environment or not reaching the urban wastewater treatment plants. The Commission should be empowered to adopt implementing acts to establish detailed criteria to identify the products placed on the market that do not generate relevant micro-pollutants in wastewaterswhose removal requires the upgrading of wastewater treatment plants with a quaternary treatment stage at the end of their life. When developing these criteria, the Commission should take into account scientific or other available technical information, including relevant international standards.
2023/05/10
Committee: ENVI
Amendment 129 #

2022/0345(COD)

Proposal for a directive
Recital 14
(14) Exonerations from the extended producer responsibility obligations should nevertheless be possible where products are placed on the market in small quantities, i.e. less than 2 tonnes of products, since the additional administrative burden for the producer would in such cases be disproportionate compared to the environmental benefits. Exonerations should also be possible when the producer can demonstrate that no micro-pollutants are generated at the end of life of a product. It might be the case for instance where it can be proven that the residues from a product are inherently biodegradable or rapidly biodegradable in the wastewaters and the environment or not reaching the urban wastewater treatment plants. The Commission should be empowered to adopt implementing acts to establish detailed criteria to identify the products placed on the market that do not generate micro-pollutants in wastewaters at the end of their life. When developing these criteria, the Commission should take into account scientific or other available technical information, including relevant international standards.
2023/05/10
Committee: ENVI
Amendment 141 #

2022/0345(COD)

Proposal for a directive
Recital 15
(15) In order to avoid possible internal market distortions, minimum requirements for the implementation of the extended producer responsibility should be established in this Directive, while the practical organisation of the system should be decided at national level. The contributions of the producers should be proportionate to the quantities of relevant micro-pollutants contained in the products they place on the market and the hazardouness of their residues. The contributions, should cover, but not exceed, the costs for the monitoring activities for micro-pollutants, the collection, reporting and impartial verification of statistics on the quantities and hazardouness of micro-pollutants in the products placed on the market, and the applicinstallation of the quaternary treatment to urban wastewater in an efficient manner and in accordance with this Directive. Since urban wastewater is treated collectively, it is appropriate to introduce a requirement for producers to join a centralised organisation which can implement their obligations under the extended producer responsibility on their behalf.
2023/05/10
Committee: ENVI
Amendment 155 #

2022/0345(COD)

(16) The evaluation has also shown that the wastewater treatment sector offers the opportunity to significantly reduce its own energy consumption and to produce renewable energy, for example by better use of the available surfaces in urban wastewater treatment plants for solar energy production or by producing biogas from sludge. The evaluation also illustrated that, without clear legal obligations, only partial progress can be expected in this sector. In this context, Member States should be required to ensure that the total annual energy used by all urban wastewater treatment plants on their national territory treating a load of 10 000 p.e. and above does not exceed the production of energy from renewable sources as defined in Article 2(1) of Directive (EU) 2018/2001 of the European Parliament and of the Council44, by those urban wastewater treatment plants. That objective should be progressively met with interim targets by 31 December 20407. Reaching this energy neutrality target will contribute to reduce the avoidable greenhouse gas (GHG) emissions from the sector by 46 %, while supporting the achievement of the 2050 climate neutrality objectives and related national and Union objectives, [such as the objectives set out in Regulation (EU) 2018/842 of the European Parliament and of the Council45. Encouraging EU-based biogas or solar energy production while enhancing energy efficiency measures in line with the Energy Efficiency First principle46, which means taking utmost account of cost-efficient energy efficiency measures in shaping energy policy and making relevant investment decisions, will also help reduce the Union energy dependence, one of the objectives expressed in the Commission "Repower EU" Plan47. It is also in line with Directive (EU) 2018/844 of the European Parliament and of the Council48and with Directive (EU) 2018/2001 in which urban wastewater treatment sites are qualified as ‘go-to' areas for renewables, meaning a location designated as particularly suitable for the installation of plants for the production of energy from renewable sources. In order to reach the objective of energy neutrality via optimal measures for each urban wastewater treatment plant and for the collection system, Member States should ensure that energy audits are carried out in accordance with Article 8 of Directive 2012/27/EU of the European Parliament and of the Council49every four years. Those audits should include an identification of the potential for cost- effective use or production of renewable energy following the criteria set out in Annex VI to Directive 2012/27/EU. _________________ 44 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82). 45 Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26). 46 Commission Recommendation (EU) 2021/1749 of 28 September 2021 on Energy Efficiency First: from principles to practice — Guidelines and examples for its implementation in decision-making in the energy sector and beyond 47 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions: REPowerEU Plan (COM/2022/230 final). 48 Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018 amending Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency (OJ L 328, 21.12.2018, p. 210). 49 Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).
2023/05/10
Committee: ENVI
Amendment 180 #

2022/0345(COD)

Proposal for a directive
Recital 24
(24) In order to protect the environment and human health, Member States should identify the risks caused by urban wastewaters management. As such, control at source should be promoted to prevent pollution in urban wastewater. On the basis of that identification, and where necessary to comply with the requirements of the Union water legislation, Member States should take more stringent measures for the urban wastewater collection and treatment than the measures required to comply with the minimum requirements set out in this Directive. Depending on the situation, those more stringent measures can include, inter alia, the establishment of collecting systems, the development of integrated urban wastewater management plans or the application of secondary, tertiary or quaternary treatment to urban wastewater for agglomerations or urban wastewater treatment plants that do not reach the p.e. thresholds triggering the application of the standard requirements. They can also include more advanced treatment than the treatment necessary to respect the minimum requirements or disinfection of treated urban wastewaters necessary to comply with Directive 2006/7/EC of the European Parliament and of the Council55. _________________ 55 Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC (OJ L 64, 4.3.2006, p. 37).
2023/05/10
Committee: ENVI
Amendment 184 #

2022/0345(COD)

Proposal for a directive
Recital 24 a (new)
(24a) Due to the environmental benefits of urban wastewater collection and treatment, Member States should have the possibility to adapt their urban wastewater collection and treatment infrastructures where this is necessary to address increased loads of domestic wastewater.
2023/05/10
Committee: ENVI
Amendment 205 #

2022/0345(COD)

Proposal for a directive
Recital 30
(30) In order to reduce administrative burden and better use the possibilities offered by digitalisation, the reporting on the implementation of the Directive should be improved and simplified by removing the obligation for Member States to report every two years to the Commission and for the Commission to publish bi-yearly reports. It should be replaced by a requirement for Member States to improve, with the support of the European Environment Agency (EEA), the existing national standardised data sets established under Directive 91/271/EEC, and to regularly update them. Permanent access to the national databases should be provided to the Commission and the EEA. In order to ensure complete information on the application of this Directive, the data sets should include information on compliance of urban wastewater treatment plants with the treatment requirements (pass/fail, loads and concentration of pollutants discharged), on the level of achievement of the objectives of energy neutrality, on GHG emissions of the treatment plants above 10 000 p.e. and on measures taken by the Member States in the context of storm water overflows/ urban runoff, access to sanitation and treatment by individual systems. Moreover, full coherence with Regulation (EC) 166/2006 of the European Parliament and of the Council65should be ensured to optimise the use of the data, as well as to support full transparency. _________________ 65 Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (Text with EEA relevance) OJ L 33, 4.2.2006, p. 1–17
2023/05/10
Committee: ENVI
Amendment 220 #

2022/0345(COD)

Proposal for a directive
Recital 36
(36) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission for the adoption of standards for the design of individual systems, for the adoption of monitoring and assessment methods for the indicators of the quaternary treatment, for the establishment and updating the definition of micro-pollutants, for the establishment of common conditions and criteria for the application of the exoneration for certain products from extended producer responsibility, for establishing methodologies to support the development of integrated urban wastewater management plans and to measure antimicrobial resistance and micro-plastics in urban wastewater, and for the adoption of the format of, and modalities for, presenting the information to be provided by Member States and compiled by the EEA on the implementation of this Directive. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.67. _________________ 67 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
2023/05/10
Committee: ENVI
Amendment 228 #

2022/0345(COD)

Proposal for a directive
Recital 38
(38) Pursuant to the Interinstitutional Agreement on Better Law-Making68, the Commission should carry out an evaluation of this Directive within a certain period of time from the date set for its transposition. That evaluation should be based on experience gained and data collected during the implementation of this Directive, on any available WHO recommendations, and on relevant scientific, analytical, and epidemiological data. In the evaluation, particular attention should be given to the possible necessity to adapt of the list ofdefinition of micro- pollutantsproducts to be covered by extended producer responsibility according to the evolution of the range of products placed on the market,the improvement of knowledge on the presence of micro-pollutants in the wastewaters and their impacts on public health and the environment, and data from the new monitoring obligations on micro- pollutants in the inlets and outlets of the urban wastewater treatment plants. _________________ 68 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1–14).
2023/05/10
Committee: ENVI
Amendment 239 #

2022/0345(COD)

Proposal for a directive
Article 1 – paragraph 1
This Directive lays down rules on the collection, treatment, and discharge of urban wastewater , to protect the environment and human health while progressively eliminatreducing greenhouse gas emissions to sustainable levels and improving the energy balance of urban wastewater collection and treatment activities. It also lays down rules on access to sanitation, on transparency of the urban wastewater sector and on the regular surveillance of public health relevant parameters in urban wastewaters .
2023/05/10
Committee: ENVI
Amendment 256 #

2022/0345(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 4
(4) 'agglomeration' means an area where the pollution load of urban wastewater is sufficiently concentrated (150 p.e. per hectare or above) in the area of permanent housing for urban wastewater to be collected and conducted to an urban wastewater treatment plant or to a final discharge point;
2023/05/10
Committee: ENVI
Amendment 270 #

2022/0345(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 6
(6) 'storm water overflow’ means discharge of untreated urban wastewater in receiving waters from combined sewers caused by excessive rainfall;
2023/05/10
Committee: ENVI
Amendment 286 #

2022/0345(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 12
(12) 'tertiary treatment' means treatment of urban wastewater by a process which removes nitrogen andor phosphorus from the urban wastewaters depending on receiving water conditions;
2023/05/10
Committee: ENVI
Amendment 303 #

2022/0345(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 16
(16) ‘micro-pollutant’ means a substance, including its breakdown products, that is usually present in the environment and urban wastewaters in concentrations below milligrams per litre and which can be considered hazardous to human health or the environment based on any of the criteria set out in Part 3 and Part 4 of Annex I to Regulation EC69; Substances fulfilling any of the above criteria are not considered as micropollutants if they are readily biodegradable according to Part 4.1.2.9.5 of Annex I to Regulation EC. _________________ 69 Regulation EC 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (OJ L 353 31.12.2008, p 1).
2023/05/10
Committee: ENVI
Amendment 316 #

2022/0345(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 18
(18) ‘producer’ means any manufacturer, importer or distributor that on a professional basis places products on the market of a Member State, which at the end of their life are ending into the urban wastewater, on the Union market, including by means of distance contracts as defined in Article 2(7) of Directive 2011/83/EU means;
2023/05/10
Committee: ENVI
Amendment 351 #

2022/0345(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 24
(24) ‘placing on the market’ means the first making available of a product on the Union market of a Member State.
2023/05/10
Committee: ENVI
Amendment 363 #

2022/0345(COD)

Proposal for a directive
Article 2 – paragraph 1 a (new)
The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 27 to update the definition of micro-pollutants to technical and scientific progress.
2023/05/10
Committee: ENVI
Amendment 366 #

2022/0345(COD)

Proposal for a directive
Article 3 – paragraph 1 – point b
(b) all their sources of domestic wastewater are connected to the collecting system whereby the connections will provide an environmental benefit.
2023/05/10
Committee: ENVI
Amendment 373 #

2022/0345(COD)

Proposal for a directive
Article 3 – paragraph 2 – introductory part
2. By 31 December 20307, Member States shall ensure that all agglomerations with a p.e. of between 1 0500 and 2 000 comply with the following requirements:
2023/05/10
Committee: ENVI
Amendment 378 #

2022/0345(COD)

Proposal for a directive
Article 3 – paragraph 2 – point b
(b) all their sources of domestic wastewater are connected to the collecting system whereby the connections will provide an environmental benefit.
2023/05/10
Committee: ENVI
Amendment 390 #

2022/0345(COD)

Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1
Member States shall ensure that individual systems are designed, operated and maintained in a manner that ensures at least the same level of treatment as the secondary and tertiary treatments referred to in Articles 6 and 7 or the standards set under 2000/60/EC.
2023/05/10
Committee: ENVI
Amendment 400 #

2022/0345(COD)

Proposal for a directive
Article 4 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 27 to supplement this Directive byMember States shall establishing minimum requirements on the design, operation, and maintenance of individual systems and by specifyingshall establish the requirements for the regular inspections referred to in paragraph 2, second subparagraph. The Commission shall provide guidance on the abovementioned minimum requirements on the design, operation, and maintenance of individual systems across Europe.
2023/05/10
Committee: ENVI
Amendment 401 #

2022/0345(COD)

Proposal for a directive
Article 4 – paragraph 4 – introductory part
4. Member States that use individual systems to treat more than 2 % of the urban wastewater load from agglomerations of 2 000 p.e. and above shall provide the Commission with a detailed justification for the use of individual systems in each of the agglomerations, where there is a risk to the environment or human health from the use of the individual systems in the agglomerations. That justification shall:
2023/05/10
Committee: ENVI
Amendment 407 #

2022/0345(COD)

Proposal for a directive
Article 4 – paragraph 4 – point c
(c) demonstrate compliance with the minimum requirements referred to in paragraph 3 where the Commission has exercised its delegated power under that paragraph.deleted
2023/05/10
Committee: ENVI
Amendment 414 #

2022/0345(COD)

Proposal for a directive
Article 5 – paragraph 1
1. By 31 December 20307, Member States shall ensure that an integrated urban wastewater management plan is established for agglomerations of 100 000 p.e. and above.
2023/05/10
Committee: ENVI
Amendment 420 #

2022/0345(COD)

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – introductory part
By 31 December 20325, Member States shall establish a list of agglomerations of between 10 000 p.e. and 100 000 p.e. where, considering historic data and state- of-the-art climate projections, one or more of the following conditions apply:
2023/05/10
Committee: ENVI
Amendment 426 #

2022/0345(COD)

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point b
(b) storm water overflow represents more than 1 % of the annual collected urban wastewater load, calculated in dry weather conditions;deleted
2023/05/10
Committee: ENVI
Amendment 446 #

2022/0345(COD)

Proposal for a directive
Article 5 – paragraph 3
3. By 31 December 203542, Member States shall ensure that an integrated urban wastewater management plan is established for agglomerations referred to in paragraph 2.
2023/05/10
Committee: ENVI
Amendment 467 #

2022/0345(COD)

Proposal for a directive
Article 6 – paragraph 2
2. For agglomerations of between 1 0500 p.e. and 2 000 p.e., Member States shall ensure that urban wastewater entering collecting systems is subject to secondary treatment, where there is a clear environmental need, in accordance with paragraph 3 or an equivalent treatment before discharge by 31 December 20307.
2023/05/10
Committee: ENVI
Amendment 476 #

2022/0345(COD)

Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
By 31 December 20307, Member States shall ensure that discharges from 50 % of urban wastewater treatment plants treating a load of 100 000 p.e. and above and not applying tertiary treatment on [OP please insert the date = the date of entry into force of this Directive] are subject to tertiary treatment in accordance with paragraph 4 where there is a an environmental need to be adressed.
2023/05/10
Committee: ENVI
Amendment 484 #

2022/0345(COD)

Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2
By 31 December 203542, Member States shall ensure that all urban wastewater treatment plants treating a load of 100 000 p.e. and above are subject to tertiary treatment in accordance with paragraph 4 where there is an environmental need to be addressed.
2023/05/10
Committee: ENVI
Amendment 497 #

2022/0345(COD)

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
By 31 December 20325, Member States shall establish a list of areas on their territory that are sensitive to eutrophication and update that list every five years starting on 31 December 20307.
2023/05/10
Committee: ENVI
Amendment 503 #

2022/0345(COD)

Proposal for a directive
Article 7 – paragraph 3 – subparagraph 1
By 31 December 203542, Member States shall ensure that for 50 % of the agglomerations of between 10 000 p.e. and 100 000 p.e. that are discharging into areas included in the list referred to in paragraph 2 and not applying tertiary treatment on [OP please insert the date = the date of entry into force of this Directive] urban wastewater entering collecting systems is subject to tertiary treatment in accordance with paragraph 4 before discharge into those areas where there is an environmental need to be addressed.
2023/05/10
Committee: ENVI
Amendment 515 #

2022/0345(COD)

Proposal for a directive
Article 7 – paragraph 3 – subparagraph 2
By 31 December 20407, Member States shall ensure that urban wastewater entering collecting systems is subject to tertiary treatment in accordance with paragraph 4 before discharge into areas included in a list referred to in paragraph 2 with regard to all agglomerations of between 10 000 p.e. and 100 000 p.e. where there is an environmental need to be addressed.
2023/05/10
Committee: ENVI
Amendment 544 #

2022/0345(COD)

Proposal for a directive
Article 7 – paragraph 5 – point a
(a) 82,5 % for total phosphorus and 80 % for total nitrogen by 31 December 203542;
2023/05/10
Committee: ENVI
Amendment 553 #

2022/0345(COD)

Proposal for a directive
Article 7 – paragraph 5 – point b
(b) 90 % for total phosphorus and 85 % for total nitrogen by 31 December 20407.
2023/05/10
Committee: ENVI
Amendment 560 #

2022/0345(COD)

Proposal for a directive
Article 7 – paragraph 6
6. Discharges from urban waste water wastewater treatment plants of 10 000 p.e. and above into a relevant catchment area of an area sensitive to eutrophication included in a list referred to in paragraph 2 shall also be subject to paragraphs 3, 4 and 5.
2023/05/10
Committee: ENVI
Amendment 573 #

2022/0345(COD)

Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
By 31 December 20307, Member States shall ensure that 50 % of discharges from urban wastewater treatment plants treating a load of 100 000 p.e. and above are subject quaternary treatment in accordance with paragraph 5 where there is an environmental need to be addressed.
2023/05/10
Committee: ENVI
Amendment 585 #

2022/0345(COD)

Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2
By 31 December 203542, Member States shall ensure that all urban wastewater treatment plants treating a load of 100 000 p.e. and above are subject to quaternary treatment in accordance with paragraph 5 where there is an environmental need to be addressed.
2023/05/10
Committee: ENVI
Amendment 596 #

2022/0345(COD)

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
On 31 December 20307, Member States shall haveundertake a risk assessment to established a list a list of areas on their national territory where the concentration or the accumulation of micro-pollutants represents a risk for human health or the environment. Member States shall review that list every five years thereafter and update it if necessary.
2023/05/10
Committee: ENVI
Amendment 628 #

2022/0345(COD)

Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
By 31 December 203542, Member States shall ensure that for 50 % of the agglomerations of between 10 000 p.e and 100 000 p.e., urban wastewater entering collecting systems is subject to quaternary treatment in accordance with paragraph 5 before discharge into areas included in a list referred to in paragraph 2.
2023/05/10
Committee: ENVI
Amendment 632 #

2022/0345(COD)

Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2
By 31 December 20407, Member States shall ensure that urban wastewater entering collecting systems is subject to quaternary treatment in accordance with paragraph 5 before discharge into areas included in a list referred to in paragraph 2 with regard to all agglomerations of between 10 000 p.e and 100 000 p.e. where there is an environmental need to be addressed.
2023/05/10
Committee: ENVI
Amendment 710 #

2022/0345(COD)

Proposal for a directive
Article 9 – paragraph 2 – point a
(a) that they are a Small, Medium or Micro Enterprise in line with the definition under the Recommendation 2003/361/EC or the quantity of the product they place on the market is below 2 tonnes per year;
2023/05/10
Committee: ENVI
Amendment 723 #

2022/0345(COD)

Proposal for a directive
Article 9 – paragraph 2 – point b
(b) the products they place on the market do not generate micro-pollutants in wastewatersthe effluents of wastewater treatment plants without quartenary treatment stage at the end of their life.
2023/05/10
Committee: ENVI
Amendment 732 #

2022/0345(COD)

Proposal for a directive
Article 9 – paragraph 3
3. The Commission is empowered to adopt implementing acts to establish detailed criteria on the uniform application of the condition laid down in paragraph 2, point (b) to specific micro-pollutants or categories of products. Those implementing acts shall be adopted no later than [date of application of the article 8(1)] in accordance with the examination procedure referred to in Article 28(2).
2023/05/10
Committee: ENVI
Amendment 756 #

2022/0345(COD)

Proposal for a directive
Article 9 – paragraph 4 – subparagraph 2 – point a – point i
(i) the annual quantities of the micro- pollutants in the products listed in Annex III that they place on the market in the context of their professional activity;
2023/05/10
Committee: ENVI
Amendment 768 #

2022/0345(COD)

Proposal for a directive
Article 9 – paragraph 4 – subparagraph 2 – point a – point ii
(ii) information on the hazardousness of the producmicro-pollutants referred to in point (i) in the wastewaters at the end of their life;
2023/05/10
Committee: ENVI
Amendment 777 #

2022/0345(COD)

Proposal for a directive
Article 9 – paragraph 4 – subparagraph 2 – point a – point iii
(iii) when relevant, a list of micro- pollutants in their products exonerated in accordance with paragraph 2;
2023/05/10
Committee: ENVI
Amendment 790 #

2022/0345(COD)

Proposal for a directive
Article 9 – paragraph 4 – subparagraph 2 – point c
(c) each producer’s contribution, as referred to in point (b), is determined based on the quantities and hazardousness in the wastewaters of the micro-pollutants contained in products that are placed on the market;
2023/05/10
Committee: ENVI
Amendment 845 #

2022/0345(COD)

Proposal for a directive
Article 11 – paragraph 1 – point a
(a) by 31 December 20325 for urban wastewater treatment plants treating a load of 100 000 p.e. and above and the collecting systems connected to them;
2023/05/10
Committee: ENVI
Amendment 853 #

2022/0345(COD)

Proposal for a directive
Article 11 – paragraph 1 – point b
(b) by 31 December 20307 for urban wastewater treatment plants treating a load of between 10 000 p.e. and 100 000 p.e. and the collecting systems connected to them.
2023/05/10
Committee: ENVI
Amendment 864 #

2022/0345(COD)

Proposal for a directive
Article 11 – paragraph 2 – introductory part
2. Member States shall ensure that the total annual energy from renewable sources, as defined in Article 2(1) of Directive (EU) 2018/2001, producgenerated at national level on- or off-site by urban wastewater treatment plants treating a load of 10 000 p.e. and above by their owners or their operators, or bought from external sources, is equivalent to at least:
2023/05/10
Committee: ENVI
Amendment 885 #

2022/0345(COD)

Proposal for a directive
Article 11 – paragraph 2 – point a
(a) 50 % of the total annual energy used by such plants by 31 December 20307;
2023/05/10
Committee: ENVI
Amendment 900 #

2022/0345(COD)

Proposal for a directive
Article 11 – paragraph 2 – point b
(b) 75 % of the total annual energy used by such plants by 31 December 203542;
2023/05/10
Committee: ENVI
Amendment 912 #

2022/0345(COD)

Proposal for a directive
Article 11 – paragraph 2 – point c
(c) 100 % of the total annual energy used by such plants by 31 December 20407.
2023/05/10
Committee: ENVI
Amendment 1003 #

2022/0345(COD)

Proposal for a directive
Article 17 – paragraph 4 – subparagraph 1
For agglomerations of 100 000 p.e. and above, Member States shall, by 1 January 202530, ensure that antimicrobial resistance is monitored at least twice a year at the inlets and outlets of urban wastewater treatment plants and, when relevant, in the collecting systems.
2023/05/10
Committee: ENVI
Amendment 1011 #

2022/0345(COD)

Proposal for a directive
Article 18 – paragraph 1 – introductory part
1. By [OP please insert the date = the last day of the secondfourth year after the date of entry in force of this Directive], Member States shall identify the risks caused by urban wastewater discharges to the environment and human health and at least those related to the following:
2023/05/10
Committee: ENVI
Amendment 1021 #

2022/0345(COD)

Proposal for a directive
Article 18 – paragraph 2 – introductory part
2. Where risks have been identified in accordance with paragraph 1, Member States shall adopt appropriate measures to address them, which shallmay include where appropriate the following measures:
2023/05/10
Committee: ENVI
Amendment 1025 #

2022/0345(COD)

Proposal for a directive
Article 18 – paragraph 2 – point a
(a) establishing collecting systems in accordance with Article 3 for agglomerations with a p.e. of less than 1 0500;
2023/05/10
Committee: ENVI
Amendment 1029 #

2022/0345(COD)

Proposal for a directive
Article 18 – paragraph 2 – point a a (new)
(aa) by way of derogation of subparagraph (a) of paragraph (2), establishing individual systems in accordance with Article 4 for agglomerations with a p.e. of less than 1 000;
2023/05/10
Committee: ENVI
Amendment 1034 #

2022/0345(COD)

Proposal for a directive
Article 18 – paragraph 2 – point b
(b) applying secondary treatment in accordance with Article 6 to discharges of urban wastewater from agglomerations with a p.e. of less than 1 0500;
2023/05/10
Committee: ENVI
Amendment 1054 #

2022/0345(COD)

Proposal for a directive
Article 19 – paragraph 1
Without prejudice to the principles of subsidiarity and proportionality, whilst taking into account the local, regional and cultural perspectives and circumstances for sanitation, Member States shall take all necessary measures to improve access to sanitation for all, in particular for vulnerable and marginalised groups.
2023/05/10
Committee: ENVI
Amendment 1056 #

2022/0345(COD)

Proposal for a directive
Article 19 – paragraph 2 – introductory part
For that purpose, Member States shall by 31 December 202730:
2023/05/10
Committee: ENVI
Amendment 1145 #

2022/0345(COD)

(a) by 31 December 20257, set up a data set containing information collected in accordance with Article 21 including information concerning the parameters referred to in Article 21(1), point (a), and the results of the tests with regard to the pass/fail criteria established in Part D of Annex I and update that data set annually thereafter;
2023/05/10
Committee: ENVI
Amendment 1146 #

2022/0345(COD)

Proposal for a directive
Article 22 – paragraph 1 – point b
(b) by 31 December 20257, set up a data set indicating the percentage of urban wastewater which is collected and treated in accordance with Article 3 and update that data set annually thereafter;
2023/05/10
Committee: ENVI
Amendment 1147 #

2022/0345(COD)

Proposal for a directive
Article 22 – paragraph 1 – point c
(c) by 31 December 20257, set up a data set containing information on measures taken to implement Article 4(4) and on the percentage of the urban wastewater load from agglomerations above 2 000 p.e. which is treated in individual systems and update that data set annually thereafter;
2023/05/10
Committee: ENVI
Amendment 1149 #

2022/0345(COD)

Proposal for a directive
Article 22 – paragraph 1 – point d
(d) by 31 December 20257, set up a data set containing information on the number of samples collected and the number of samples taken in accordance with Part D of Annex I that have failed;
2023/05/10
Committee: ENVI
Amendment 1157 #

2022/0345(COD)

Proposal for a directive
Article 22 – paragraph 1 – point e
(e) by 31 December 20257, set up a data set containing information on green house gas emissions with a breakdown between different gasses and on the total energy used and renewable energy produced by each urban wastewater treatment plant of 10 000 p.e. and above as well as a calculation of the percentage of achievement of the targets set out in Article 11(2) and update that data set annually thereafter;
2023/05/10
Committee: ENVI
Amendment 1158 #

2022/0345(COD)

Proposal for a directive
Article 22 – paragraph 1 – point f
(f) by 31 December 20257, set up a data set containing information on measures taken in accordance with point 3 of Annex V and update that data set annually thereafter;
2023/05/10
Committee: ENVI
Amendment 1159 #

2022/0345(COD)

Proposal for a directive
Article 22 – paragraph 1 – point g
(g) by 31 December 20257, set up a data set containing the monitoring results referred to in accordance with Article 17(1) and (4) and update that data set annually thereafter;
2023/05/10
Committee: ENVI
Amendment 1160 #

2022/0345(COD)

Proposal for a directive
Article 22 – paragraph 1 – point h
(h) by 31 December 20257, set up a data set containing the list of areas identified as sensitive to eutrophication in accordance with Article 7(2) and update that data set every 5 years thereafter;
2023/05/10
Committee: ENVI
Amendment 1163 #

2022/0345(COD)

Proposal for a directive
Article 22 – paragraph 1 – point i
(i) by 31 December 20302, set up a data set containing the list of areas identified as areas where the concentration or the accumulation of micro-pollutant represents a risk for human health or the environment in accordance with Article 8(2) and update that data set every 5 years thereafter;
2023/05/10
Committee: ENVI
Amendment 1164 #

2022/0345(COD)

Proposal for a directive
Article 22 – paragraph 1 – point j
(j) by 12 January 202931, set up a data set containing information on measures taken to improve access to sanitation in accordance with Article 19, including information on the share of their population that has access to sanitation and update that data set every 6 years thereafter.
2023/05/10
Committee: ENVI
Amendment 1169 #

2022/0345(COD)

Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
By [OP please insert date = the last day of the twenty-thirdforty-seventh month after the date of entry into force of this Directive], Member States shall establish a national implementation programme for this Directive.
2023/05/10
Committee: ENVI
Amendment 1179 #

2022/0345(COD)

Proposal for a directive
Article 23 – paragraph 2
2. By …[OP: please insert the date = the last day of the thirty-fiffifty-ninth month after the date of entry into force of this Directive], Member States shall submit to the Commission their national implementation programmes, except where they demonstrate, based on the monitoring results referred to in Article 21, that they are in compliance with Articles 3 to 8.
2023/05/10
Committee: ENVI
Amendment 1183 #

2022/0345(COD)

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1
Member States shall ensure that adequate and up-to-date information on urban wastewater collection and treatment is available to the public online, for agglomerations greater than 1 000 p.e in a user- friendly and customised way, in each agglomeration, 2 years after the date of entry into force of this Directive. The information shall include at least the data listed in Annex VI.
2023/05/10
Committee: ENVI
Amendment 1191 #

2022/0345(COD)

Proposal for a directive
Article 24 – paragraph 2 – introductory part
2. In addition, Member States shall ensure that all persons connected to collecting systems in agglomerations greater than 1 500 p.e., receive regularly and at least once a year, in the most appropriate form, including on their invoice or by smart applications, without having to request it, the following information:
2023/05/10
Committee: ENVI
Amendment 1252 #

2022/0345(COD)

Proposal for a directive
Article 26 – paragraph 4
4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from whicthat allows to establish a causality link may be presumed between the damage and the violation, Member States shall ensure that the onus is on the person responsible for the violation to prove that the violation did not cause or contribute to the damage.
2023/05/10
Committee: ENVI
Amendment 1257 #

2022/0345(COD)

Proposal for a directive
Article 27 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 2(1 a) (new), 4(3), 6(3), 7(4), 8(5), 14(3), 20(2), and 24(3) shall be conferred on the Commission for a period of five years from [OP please insert the date = the date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
2023/05/10
Committee: ENVI
Amendment 1259 #

2022/0345(COD)

Proposal for a directive
Article 27 – paragraph 3
3. The delegation of power referred to in Articles 2(1 a) (new), 4(3), 6(3), 7(4), 8(5), 14(3), 20(2), and 24(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2023/05/10
Committee: ENVI
Amendment 1261 #

2022/0345(COD)

Proposal for a directive
Article 27 – paragraph 6
6. A delegated act adopted pursuant to Articles 2(1 a) (new), 4(3), 6(3), 7(4), 8(5), 14(3), 20(2), or 24(3) 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 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.
2023/05/10
Committee: ENVI
Amendment 1273 #

2022/0345(COD)

Proposal for a directive
Article 30 – paragraph 1 – subparagraph 1 – introductory part
By 31 December 20340 and by 31 December 20450, the Commission shall carry out an evaluation of this Directive based in particular on the following elements:
2023/05/10
Committee: ENVI
Amendment 1343 #

2022/0345(COD)

Proposal for a directive
Annex V – point 2 – point a – paragraph 1
an indicative objective that storm water overflow, represents no more than 1 % of the annual collected urban wastewater load calculated in dry weather condi specific objective of reduction of pollution from storm water overflows shall be established in the Integrated urban wastewater management plans, according to the local needs of environmental protections;
2023/05/10
Committee: ENVI
Amendment 1353 #

2022/0345(COD)

Proposal for a directive
Annex V – point 2 – point a – paragraph 2 – point i
(i) 31 December 203542 for all agglomerations of 100 000 p.e. and above;
2023/05/10
Committee: ENVI
Amendment 1355 #

2022/0345(COD)

Proposal for a directive
Annex V – point 2 – point a – paragraph 2 – point ii
(ii) 31 December 20407 for agglomerations of 10 000 p.e. and above identified in accordance with paragraph 2 of Article 5;
2023/05/10
Committee: ENVI
Amendment 1358 #

2022/0345(COD)

Proposal for a directive
Annex V – point 2 – point b
(b) the progressive eliminareduction of untreated discharges of urban runoff through separate collection networks, unless it can be demonstrated that those discharges do not cause adverse impacts on the quality of receiving waters;
2023/05/10
Committee: ENVI
Amendment 133 #

2022/0272(COD)

Proposal for a regulation
Recital 9
(9) This Regulation ensures a high level of cybersecurity of products with digital elements. It does not regulate services, such as Software-as-a-Service (SaaS), except for remote data processing solutions relating to a product with digital elements understood as any data processing at a distance for which the software is designed and developed by or on behalf of the manufacturer of the product concerned or under the responsibility of that manufacturer, and the absence of which would prevent such a product with digital elements from performing one of its essential functions. [Directive XXX/XXXX(EU) 2022/2555 (NIS2)] puts in place cybersecurity and incident reporting requirements for essential and important entities, such as critical infrastructure, with a view to increasing the resilience of the services they provide. [Directive XXX/XXXX(EU) 2022/2555 (NIS2)] applies to cloud computing services and cloud service models, such as SaaS. All entities providing cloud computing services in the Union that meet or exceed the threshold for medium-sized enterprises fall in the scope of that Directive.
2023/05/04
Committee: ITRE
Amendment 140 #

2022/0272(COD)

Proposal for a regulation
Recital 10
(10) In order not to hamper innovation or research, only free and open-source software developed or supplied outsidein the course of a commercial activity should not be covered by this Regulation. This is in particular the case for software, including its source code and modified versions, that is openly shared and freely accessible, usable, modifiable and redistributable. In the context of software, a commercial activity might be characterized not only by charging a price for a product, but also by charging a price for technical support services when this pursues a profit or the intention to monetise, by providing a software platform through which the manufacturer monetises other services, or by the use of personal data for reasons other than exclusively for improving the security, compatibility or interoperability of the software.
2023/05/04
Committee: ITRE
Amendment 147 #

2022/0272(COD)

Proposal for a regulation
Recital 19 a (new)
(19a) ENISA should publish and maintain a known exploited vulnerability catalogue that should be included in the European vulnerability database established under Directive 2022/2555 (NIS2). The catalogue should assist manufacturers in detecting known exploitable vulnerabilities and notify vulnerabilities found in their products, in order to ensure that secure products are placed on the market.
2023/05/04
Committee: ITRE
Amendment 184 #

2022/0272(COD)

Proposal for a regulation
Recital 53
(53) In the interests of competitiveness, it is crucial that notified bodies apply the conformity assessment procedures without creating unnecessary burden foron economic operators. In order to ensure that notified bodies are able to perform their tasks efficiently, and to minimise possible impediments, the Commission and Member States should ensure that there are skilled professionals in the Union. For the same reason, and to ensure equal treatment of economic operators, consistency in the technical application of the conformity assessment procedures needs to be ensured. That should be best achieved through appropriate coordination and cooperation between notified bodies.
2023/05/04
Committee: ITRE
Amendment 185 #

2022/0272(COD)

Proposal for a regulation
Recital 53 a (new)
(53a) In order to increase efficiency and transparency, the Commission should within 24 months from the entry into force of this Regulation, ensure that there is a sufficient number of notified bodies in the Union to carry out a conformity assessment, in order to avoid bottlenecks and hindrances to market entry.
2023/05/04
Committee: ITRE
Amendment 200 #

2022/0272(COD)

Proposal for a regulation
Recital 69
(69) Economic operators should be provided with a sufficient time to adapt to the requirements of this Regulation. This Regulation should apply [324 months] from its entry into force, with the exception of the reporting obligations concerning activelyknown exploited vulnerabilities and incidents, which should apply [122 months] from the entry into force of this Regulation.
2023/05/04
Committee: ITRE
Amendment 202 #

2022/0272(COD)

Proposal for a regulation
Recital 69 a (new)
(69a) This Regulation may generate additional costs to micro, small and medium-sized enterprises. In order to support these enterprises that may face additional costs, the Commission should establish financial and technical support that allows for these companies to contribute to the European cybersecurity landscape.
2023/05/04
Committee: ITRE
Amendment 228 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
(4a) ‘cybersecurity’ means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881;
2023/05/04
Committee: ITRE
Amendment 234 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 21 a (new)
(21a) ‘micro, small and medium sized enterprises’ means micro, small and medium sized enterprises as defined in Commission Recommendation 2003/361/EC1a; _________________ 1a Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (notified under document number C(2003) 1422) (OJ L 124, 20.5.2003, p. 36).
2023/05/04
Committee: ITRE
Amendment 235 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 21 b (new)
(21b) ‘provider of an online marketplace’ means a provider of an intermediary service using an online interface, which allows consumers to conclude distance contracts with traders for the sale of products;
2023/05/04
Committee: ITRE
Amendment 247 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 39
(39) ‘activelyknown exploited vulnerability’ means a patched vulnerability for which there is reliable evidence exists that execution of malicious code was performed by an actor on a system without permission of the system owner;
2023/05/04
Committee: ITRE
Amendment 249 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 39 a (new)
(39a) ‘incident’ means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555;
2023/05/04
Committee: ITRE
Amendment 280 #

2022/0272(COD)

Proposal for a regulation
Article 10 – paragraph 6 – subparagraph 1
WManufacturers shall ensure, when placing a product with digital elements on the market, and for the expected product lifetime or for a period of five years from the placing of the product on the market, whichever is shorter, manufacturers shall ensure, that vulnerabilities of that product are handled effectively and in accordance with the essential requirements set out in Section 2 of Annex I.
2023/05/04
Committee: ITRE
Amendment 283 #

2022/0272(COD)

Proposal for a regulation
Article 10 – paragraph 6 – subparagraph 2 a (new)
Manufacturers shall determine the expected product lifetime referred to in the first subparagraph of this paragraph, taking into account the time users reasonably expect to be able to use the product given its functionality and intended purpose, and therefore can expect to receive security updates.
2023/05/04
Committee: ITRE
Amendment 294 #

2022/0272(COD)

Proposal for a regulation
Article 10 – paragraph 10 a (new)
10a. Manufacturers shall clearly specify in an easily accessible manner, and where applicable, on the packaging of the product with digital elements, the end date for the expected product lifetime as referred to in paragraph 6, including at least the month and year, until which the manufacturer will at least ensure the effective handling of vulnerabilities in accordance with the essential requirements set out in Section 2 of Annex I.
2023/05/04
Committee: ITRE
Amendment 307 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The manufacturer shall, without undue delay and in any event within 24 hours of becoming aware of it, notify to ENISA any activelyknown exploited vulnerability contained in the product with digital elements in accordance with paragraph 1a of this Article. The notification shall include details concerning that vulnerability and, where applicable, any corrective or mitigating measures taken. ENISA shall, without undue delay, unless for justified cybersecurity risk-related grounds, forward the notification to the CSIRT designated for the purposes of coordinated vulnerability disclosure in accordance with Article [Article X] of Directive [Directive XXX/XXXX(EU) 2022/2555 (NIS2)] of Member States concerned upon receipt and inform the market surveillance authority about the notified vulnerability. Where a notified vulnerability has no corrective or mitigating measures available, ENISA shall ensure that the sharing of information regarding the notified vulnerability is based on applicable security protocols and on a need-to-know- basis.
2023/05/04
Committee: ITRE
Amendment 310 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 1 a (new)
1a. 1a. Notifications as referred to in paragraph 1 shall be subject to the following procedure: (a) an early warning, without undue delay and in any event within 24 hours of the manufacturer becoming aware of the known exploited vulnerability, detailing whether any known corrective or mitigating measure is available; (b) a vulnerability notification, without undue delay and in any event within 72 hours of the manufacturer becoming aware of the known exploited vulnerability, which, where applicable, updates the information referred to in point (a), details any corrective or mitigating measures taken and indicates an assessment of extent of the vulnerability, including its severity and impact; (c) an intermediate report on relevant status updates, upon the request of ENISA; (d) a final report, within one month after the submission of the vulnerability notification under point (b), including at least the following: (i) a detailed description of the vulnerability, including its severity and impact; (ii) where available, information concerning any actor that has exploited or that is exploiting the vulnerability; (iii) details about the security update or other corrective measures that have been made available to remedy the vulnerability.
2023/05/04
Committee: ITRE
Amendment 312 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 1 b (new)
1b. Once a security update has been made available, or an appropriate corrective or mitigation measure has been implemented, ENISA shall add the notified vulnerability to the European vulnerability database referred to in Article 12 of Directive [Directive 2022/2555 (NIS2)].
2023/05/04
Committee: ITRE
Amendment 315 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The manufacturer shall, without undue delay and in any event within 24 hours of becoming aware of it, notify to ENISA any significant incident having impact on the security of the product with digital elements in accordance with paragraph 2b of this Article. ENISA shall, without undue delay, unless for justified cybersecurity risk-related grounds, forward the notifications to the single point of contact designated in accordance with Article [Article X] of Directive [Directive XXX/XXXX(EU) 2022/2555 (NIS2)] of the Member States concerned and inform the market surveillance authority about the notified significant incidents. The significant incident notification shall include information on the severity and impact of the incident and, where applicable, indicate whether the manufacturer suspects the incident to be caused by unlawful or malicious acts or considers the necessary information to make the competent authority aware of the incident and allow for the entity to have a cross-border impactseek assistance.
2023/05/04
Committee: ITRE
Amendment 316 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 2 a (new)
2a. An incident shall be considered to be significant, where: (a) it has caused or is capable of causing severe operational disruption of the production or the services for the manufacturer concerned, which would impact the security of a product; or (b) it has affected or is capable of affecting other natural or legal persons by causing considerable material or non- material damage.
2023/05/04
Committee: ITRE
Amendment 319 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 2 b (new)
2b. Notifications as referred to in paragraph 2 shall be subject to the following procedure: (a) an early warning, without undue delay and in any event within 24 hours of the manufacturer becoming aware of the significant incident, which, where applicable, indicates whether the significant incident is suspected of being caused by unlawful or malicious acts or could have a cross-border impact; (b) an incident notification, without undue delay and in any event within 72 hours of the manufacturer becoming aware of the significant incident, which, where applicable, updates the information referred to in point (a) and indicates an initial assessment of the significant incident, including its severity and impact, as well as, where available, the indicators of compromise; (c) an intermediate report on relevant status updates upon the request of ENISA; (d) a final report, within one month after the submission of the incident notification under point (b), including at least the following: (i) a detailed description of the incident, including its severity and impact; (ii) the type of threat or root cause that is likely to have triggered the incident; (iii) applied and ongoing mitigation measures; (iv) where applicable, the cross-border impact of the incident; In the event of an ongoing incident at the time of the submission of the final report referred to in point (d) of the first subparagraph, Member States shall ensure that entities concerned provide a progress report at that time and a final report within one month of their handling of the incident.
2023/05/04
Committee: ITRE
Amendment 323 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 3 a (new)
3a. ENISA shall publish and maintain a known exploited vulnerability catalogue that shall be included in the European vulnerability database established under Directive 2022/2555 (NIS2). The catalogue shall assist manufacturers in detecting known exploitable vulnerabilities and notify vulnerabilities found in their products.
2023/05/04
Committee: ITRE
Amendment 326 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. The manufacturer shall inform, without undue delay and after becoming aware, the users of the product with digital elements about the significant incident and, where necessary, about corrective measures that the user can deploy to mitigate the impact of the significant incident.
2023/05/04
Committee: ITRE
Amendment 343 #

2022/0272(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. Where an importer considers or has reason to believe that a product with digital elements or the processes put in place by the manufacturer are not in conformity with the essential requirements set out in Annex I, the importer shall not place the product on the market until that product or the processes put in place by the manufacturer have been brought into conformity with the essential requirements set out in Annex I. Furthermore, where the product with digital elements presents a significant cybersecurity risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
2023/05/04
Committee: ITRE
Amendment 346 #

2022/0272(COD)

Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 1
Importers who know or have reason to believe that a product with digital elements, which they have placed on the market, or the processes put in place by its manufacturer, are not in conformity with the essential requirements set out in Annex I shall immediately require the manufacturer to take the corrective measures necessary to bring that product with digital elements or the processes put in place by its manufacturer into conformity with the essential requirements set out in Annex I, or to withdraw or recall the product, if appropriate.
2023/05/04
Committee: ITRE
Amendment 347 #

2022/0272(COD)

Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2
Upon identifying a vulnerability in the product with digital elements, importers shall inform the manufacturer without undue delay about that vulnerability. Furthermore, where the product with digital elements presents a significant cybersecurity risk, importers shall immediately inform the market surveillance authorities of the Member States in which they made the product with digital elements available on the market to that effect, giving details, in particular, of the non-conformity and of any corrective measures taken.
2023/05/04
Committee: ITRE
Amendment 348 #

2022/0272(COD)

Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 2 a (new)
Upon receiving information from the manufacturer that the product with digital elements presents a significant cybersecurity risk, giving details, in particular, of the non-conformity and of any corrective measures taken, importers shall immediately forward this information to the market surveillance authorities of the Member States in which they made the product with digital elements available on the market to that effect.
2023/05/04
Committee: ITRE
Amendment 351 #

2022/0272(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. Where a distributor considers or has reason to believe that a product with digital elements or the processes put in place by the manufacturer are not in conformity with the essential requirements set out in Annex I, the distributor shall not make the product with digital elements available on the market until that product or the processes put in place by the manufacturer have been brought into conformity. Furthermore, where the product with digital elements poses a significant cybersecurity risk, the distributor shall inform the manufacturer and the market surveillance authorities to that effect.
2023/05/04
Committee: ITRE
Amendment 352 #

2022/0272(COD)

Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1
Distributors who know or have reason to believe that a product with digital elements, which they have made available on the market, or the processes put in place by its manufacturer are not in conformity with the essential requirements set out in Annex I shall make sure that threquire the manufacturer to take corrective measures necessary to bring that product with digital elements or the processes put in place by its manufacturer into conformity are taken, or to withdraw or recall the product, if appropriate.
2023/05/04
Committee: ITRE
Amendment 353 #

2022/0272(COD)

Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 2
Upon identifying a vulnerability in the product with digital elements, distributors shall inform the manufacturer without undue delay about that vulnerability. Furthermore, where the product with digital elements presents a significant cybersecurity risk, distributors shall immediately inform the market surveillance authorities of the Member States in which they have made the product with digital elements available on the market to that effect, giving details, in particular, of the non-conformity and of any corrective measures taken.
2023/05/04
Committee: ITRE
Amendment 355 #

2022/0272(COD)

Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 2 a (new)
Upon receiving information from the manufacturer that the product with digital elements presents a significant cybersecurity risk, giving details, in particular, of the non-conformity and of any corrective measures taken, distributors shall immediately forward this information to the market surveillance authorities of the Member States in which they made the product with digital elements available on the market to that effect.
2023/05/04
Committee: ITRE
Amendment 362 #

2022/0272(COD)

Proposal for a regulation
Article 17 a (new)
Article17a Specific obligations of providers of online marketplaces 1. Without prejudice to the general obligations provided for in Article 11 of Regulation (EU) 2022/2065, providers of online marketplaces shall designate a single point of contact allowing for direct communication, by electronic means, with Member States’ market surveillance authorities in relation to cybersecurity issues. 2. Without prejudice to the general obligations provided for in Article 12 of Regulation (EU) 2022/2065, providers of online marketplaces shall designate a single point of contact to enable consumers to communicate directly and rapidly with them in relation to cybersecurity issues. 3. As regards powers conferred by Member States in accordance with Article 14 of Regulation (EU) 2019/1020, Member States shall confer on their market surveillance authorities the necessary power, as regards specific content referring to an offer of a product with digital elements, which presents a significant cybersecurity risk or a vulnerability, to issue an order requiring the providers of online marketplaces to remove such content from their online interface, to disable access to it or to display an explicit warning. Such orders shall be issued in accordance with the minimum conditions set out in Article 9(2) of Regulation (EU) 2022/2065. Providers of online marketplaces shall take the necessary measures to receive and process orders issued pursuant to this paragraph and they shall act without undue delay. 4. Orders issued pursuant to paragraph 4 may require the provider of an online marketplace, for the prescribed period, to remove from its online interface all identical content referring to an offer of the product in question, to disable access to it or to display an explicit warning, provided that the search for the content concerned is limited to the information identified in the order and does not require the provider of an online marketplace to carry out an independent assessment of that content, and that the search and the removal can be carried out in a proportionate manner by reliable automated tools. 5. Providers of online marketplaces shall, without undue delay, process the notices related to cybersecurity issues with regard to the product offered for sale online through their services, received in accordance with Article 16 of Regulation (EU) 2022/2065. 6. For the purpose of compliance with the requirements of Article 31(1) and (2) of Regulation (EU) 2022/2065 as regards product safety information, providers of online marketplaces shall design and organise their online interface in a way that enables traders offering the product to provide at least the following information for each product offered and that ensures that the information is displayed or otherwise made easily accessible by consumers on the product listing: (a) name, registered trade name or registered trade mark of the manufacturer, as well as the postal and electronic address at which the manufacturer can be contacted; (b) information allowing the identification of the product, including a picture of it, its type and any other product identifier; and (c) any warning or safety information to be affixed on the product or to accompany it in accordance with this Regulation or the applicable Union harmonisation legislation in a language which can be easily understood by consumers as determined by the Member State in which the product is made available on the market. 7. For the purpose of compliance with Article 23 of Regulation (EU) 2022/2065 regarding cybersecurity issues, providers of online marketplaces shall suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to traders that frequently offer products which are non- compliant with this Regulation. 8. Providers of online marketplaces shall cooperate with the market surveillance authorities, with traders and with relevant economic operators to facilitate any action taken to eliminate or, if that is not possible, to mitigate the risks presented by a product that is or was offered online through their services.
2023/05/04
Committee: ITRE
Amendment 373 #

2022/0272(COD)

Proposal for a regulation
Article 23 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 50 to supplement this Regulation by the elements to be included in the technical documentation set out in Annex V to take account of technological developments, as well as developments encountered in the implementation process of this Regulation. When adopting delegated acts, the Commission shall take into account and make sure the administrative burden on micro, small and medium sized enterprises is kept to a minimum.
2023/05/04
Committee: ITRE
Amendment 383 #

2022/0272(COD)

Proposal for a regulation
Article 24 – paragraph 5
5. Notified bodies shall take into account the specific interests and needs of micro, small and medium sized enterprises (SMEs) when setting the fees for conformity assessment procedures and reduce those fees proportionately to their specific interests and needs. The Commission shall ensure that appropriate financial support in the regulatory framework of existing Union programmes is allocated to micro, small and medium- sized enterprises, in order to mitigate possible financial burden.
2023/05/04
Committee: ITRE
Amendment 387 #

2022/0272(COD)

Proposal for a regulation
Article 28 – paragraph 1 a (new)
1a. The Commission shall, within 24 months from the entry into force of this Regulation, ensure that there is a sufficient number of notified bodies in the Union to carry out a conformity assessment, in order to avoid bottlenecks and hindrances to market entry.
2023/05/04
Committee: ITRE
Amendment 440 #

2022/0272(COD)

Proposal for a regulation
Article 50 – paragraph 6 a (new)
6a. When exercising the power of delegation, the Commission shall conduct public consultations and engage in regular dialogue with economic operators, in order to collect evidence and evaluate market implications of including or withdrawing categories of products in the scope of this Regulation.
2023/05/04
Committee: ITRE
Amendment 444 #

2022/0272(COD)

Proposal for a regulation
Article 53 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements by economic operators of this Regulation and shall take all measures necessary to ensure that they are enforced. The penalties provided for shall be effective, proportionate and dissuasive. These rules shall take into account the financial capabilities of micro, small and medium-sized enterprises.
2023/05/04
Committee: ITRE
Amendment 458 #

2022/0272(COD)

Proposal for a regulation
Article 57 – paragraph 2
It shall apply from [324 months after the date of entry into force of this Regulation]. However Article 11 shall apply from [122 months after the date of entry into force of this Regulation].
2023/05/04
Committee: ITRE
Amendment 188 #

2022/0216(COD)

Proposal for a regulation
Recital 18
(18) As a matter of principle, programmes promoting the donation of SoHOs should be founded on the principle of voluntary and unpaid donation, altruism of the donor and solidarity between donor and recipient. VAll donations, including voluntary and, unpaid SoHO donation is also a factor which can contribute to, must meet high safety standards for SoHOs and therefore to the protection of human health. It is also recognised, including by the Council of Europe Committee on Bioethics24, that while financial gain should be avoided, it may also be necessary to ensure that donors are not financially disadvantaged by their donation. Thus, compensation to remove any such risk is acceptable but should never constitute an incentive that would cause a donor to be dishonest when giving their medical or behavioural history or to donate more frequently than is allowed, posing risks to their own health and to that of prospective recipients. Such compensation should, therefore, be set by national authorities, at a level appropriate in their Member State to reach such objectives. _________________ 24 Council of Europe Committee on Bioethics (DH-BIO). Guide for the implementation of the principle of prohibition of financial gain with respect to the human body and its parts from living or deceased donors (March 2018). Available at https://rm.coe.int/guide-financial- gain/16807bfc9a.
2023/03/14
Committee: ENVI
Amendment 252 #

2022/0216(COD)

Proposal for a regulation
Recital 37
(37) It is necessary to promote information and awareness campaigns at national and Union level on the importance of SoHOs. The aim of these campaigns should be to help European citizens to decide whether to become donors during their lifetime and let their families or legal representatives know their wishes regarding donation after death. As there is a need to ensure the availability of SoHOs for medical treatments, Member States should promote the donation of SoHOs, including plasma, of high quality and safety, thereby also increasing self- sufficiency in the Union. Member States are also urged to take steps to encourage aencourage effective, sufficient and safe provision of SoHO services, including strong public and non- profit sector involvement in the provision of SoHO services, in particular for critical SoHOs and the related research and development.
2023/03/14
Committee: ENVI
Amendment 611 #

2022/0216(COD)

Proposal for a regulation
Article 53 – paragraph 1 – point j
(j) verify, by means of a registry, that donors are not donating more frequently than indicated as safe in technical guidelines as referred to in Article 56 and demonstrate that their health is not compromy meet medical conditions if required in specific donation types on the basis of the latest available scientific evidence and medical expertised;
2023/03/14
Committee: ENVI
Amendment 618 #

2022/0216(COD)

Proposal for a regulation
Article 53 – paragraph 1 – point k
(k) develop and implement a plan for monitoring the donor’s health after the donation in cases where the SoHO donations imply a significant risk to a donor as referred tospecified in paragraph 3;
2023/03/14
Committee: ENVI
Amendment 637 #

2022/0216(COD)

Proposal for a regulation
Article 54 – paragraph 2
2. Member States may allow for the compensation or reimbursement from the SoHO entities to donors for losses related to their partiany expenses and inconveniences associpation ined with their donations through among others fixed rate allowances. In such case, Member States shall establish the conditions for such allowances in national legislation, including the setting of an upper limit that ensures that allowances are financially neutral and consistent with the standards laid down in this Article. They may delegate the setting of conditions for such allowances to independent bodies that are established in accordance with national legislation.
2023/03/14
Committee: ENVI
Amendment 757 #

2022/0216(COD)

Proposal for a regulation
Article 62 – paragraph 2
2. Member States shall make all reasonable efforts to promote public participation in SoHO donation activities, in particular for critical SoHOs, with a view to ensuring a resilient supply and responsive increases in donation rates when risks of shortage are detected. In so doing, they shall encourage the collection of SoHOs with a strong public and non- profit sector involvement.the involvement of all relevant stakeholders
2023/03/14
Committee: ENVI
Amendment 299 #

2022/0196(COD)

Proposal for a regulation
Recital 3
(3) The European Parliament resolution of 12 February 2019 on the implementation of Directive 2009/128/EC on the sustainable use of pesticides41 noted that the Union must act without delay to transition to a more sustainable use of pesticides and called on the Commission to propose an ambitious Union-wide binding target for the reduction of pesticide use. The European Parliament re-affirmed its call for binding reduction targets, in its resolution of 20 October 2021 on a Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system42 , its call for reduction targets binding at EU level. __________________ 41 P8_TA(2019)0082, 12 February 2019. 42 P9_TA(2021)0425, 20 October 2021.
2023/04/04
Committee: ENVI
Amendment 321 #

2022/0196(COD)

Proposal for a regulation
Recital 7
(7) The Commission Communication entitled ‘the European Green Deal’47 set out a roadmap of key measures, including legislative, to significantly reduce the use and risk of chemical pesticides. In the Farm to Fork Strategy48 , EU Biodiversity Strategy for 203049 and the Zero Pollution Action Plan50 , the Commission committed to take action to reduce by 50% the overall use and risk from chemical pesticides by 2030 and reduce by 50% the use of more hazardous pesticides (plant protection products containing one or more active substances approved as candidates for substitution in accordance with Article 24 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council51 and listed in Part E of the Annex to Commission Implementing Regulation (EU) No 540/201152 , or containing one or more active substances listed in the Annex to Commission Implementing Regulation (EU) 2015/40853 ) by 2030. The sustainable use of plant protection products is also complementary to the promotion of organic farming and achieving the Farm to Fork Strategy target of at least 25% of the Union’s agricultural land under organic farming by 2030. It supports the objectives of the EU strategic framework on health and safety at work54 and thereby contributes to the implementation of principle 10 of the European Pillar of Social Rights on a healthy, safe and well- adapted work environment. __________________ 47 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal COM/2019/640 final. 48 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system, COM/2020/381 final. 49 Communication from the Commission to the European Parliament the Council, the European Economic and Social Committee and the Committee of the Regions, EU Biodiversity Strategy for 2030 Bringing nature back into our lives, COM/2020/380 final. 50 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil', COM(2021) 400 final. 51 Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1). 52 Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1). 53 Commission Implementing Regulation (EU) 2015/408 of 11 March 2015 on implementing Article 80(7) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and establishing a list of candidates for substitution (OJ L 67, 12.3.2015, p. 18). 54 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, EU strategic framework on health and safety at work 2021-2027 Occupational safety and health in a changing world of work, COM/2021/323 final.
2023/04/04
Committee: ENVI
Amendment 333 #

2022/0196(COD)

Proposal for a regulation
Recital 8
(8) Two European citizens’ initiatives address the use of pesticides and call for ambitious reduction targets. The initiative ‘Ban glyphosate and protect people and the environment from toxic pesticides’ submitted to the Commission on 6 October 2017 called on the Commission, under its third aim, ‘to set EU-wide mandatory reduction targets for pesticide use, with a view to achieving a pesticide- free future’. In its reply adopted on 12 December 2017, the Commission stated that it would re-evaluate the need for EU- wide mandatory targets for pesticides. More recently, the initiative ‘Save bees and farmers! Towards a bee-friendly agriculture for a healthy environment’ calls on the Commission ‘to propose legal acts to phase out synthetic pesticides in EU agriculture by 80% by 2030, starting with the most hazardous, and to become free of synthetic by 2035.’ The initiative has collected over 1 million statements of support by 30 September 2021 which are currently being verified by Member States authorities.deleted
2023/04/04
Committee: ENVI
Amendment 359 #

2022/0196(COD)

Proposal for a regulation
Recital 11
(11) Biological control agents are a sustainable control alternative to the use of chemical products for the control of harmful organisms. As noted in Council Decision (EU) 2021/110257 , biological control agents have a growing importance in sustainable agriculture and forestry and have an instrumental role to play in the success of integrated pest management and organic farming. Access to biological controls facilitates moving away from chemical plant protection products. It is appropriate to encourage farmers to switch to low input agricultural methods including organic farming. It is therefore appropriate to define the concept of biological control as a basis for Member States to set indicative targets to increase the percentage of crops on which biological control agents are used. __________________ 57 Council Decision (EU) 2021/1102 of 28 June 2021 requesting the Commission to submit a study on the Union’s situation and options regarding the introduction, evaluation, production, marketing and use of invertebrate biological control agents within the territory of the Union and a proposal, if appropriate in view of the outcomes of the study (OJ L 238, 6.7.2021, p. 81).
2023/04/04
Committee: ENVI
Amendment 369 #

2022/0196(COD)

Proposal for a regulation
Recital 12
(12) The objective of the Farm to Fork Strategy is to make substantial progress in the reduction of the use of chemical plant protection products in an economically viable way. In order to achieve that aim, it is necessary to set quantified targets at Union and Member State levels for the reduction in the use and risk of chemical plant protection products and the use of more hazardous plant protection products to monitor progress. National targets should be established by national law in order to ensure adequate progress and accountability in relation to them. These binding national targets should also be achieved by Member States by 2030. The reduction in the use of chemical plant protection products is expected to significantly reduce occupational safety and health risks for professional userslevel.
2023/04/04
Committee: ENVI
Amendment 382 #
2023/04/04
Committee: ENVI
Amendment 407 #

2022/0196(COD)

Proposal for a regulation
Recital 14
(14) Member States should draft and publish national action plans. In order for the Member State national action plans to be effective, they should contain quantitative objectives, references to binding national 2030 reduction targets as set out in national law, together with related indicative targets set out in the national action plans, measures, timetables and indicators to reduce risks and impacts of pesticide use on human health and the environment. This will allow for a structured approach to the setting of quantitative objectives and targets, with a clear link to the national 2030 reduction targets. In order to monitor compliance with the provisions of this Regulation, Member States should also be required to report annually on targets and precise quantitative data relating to compliance with provisions on use, training, application equipment and integrated pest management.
2023/04/04
Committee: ENVI
Amendment 427 #

2022/0196(COD)

Proposal for a regulation
Recital 15
(15) In order to achieve the Union-wide reduction targets (‘Union 2030 reduction targets’) as well as national 2030 reduction targets, it is necessary to increase the availability and use of biological control and other non-chemical alternatives. Availability of these alternatives will incentivise the adoption of low pesticide- input pest management practices such as organic farming.
2023/04/04
Committee: ENVI
Amendment 446 #

2022/0196(COD)

Proposal for a regulation
Recital 17
(17) In order to ensure consistency and complementarity with related legislation, Member State national action plans should take into account Directive 2009/147/EC of the European Parliament and of the Council59 , Council Directive 92/43/EEC60 , Directive 2000/60/EC of the European Parliament and of the Council61 , Council Directive 91/676/EEC62 , Directive 2008/50/EC of the European Parliament and of the Council63 , Directive (EU) 2016/2284 of the European Parliament and of the Council64 and Regulation xxx/xxx on nature restoration [reference to adopted act to be inserted] and should be consistent with the Common Agricultural Policy (“CAP”) Strategic Plans drawn-up in accordance with Regulation (EU) 2021/2115 of the European Parliament and of the Council65 . __________________ 59 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7). 60 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). 61 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1). 62 Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1). 63 Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ L 152, 11.6.2008, p. 1). 64 Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1). 65 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1).
2023/04/04
Committee: ENVI
Amendment 451 #

2022/0196(COD)

Proposal for a regulation
Recital 18
(18) Economic instruments, including those under the CAP that provide support to farmers, can play a crucialsignificant role in the achievement of objectives relating to the sustainable use of plant protection products and, in particular, reducing the use of chemical plant protection products. Member States have to show in their national CAP Strategic Plans that their implementation of the CAP contributes to and supports other relevant Union legislation and their objectives, including objectives under this Regulation.
2023/04/04
Committee: ENVI
Amendment 456 #

2022/0196(COD)

Proposal for a regulation
Recital 19
(19) For the sake of transparency and in order to encourage greater progress, it is necessary to measure the progress made by Member States in relation to the achievement of the national 2030 reduction targets and other national indicative reduction targets. This should be done on an annual basis by means of annual progress and implementation reports. In order to monitor the level of compliance with this Regulation in a streamlined, easily comparable manner, Member States should also include quantitative data in relation to the implementation of this Regulation as regards use, training, application equipment and integrated pest management. In order for the Commission to encourage progress towards achieving national 2030 reduction targets and other national indicative reduction targets, including any measures in support of such achievement, the Commission should analyse such progress and measures every 2 years.deleted
2023/04/04
Committee: ENVI
Amendment 464 #

2022/0196(COD)

Proposal for a regulation
Recital 20
(20) An approach to pest control that follows integrated pest management in ensuring careful consideration of all available means that discourage the development of populations of harmful organisms, while keeping the use of chemical plant protection products to levels that are economically and ecologically justified and minimising risks to human health and the environment is necessary for the protection of human health and the environment. ‘Integrated pest management’ emphasises the growth of a healthy crop with the least possible disruption to agro-ecosystems, encourages natural pest control mechanisms and uses chemical control only when all other control means are exhausthad been considered. To ensure that integrated pest management is implemented consistently on the ground, it is necessary to lay down clear rules in this Regulation. In order to comply with the obligation to follow integrated pest management, a professional user should consider and implement all methods and practices that avoid the use of plant protection products. Chemical plant protection products should only be used when all other control means have been exhausted. In order to ensure and monitor compliance with this requirement, it is important that professional users keep a record of the reasons why they apply plant protection products or the reasons for any other action taken in line with integrated pest management and of advice received in support of their implementation of integrated pest management from independent advisors. These records are also required for aerial applications.
2023/04/04
Committee: ENVI
Amendment 485 #

2022/0196(COD)

Proposal for a regulation
Recital 22
(22) In order to facilitate compliance with integrated pest management, it is necessary to lay down crop-specific rulguidelines that a professional user must followtake into consideration in relation to the specific crop and region in which the professional user operates. Such rulguidelines should convert the requirements of integrated pest management into verifiable criteria that apply to the specific crop. To ensure that the crop-specific rules are in accordance with the requirements of integrated pest management, detailed rules should be laid down as to what they should contain and the Commission should verify their development, implementation and enforcement on the groundindicate the principles of integrated pest management that apply to the specific crop.
2023/04/04
Committee: ENVI
Amendment 493 #

2022/0196(COD)

Proposal for a regulation
Recital 23
(23) In order to verify compliance by professional users with integrated pest management, an electronic integrated pest management and plant protection product use register should be maintained with the aim of verifying compliance with the ruprinciples on integrated pest management set out in this Regulation and supporting the development of Union policy. Access to the register should also be granted to national statistical authorities for the development, production and dissemination of official statistics in accordance with Chapter V of Regulation (EC) No 223/2009 of the European Parliament and of the Council66 . This register should record any preventative measure or interventionuse of plant protection product and the reasons for that preventative measure or intervention. This will provide the competent authorities with the information necessary to verify whether a professional user has carried out a decision-making process, in accordance with integrated pest management, before determining the specific preventative measure or intervention. The register should also contain details in relation to advice required annually in support of integrated pest management in order to verify that such strategic longer term planning in relation to integrated pest management is taking place. __________________ 66 Regulation (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, 31.3.2009, p. 164).
2023/04/04
Committee: ENVI
Amendment 502 #

2022/0196(COD)

Proposal for a regulation
Recital 25
(25) Use of plant protection products may have particularly negative impacts in certain areas that are frequently used by the general public or by vulnerable groups, communities in which people live and work and ecologically sensitive areas, such as Natura 2000 sites protected in accordance with Directive 2009/147/EC of the European Parliament and of the Council67 and Council Directive 92/43/EEC68 . If plant protection products are used in areas used by the general public, the possibility of exposure of humans to such plant protection products is high. In order to protect human health and the environment, the use of plant protection products in sensitive areas and within 3 metres of such areas, should therefore be prohibited. Derogations from the prohibition should only be allowed under certain conditions and on a case- by-case basis. __________________ 67 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7). 68 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).deleted
2023/04/04
Committee: ENVI
Amendment 531 #

2022/0196(COD)

Proposal for a regulation
Recital 27
(27) Precision farming refers to agricultural management systems carefully tailoring crop management to fit localised conditions such as those found within land parcels. The application of existing technology, including the use of Union space data and services (Galileo and Copernicus), has the potential to significantly reduce pesticide usage. It is therefore necessary to provide for a legislative framework that incentivises the development of precision farming. Application of plant protection products from an aircraft, including application by planes, helicopters and drones, is usually less precise than other means of application and may therefore potentially cause adverse impacts on human health and the environment. Aerial application should therefore be prohibited, with limited derogations on a case-by-case basis where it has a less negative impact on human health and the environment than any alternative application method or there is no viable alternative application method. However, the possibility of protecting forest stands with the use of aerial treatments should be ensured. It is also necessary to record the numbers of aerial applications carried out on the basis of permits granted for aerial application in order to have clear data on how many aerial applications for which permits were granted actually took place.
2023/04/04
Committee: ENVI
Amendment 534 #

2022/0196(COD)

Proposal for a regulation
Recital 28
(28) It is however likely that certain unmanned aircraft (including drones) will allow for the targeted aerial application of plant protection products. Such unmanned aircraft are likely to help reduce the use of plant protection products due to targeted application and consequently help reduce the risks to human health and the environment compared to use of land-based application equipment. It is therefore appropriate to set criteria in this Regulation for an exemption of certain unmanned aircraft from the prohibition of aerial application. It is also appropriate to defer the application of this exemption for 3 years given the current state of scientific uncertainty.deleted
2023/04/04
Committee: ENVI
Amendment 558 #

2022/0196(COD)

Proposal for a regulation
Recital 33
(33) In order to ensure a planned approach to harmful organism control techniques across a number of growing seasons with a view to minimising the use of chemical plant protection products as much as possible and to ensure a proper implementation of integrated pest management, professional users should be required to regularly consulthave possibility to consult, if needed, trained, independent advisors on pest management, so that plant protection products are only used as a last resort.
2023/04/04
Committee: ENVI
Amendment 561 #

2022/0196(COD)

Proposal for a regulation
Recital 34
(34) Considering the possible risks to human health and the environment from the use of plant protection products, the public should have access to better information on the overall impacts of the use of such products through awareness- raising programmes, information passed on through distributors and other appropriate measureThe public should have access to full, balanced, objective and scientific- based information on plant protection products.
2023/04/04
Committee: ENVI
Amendment 568 #

2022/0196(COD)

Proposal for a regulation
Recital 35
(35) In order to better understand the trends regarding acute poisoning incidents and chronic poisoning arising from exposure of persons to plant protection products, information on such trends should be compiled by each Member State. The Commission should also monitor the overall trends at Union level.
2023/04/04
Committee: ENVI
Amendment 603 #

2022/0196(COD)

Proposal for a regulation
Recital 39
(39) For the moment, the only robust statistical data available at Union level relating to the marketing and use of plant protection products are the statistics on the quantities of active substances in plant protection products placed on the market, and the data on the number of authorisations for emergency situations in plant protection granted under Regulation (EC) No 1107/2009. Those statistics are used in the calculation of harmonised risk indicators 1 and 2 under Directive 2009/128/EC and in calculating progress towards the binding Union 2030 reduction targets and national 2030 reduction targets based on the Farm to Fork Strategy. The new harmonised risk indicator 2a will be calculated using statistics on the number of authorisations for emergency situations in plant protection, the properties of the active substances in plant protection products subject to these authorisations, and the areas treated under these authorisations to better quantify the risks arising from authorisations for emergency situations in plant protection.
2023/04/04
Committee: ENVI
Amendment 610 #

2022/0196(COD)

Proposal for a regulation
Recital 40
(40) For reasons of transparency, and to ensure uniform implementation by all Member States, the methodology for calculating progress towards achieving the two Union and two national 2030 reduction targets and the methodology for the calculation of harmonised risk indicators at Union and national level should be set out in an Annex to this Regulation.
2023/04/04
Committee: ENVI
Amendment 616 #

2022/0196(COD)

Proposal for a regulation
Recital 41
(41) The EU Biodiversity Strategy for 2030 recognises the need for urgent action to protect biodiversity. There is evidence of a widespread reduction of species, in particular insects and pollinators, in the Union. Biodiversity loss is, amongst other factors, driven by the use of plant protection products, while Member States actions under current Union policy instruments have not yet been able to stop this trend of biodiversity loss. It is therefore essential to ensure that plant protection products are used in such a way as to mitigate the risk of harmful effects of such products on wildlife, through a number of measures including training, inspection of application equipment in professional use and protection of the aquatic environment and sensitive areas.
2023/04/04
Committee: ENVI
Amendment 634 #

2022/0196(COD)

Proposal for a regulation
Recital 44
(44) Since the objective of this Regulation, namely to protect human health and the environment from risks and impacts associated with the use of plant protection products and to achieve the targets set out in the Farm to Fork Strategy and the EU Biodiversity Strategy, cannot be sufficiently achieved by the Member States, but can rather, by reason of the scale of their use and the complexity and effects of the risk profiles associated with them, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.deleted
2023/04/04
Committee: ENVI
Amendment 640 #

2022/0196(COD)

Proposal for a regulation
Recital 46
(46) In order to take into account technical progress and scientific developments, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend technical aspects of the provisions on obligations of professional users and advisors related to integrated pest management, inspection of application equipment in professional use, calculation of harmonised risk indicators, the data to be provided in annual progress and implementation reports and the notification form in relation to application equipment as well as Annexes II III, IV, V and VI. Likewise, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement this Regulation by specifying precise criteria in relation to certain factors regarding unmanned aircraft, once technical progress and scientific developments allow for the development of such precise criteria. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter- institutional Agreement of 13 April 2016 on Better Law-Making76 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 76 OJ L 123, 12.5.2016, p. 1.
2023/04/04
Committee: ENVI
Amendment 2200 #

2022/0196(COD)

Proposal for a regulation
Article 18 a (new)
Article 18a Use of plant protection products in sensitive areas 1. Where Member State concludes, based on sound scientific risk analysis, that safety precautions adopted based on the Regulation 1107/2009 and included in labels of plant protection products do not eliminate the risk posed by the use of plant protection products in specific areas or objects, it shall define such areas or objects in national legislation and shall lay down: (a) appropriate measures to eliminate identified risk, (b) the rules of implementation of measures referred to in letter (a), (c) users of plant protection products obliged to implement measures referred to in letter (a), if applicable, (d) derogations from measures referred to in letter (a) and procedures of granting such derogations, if applicable. 2. Measures referred to in paragraph 1 letter (a) may include one or more of the following elements: (a) the ban of the use of all of plant protection products or specified groups of plant protection products in defined areas or objects, (b) restriction concerning the use of plant protection products in defined areas or objects, (c) obligation for professional users to apply appropriate buffer zone when using plant protection products in proximity of defined areas or objects, (d) obligation for professional users to apply anti-drift techniques, when using plant protection products in the close vicinity of defined areas or objects, (e) obligations for professional users to apply appropriate warning measures, (f) closing of defined areas or objects for the period of application of plant protection products, (g) other measures necessary to eliminate identified risk. 3. The measures referred to in paragraph 1 letter (a) are without prejudice to the Union and national law and powers of the competent authorities in scope of eradication and containment of quarantine pests, pests referred to in art 29 and 30 of the Regulation 2016/2031, vectors of above mentioned pests and Invasive Alien Species.
2023/04/05
Committee: ENVI
Amendment 2237 #

2022/0196(COD)

Proposal for a regulation
Article 20 – paragraph 2 – point b – introductory part
(b) the aerial application has a less negative impact on human health and the environment than any alternative application method either because the aerial application equipment can be deployed on the relevant terrain in a faster timescale than land-based equipment and avoids a situation where the number of plant pests increases due to the longer time period required for land-based deployment or because it minimizes soil erosion when adverse weather conditions make the land unsuitable for land vehicles, and all of the following conditions are met: or
2023/04/05
Committee: ENVI
Amendment 2238 #

2022/0196(COD)

Proposal for a regulation
Article 20 – paragraph 2 – point b – point i
(i) the application equipment installed on the aircraft is registered in the electronic register of application equipment in professional use referred to in Article 33(1);deleted
2023/04/05
Committee: ENVI
Amendment 2239 #

2022/0196(COD)

Proposal for a regulation
Article 20 – paragraph 2 – point b – point ii
(ii) the aircraft is equipped with accessories that constitute the best availabdele technology to accurately apply the plant protection products and to reduce spray drift;d
2023/04/05
Committee: ENVI
Amendment 2241 #

2022/0196(COD)

Proposal for a regulation
Article 20 – paragraph 2 – point b – point iii
(iii) the plant protection product is authorised for use via aerial application under Regulation (EC) No 1107/2009.deleted
2023/04/05
Committee: ENVI
Amendment 2243 #

2022/0196(COD)

Proposal for a regulation
Article 20 – paragraph 2 – point b a (new)
(ba) the aerial application is to be carried out for the purpose of forest stands protection.
2023/04/05
Committee: ENVI
Amendment 2244 #

2022/0196(COD)

Proposal for a regulation
Article 20 – paragraph 2 – point b b (new)
(bb) The competent authority may grant above mentioned permit if the following conditions are met: (i) the application equipment installed on the aircraft is registered in the electronic register of application equipment in professional use referred to in Article 33(1); (ii) the aircraft is equipped with accessories that constitute the best available technology to accurately apply the plant protection products and to reduce spray drift; (iii) the plant protection product is authorised for use via aerial application under Regulation (EC) No 1107/2009. Member States may adopt national law specifying the best available technology referred to in second sentence point (ii). Member States may adopt national law specifying additional specific conditions under which aerial spraying may be carried out.
2023/04/05
Committee: ENVI
Amendment 2252 #

2022/0196(COD)

Proposal for a regulation
Article 20 – paragraph 4 – point c
(c) the relevant weather conditions allowing a safe application;deleted
2023/04/05
Committee: ENVI
Amendment 2254 #

2022/0196(COD)

Proposal for a regulation
Article 20 – paragraph 4 – point e
(e) the application equipment to be used and the risk mitigation measures to be taken.deleted
2023/04/05
Committee: ENVI
Amendment 2267 #

2022/0196(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. WBy way of derogation from Article 20(1) where certain categories of unmanned aircraft fulfil the criteria set out in paragraph 2, a Member Statethe Commission may exempt aerial application by such unmanned aircraft from the prohibition laid down in Article 20(1) prior to any aerial application of plant protection products. Provisions of Article 20 paragraph 2 to 5 do not apply to such unmanned aircraft.
2023/04/05
Committee: ENVI
Amendment 2275 #

2022/0196(COD)

Proposal for a regulation
Article 21 – paragraph 2 – introductory part
2. An aerial application by an unmanned aircraft may be exempted by the Member State from the prohibition laid down in Article 20(1) where factors related to the use of the unmanned aircraft demonstrate that the risks from its use are lower than the risks arising from other aerial equipment andare sufficient to keep risks from its use at the level equal or lower than posed by land- based application equipment. These factors shall include criteria relating to:
2023/04/05
Committee: ENVI
Amendment 2280 #

2022/0196(COD)

Proposal for a regulation
Article 21 – paragraph 2 – point d
(d) the availability of plant protection products authorized for use as ultra-low volume formulations in the relevant Member State;deleted
2023/04/05
Committee: ENVI
Amendment 2284 #

2022/0196(COD)

Proposal for a regulation
Article 21 – paragraph 2 – point f
(f) the level of training required for pilots operating an unmanned aircraft;deleted
2023/04/05
Committee: ENVI
Amendment 2285 #

2022/0196(COD)

Proposal for a regulation
Article 21 – paragraph 2 – point g
(g) potential concurrent use of multiple unmanned aircraft in the same area.deleted
2023/04/05
Committee: ENVI
Amendment 2294 #

2022/0196(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. By … [OP: please insert the date of application of this Regulation], Member States shall have in place effective measures and establish the necessary structure= the first day of the month following 2 years after the date of entry into force of this Regulation], Member States shall have in place national law-regulations to facilitate in a manner that does not endanger human health or the environment, the safe disposal of any unused plant protection products, any dilute solutions containing plant protection products and any packaging.
2023/04/05
Committee: ENVI
Amendment 2314 #

2022/0196(COD)

Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1 a (new)
Representatives of the plant protection products producers or distributors, providing information for professional users on the use of plant protection products shall poses valid certificate or a proof of entry in a central electronic register confirming accomplishment of the training course for advisors.
2023/04/05
Committee: ENVI
Amendment 2323 #

2022/0196(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. A distributor shall only sell a plant protection product authorised for professional use to a purchaser or his or her representative when that distributor has checked, at the time of purchase, that the purchaser or representative is a professional user and holds a training certificate for following courses for professional users issued in accordance with Article 25 or has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5). In case when purchaser does not meet requirements referred to in first sentence, a distributor shall refuse to sell plant protection product. The distributor has the right to check the purchaser's identity document.
2023/04/05
Committee: ENVI
Amendment 2337 #

2022/0196(COD)

Proposal for a regulation
Article 24 – paragraph 3
3. A distributor shall directinform a purchaser of a plant protection product tobeing a non-professional user that he or she should read its label prior to use and to use the product in accordance with the instructions on the label and shall inform the purchaser of the website referred to in Article 27.
2023/04/05
Committee: ENVI
Amendment 2341 #

2022/0196(COD)

Proposal for a regulation
Article 24 – paragraph 4
4. A distributor shall provide general information to non-professional users on the risks to human health and the environment of the use of plant protection products, including the information on hazards, exposure, proper storage, handling, application and safe disposal in accordance with Directive 2008/98/EC of the European Parliament and of the Council86 , and shall recommend alternative low-risk plant protection products and ways in which risks can be mitigated when using plant protection products. __________________ 86 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312 22.11.2008, p. 3).
2023/04/05
Committee: ENVI
Amendment 2345 #

2022/0196(COD)

Proposal for a regulation
Article 24 – paragraph 5
5. Each distributor shall ensure that it has sufficient staff that hold a training certificate for following courses for distributors issued in accordance with Article 25 or has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5) available at the time of sale to provide adequate responses to requests of purchasers of plant protection products at the moment of sale on their use, related health and environmental risks and the appropriate safety instructions to manage those risks.
2023/04/05
Committee: ENVI
Amendment 2350 #

2022/0196(COD)

Proposal for a regulation
Article 24 – paragraph 6
6. The distributor referred to in paragraph 5 shall inform the purchaser of a plant protection product about less hazardous control techniques before the purchaser buys a plant protection product with a higher risk for human health and the environment.deleted
2023/04/05
Committee: ENVI
Amendment 2357 #

2022/0196(COD)

Proposal for a regulation
Article 25 – paragraph 1 – introductory part
1. A competent authority designated in accordance with paragraph 2 shall appoint one or more bodies to provide the following training: initial and follow up training to professional users, distributors and advisors, taking into account the subjects listed in Annex III and relevance of this subjects for particular groups of participants. Certificates issued before the entry into force of this Regulation shall remain valid for the time they have been issued. Member states may adopt national regulations concerning: (a) requirements for bodies conducting trainings, concerning qualifications of lecturers and necessary equipment that should be used during trainings, (b) detailed programs of particular types of training, including different programs for different types of users of plant protection products (c) examination procedure for training participants.
2023/04/05
Committee: ENVI
Amendment 2359 #

2022/0196(COD)

Proposal for a regulation
Article 25 – paragraph 1 – point a
(a) initial and follow up training to professional users and distributors on the subjects listed in Annex III;deleted
2023/04/05
Committee: ENVI
Amendment 2364 #

2022/0196(COD)

Proposal for a regulation
Article 25 – paragraph 1 – point b
(b) practical training for professional users on the use of application equipment in professional use;deleted
2023/04/05
Committee: ENVI
Amendment 2368 #

2022/0196(COD)

Proposal for a regulation
Article 25 – paragraph 1 – point c
(c) extensive training for advisors on the subjects listed in Annex III with particular emphasis on the application of integrated pest management.deleted
2023/04/05
Committee: ENVI
Amendment 2387 #

2022/0196(COD)

Proposal for a regulation
Article 25 – paragraph 4 – point b
(b) the employer of the professional user, distributor or advisor to whom the training was provided, where that employer is a legal person or a natural person in its professional capacity;deleted
2023/04/05
Committee: ENVI
Amendment 2390 #

2022/0196(COD)

Proposal for a regulation
Article 25 – paragraph 4 – point d
(d) the date on which sufficient knowledge of the relevant subjects listed in Annex III was demonstraf issuance of the training certificate or entry in the central electronic registedr;
2023/04/05
Committee: ENVI
Amendment 2392 #

2022/0196(COD)

Proposal for a regulation
Article 25 – paragraph 4 – point f
(f) the number of hours of training;deleted
2023/04/05
Committee: ENVI
Amendment 2399 #

2022/0196(COD)

Proposal for a regulation
Article 25 – paragraph 5
5. 5. A competent authority designated in accordance with paragraph 2 or body referred to in paragraph 1 shall provide electronic proof of entry in a central electronic register to a professional user, distributor or advisor at the time the entry is made. Such electronic proof shall include a record of the period of validity of the entry in the central electronic register.
2023/04/05
Committee: ENVI
Amendment 2407 #

2022/0196(COD)

Proposal for a regulation
Article 25 – paragraph 6
6. A training certificate or an entry in a central electronic register shall be valid for 105 years in the case of a distributor or, professional user and for 5 years in the case of an advisor.
2023/04/05
Committee: ENVI
Amendment 2409 #

2022/0196(COD)

Proposal for a regulation
Article 25 – paragraph 7
7. Subject to paragraph 6, a training certificate or an entry in a central electronic register shall only be made or renewed if the holder of the certificate or the person whose name has been entered in the central electronic registeprofessional user, distributor or advisor demonstrates satisfactory completion of an initial andor follow up training or extensive training referred to in paragraph 1, point (a) or (c)and passes an exam on the knowledge covered by the training.
2023/04/05
Committee: ENVI
Amendment 2413 #

2022/0196(COD)

Proposal for a regulation
Article 25 – paragraph 8
8. Notwithstanding paragraph 6, a training certificate may be issued to a person who can demonstrate prior training through formal qualifications that demonstrate a more extensive knowledge of the subjects listed in Annex III than would be received in the training referred to in paragraph 1knowledge equal to knowledge covered by the training. If such knowledge has been obtain during education process, it should be proved by a secondary school or a university.
2023/04/05
Committee: ENVI
Amendment 2416 #

2022/0196(COD)

Proposal for a regulation
Article 25 – paragraph 9 – subparagraph 1a (new)
A competent authority designated in accordance with paragraph 2 shall withdraw a training certificate in case of serious violation of the law concerning providing an advice, sales, storage or use of plant protection product by a certificate holder. .
2023/04/05
Committee: ENVI
Amendment 2431 #

2022/0196(COD)

Proposal for a regulation
Article 26 – paragraph 3
3. Each professional user shall consult an independent advisor at least once a year for the purposes of receiving the strategic advice referred to in paragraph 4.deleted
2023/04/05
Committee: ENVI
Amendment 2439 #

2022/0196(COD)

Proposal for a regulation
Article 26 – paragraph 4
4. An advisor referred to in paragraph 3 shall provide strategic advice on the following subjects: (a) techniques to prevent harmful organisms; (b) management; (c) including use of space data and services; (d) (e) products are necessary, measures to effectively minimise risks to human health and the environment, in particular to biodiversity, including pollinators, from such use, including risk mitigation measures and techniques.deleted application of relevant control implementation of integrated pest precision farming techniques, use of non-chemical methods; where chemical plant protection
2023/04/05
Committee: ENVI
Amendment 2460 #

2022/0196(COD)

Proposal for a regulation
Article 27 – paragraph 1
1. Each Member State shall designate a competent authority to provide information to the public, in particular through awareness-raising programmes, in relation to the risks associated withrelation to the use of plant protection products.
2023/04/05
Committee: ENVI
Amendment 2466 #

2022/0196(COD)

Proposal for a regulation
Article 27 – paragraph 2
2. The competent authority referred to in paragraph 1 shall establish a website or websites dedicated to providing information on risks associated with the use of plant protection products. That information may be provided directly or by providing links to relevant websites of other national or international bodies.
2023/04/05
Committee: ENVI
Amendment 2476 #

2022/0196(COD)

Proposal for a regulation
Article 27 – paragraph 3 – point a a (new)
(aa) the reason why plant protection products are used and their role in agriculture;
2023/04/05
Committee: ENVI
Amendment 2478 #

2022/0196(COD)

Proposal for a regulation
Article 27 – paragraph 3 – point a b (new)
(ab) risk posed by pests, in particular quarantine pests and invasive alien species;
2023/04/05
Committee: ENVI
Amendment 2499 #

2022/0196(COD)

Proposal for a regulation
Article 28 – title
Information on acute and chronic poisoning
2023/04/05
Committee: ENVI
Amendment 2504 #

2022/0196(COD)

Proposal for a regulation
Article 28 – paragraph 1 – introductory part
1. Each Member State shall designate a competent authority to maintain or put in place systems for gathering and keeping the following information on acute and chronic poisoning incidents arising from exposure of persons to plant protection products:
2023/04/05
Committee: ENVI
Amendment 2506 #

2022/0196(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point a
(a) the name and authorisation number of the plant protection product and the active substances involved in the acute or chronic poisoning incident;
2023/04/05
Committee: ENVI
Amendment 2529 #

2022/0196(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. By … [OP please insert the date = first day of the month following 9 month5 years after the date of entry into force of this Regulation], an owner of application equipment in professional use shall enter the fact that he or she is the owner of the application equipment in the electronic register of application equipment in professional use referred to in Article 33, using the form set out in Annex V, unless the Member State in which the owner uses the equipment has exempted that equipment from inspection in accordance with Article 32(3).
2023/04/05
Committee: ENVI
Amendment 2535 #

2022/0196(COD)

Proposal for a regulation
Article 29 – paragraph 2
2. If application equipment in professional use is sold, the seller and the buyer shall enter the fact of the sale, within 30 days after the sale, in the electronic register of application equipment in professional use referred to in Article 33, using the form set out in Annex V, unless the application equipment in professional use has been exempted from inspection in the relevant Member State(s) in accordance with Article 32(3). A similar obligation to enter a transfer of ownership in the electronic register applies in the case of any other changes of ownership of application equipment in professional use that has not been exempted from inspection in the relevant Member State(s) in accordance with Article 32(3).
2023/04/05
Committee: ENVI
Amendment 2576 #

2022/0196(COD)

Proposal for a regulation
Article 31 – paragraph 1
1. The competent authority referred to in Article 30 or a body designated by it shall inspect application equipment in professional use every three years, starting from the date of first purchase. The competent authority shall ensure that there is sufficient staff, equipment and other resources necessary for the inspection of all application equipment due for inspection, within the three year cycleInspections of application equipment in professional use carried out prior to the entry into force of this regulation remain valid.
2023/04/05
Committee: ENVI
Amendment 2579 #

2022/0196(COD)

Proposal for a regulation
Article 31 – paragraph 3
3. The inspection shall be carried out at a location where the risk of pollution and water contamination can be avoided or with the use of efficient measures eliminating risk of such pollution or contamination. The influence of external conditions on the reproducibility of the results of the inspection, such as effects of wind and rain, shall be minimised by the authority or body carrying out the inspection.
2023/04/05
Committee: ENVI
Amendment 2580 #

2022/0196(COD)

Proposal for a regulation
Article 31 – paragraph 4
4. All equipment necessary for an inspection and used by the inspector for testing the application equipment shall be accurate, in good condition and checked and, where necessary, calibrated at regular intervals. The person carrying out the inspection should be properly trained. Member States may adopt national law specifying the more detailed requirements for equipment to be used during inspections of the application equipment in professional use. Member States may adopt national law specifying detailed requirements for the training of persons conducting inspections of the application equipment in professional use.
2023/04/05
Committee: ENVI
Amendment 2581 #

2022/0196(COD)

Proposal for a regulation
Article 31 – paragraph 5
5. The owner of the application equipment in professional use shall ensure that the application equipment is clean and safe before the inspection starts. In case the application equipment in professional use is not clean or safe the competent authority or body delegated by it refuse to conduct the inspection.
2023/04/05
Committee: ENVI
Amendment 2584 #

2022/0196(COD)

Proposal for a regulation
Article 31 – paragraph 6
6. The results of each inspection for which application equipment in professional use passes the test shall be recorded by the competent authority referred to in Article 30 in the central electronic register of application equipment in professional use referred to in Article 33.
2023/04/05
Committee: ENVI
Amendment 2586 #

2022/0196(COD)

Proposal for a regulation
Article 31 – paragraph 7 – point a
(a) issued by the competent authority referred to in Article 30 or body delegated by it to the owner of application equipment in professional use where that equipment complies with the requirements listed in Annex IV; and
2023/04/05
Committee: ENVI
Amendment 2588 #

2022/0196(COD)

Proposal for a regulation
Article 31 – paragraph 7 – point b
(b) recorded by that competent authority or body delegated by it in the central electronic register of application equipment in professional use referred to in Article 33.
2023/04/05
Committee: ENVI
Amendment 2596 #

2022/0196(COD)

Proposal for a regulation
Article 31 – paragraph 10
10. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending this Article and Annex IV in order to take into account technical progress and scientific developments.
2023/04/05
Committee: ENVI
Amendment 2600 #

2022/0196(COD)

Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
A Member State may, after carrying out the risk assessment referred to in paragraph 2, lay down less stringent inspection requirements and provide for different inspection intervals than those set out in Article 31 to application equipment in professional use which represents a very low scale of use estimated by way of the risk assessment referred to in paragraph 2 and which is listed in the national action plan referred to in Article 8.
2023/04/05
Committee: ENVI
Amendment 2602 #

2022/0196(COD)

Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 2 – point c – point i (new)
(i) the risk assessment conducted before entry into force of this regulation can be used for the purpose of this paragraph.
2023/04/05
Committee: ENVI
Amendment 2607 #

2022/0196(COD)

Proposal for a regulation
Article 32 – paragraph 3
3. A Member State may exempt from inspection referred to in Article 31 handheld application equipment or knapsack sprayers, in professional use, based on a risk assessment on their potential impact on human health and the environment, which shall include an estimation of the scale of use. The competent authority referred to in Article 30 shall maintain a copy of the risk assessment for control by the Commission. The risk assessment conducted before entry into force of this regulation can be used for the purpose of this paragraph.
2023/04/05
Committee: ENVI
Amendment 2623 #

2022/0196(COD)

Proposal for a regulation
Article 33 – paragraph 2 – point e
(e) where there has been a transfer of ownership, the date of each transfer and the name and address of previous owners within the last five years;deleted
2023/04/05
Committee: ENVI
Amendment 2627 #

2022/0196(COD)

Proposal for a regulation
Article 33 – paragraph 2 – point h
(h) the nozzle type(s) present on the application equipment at the time of inspection;deleted
2023/04/05
Committee: ENVI
Amendment 2630 #

2022/0196(COD)

Proposal for a regulation
Article 33 – paragraph 2 – point j
(j) for equipment older than three years, the date of each inspection carried out in accordance with Article 31;deleted
2023/04/05
Committee: ENVI
Amendment 2645 #

2022/0196(COD)

Proposal for a regulation
Article 34 – paragraph 1
1. The methodology for calculating progress towards achieving the two Union 2030 reduction targets and the two national 2030 reduction targets until and including 2030 is laid down in Annex I. This methodology shall be based on statistical data collected in accordance with Regulation (EC) No 1185/2009.
2023/04/05
Committee: ENVI
Amendment 2654 #

2022/0196(COD)

Proposal for a regulation
Article 34 – paragraph 2
2. Using the methodology set out in Annex I, the Commission shall calculate the results of progress towards achieving the two Union and two national 2030 reduction targets annually until and including 2030 and publish those results on the website referred to in Article 7.
2023/04/05
Committee: ENVI
Amendment 2663 #

2022/0196(COD)

Proposal for a regulation
Article 35 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending this Article and Annex VI in order to take into account technical progress, including progress in the availability of statistical data, and scientific and agronomic developments. Such delegated acts may modify the existing harmonised risk indicators or provide for new harmonised risk indicators, which may take into account Member States’ progress towards achieving the target of having 25% of their utilised agricultural area devoted to organic farming by 2030 as referred to in Article 8(1), point (d).
2023/04/05
Committee: ENVI
Amendment 2674 #

2022/0196(COD)

Proposal for a regulation
Article 36
Member State evaluation of progress calculations and harmonised risk 1. the results of each calculation of (a) progress towards achieving each of the two national 2030 reduction targets as referred to in Article 34 and (b) harmonised risk indicators at Member State level, as referred to in Article 35, each time the calculations are performed. 2. riskArticle 36 deleted indicators atEach Member State level referred to in Article 35 shall: (a) identify five active substances influencing the result most significantly; (b) the target pests on which the active substances referred to in point (a) are used; (c) specify available non-chemical methods to combat those pests; (d) summarise the actions taken to reduce the use and risk of the active substances referred to in point (a) and any barriers to the adoption of alternative pest controls. 3. the results of the calculations of harmonised risk indicators at Member State level, as specified in Annex VI, and the associated evaluations carried out pursuant to this Article to the Commission and to the other Member States and shall publish this information and other national indicators or quantifiable objectives referred to in paragraph 4 on the websites referred to in Article 27(2). 4. indicators specified in Annex VI and the data specified in Annex II, Member States may additionally continue to use existing, or to develop additional, national indicators or quantifiable objectives, and other data collected at a national or regional level, including future data on the use of plant protection products, that relates to the indicators and targets referred to in paragraphs 1 and 2.shall evaluate Evaluations of the harmonised specify the crops or situations and Member States shall communicate Further to harmonised risk
2023/04/05
Committee: ENVI
Amendment 2692 #

2022/0196(COD)

Proposal for a regulation
Article 37 – paragraph 1
By … [OP: please insert the date = the first day of the month following six monthtwo years after the date of entry into force of this Regulation], each Member State shall inform the Commission of the competent authorities designated in accordance with this Regulation.
2023/04/05
Committee: ENVI
Amendment 2737 #

2022/0196(COD)

Proposal for a regulation
Article 45 – paragraph 2
It shall apply from … [OP: please insert the date = the first day of the month following 24 months after the date of entry into force of this Regulation].
2023/04/05
Committee: ENVI
Amendment 2745 #

2022/0196(COD)

Proposal for a regulation
Annex I – subheading 1
METHODOLOGY FOR CALCULATING PROGRESS TOWARDS ACHIEVING THE TWO UNION AND TWO NATIONAL 2030 REDUCTION TARGETS
2023/04/05
Committee: ENVI
Amendment 2748 #

2022/0196(COD)

Proposal for a regulation
Annex I – paragraph 1 – introductory part
This Regulation is the instrument used to achieve the pesticide reduction targets contained in the Farm to Fork Strategy by requiring each Member State to contribute to achieving by 2030 a 50 % Union-wide reduction of both the use and risk of chemical plant protection products (‘Union 2030 reduction target 1’) and the use of more hazardous plant protection products (‘Union 2030 reduction target 2’). This Regulation also regulates the contribution of each Member State to these Union targets. Each Member State contribution, set in the form of a national target, to Union 2030 reduction target 1 is referred to as a ‘national 2030 reduction target 1’, while a Member State contribution to Union 2030 reduction target 2 is referred to as a ‘national 2030 reduction target 2’. The methodology for calculating progress towards achieving these targets is set out below:
2023/04/05
Committee: ENVI
Amendment 2760 #

2022/0196(COD)

Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – subheading 1
National 2030 reduction target 1: mMethodology for estimating progress towards the reduction in use and risk of chemical plant protection products
2023/04/05
Committee: ENVI
Amendment 2762 #

2022/0196(COD)

Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 1
1. The methodology shall be based on statistics on the quantities of chemical active substances placed on the market in plant protection products under Regulation (EC) No 1107/2009, provided to the Commission (Eurostat) under Annex I to Regulation (EC) No 1185/2009 of the European Parliament and of the Council91 and the Utilized Agricultural Area (UAA) under Regulation (EC) 2018/1091 of the European Parliament and of the Council of 18 July 2018 on integrated farm statistics and repealing Regulations (EC) No 1166/2008 and (EU) No 1337/2011, Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides (OJ L 324, 10.12.2009, p. 1). __________________ 91 Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides (OJ L 324, 10.12.2009, p. 1).
2023/04/05
Committee: ENVI
Amendment 2778 #

2022/0196(COD)

Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 3 – paragraph 1
Progress towards achieving reduction target 1 shall be calculated by multiplying the annual quantities of active substances in plant protection products placed on the market for each group in the Table in this Annex by the relevant hazard weighting set out in row (iii), followed by the aggregation of the results of these calculations and divided by the utilized agricultural area (UAA) (iv.).
2023/04/05
Committee: ENVI
Amendment 2803 #

2022/0196(COD)

Proposal for a regulation
Annex I – paragraph 1 – subparagraph 2
SECTION 2 National reduction reduction target 2: methodology for estimating progress towards reduction in the use the more hazardous plant protection products 1. statistics on the quantities of active substances placed on the market in plant protection products under Regulation (EC) No 1107/2009, provided to the Commission under Annex I to Regulation (EC) No 1185/2009. 2. 2 shall be calculated by adding together the annual quantities of chemical active substances contained in more hazardous plant protection products placed on the mdeleted The methodology shall be based on Progress towards achieving tarkget each year. 3. shall be set at 100, and is equal to the average result of the above calculation for the period 2015-2017. 4. reduction target 2 shall be expressed by reference to the baseline. 5. progress towards achieving reduction target 2 in accordance with Article 34(2) of this Regulation for each calendar year and at the latest 20 months after the end of the year for which progress towards reduction target 2 is beingThe baseline for reduction target 2 Progress towards achieving The Commission shall calculated.
2023/04/05
Committee: ENVI
Amendment 2818 #

2022/0196(COD)

Proposal for a regulation
Annex II – Part 1
1 1. the trends in a Member State’s progress towards achieving the two national 2030 reduction targets referred to in Article 10(2), point (a); 2. indicated in Article 9(2), point (a), Article 9(3), point (a) and Article 9(4).deleted all other national indicative targets
2023/04/05
Committee: ENVI
Amendment 2825 #

2022/0196(COD)

Proposal for a regulation
Annex II – Part 2 – paragraph 1 – point 1
1. the percentagenumber of professional users controlled for integrated pest management implementation;
2023/04/05
Committee: ENVI
Amendment 2826 #

2022/0196(COD)

Proposal for a regulation
Annex II – Part 2 – paragraph 1 – point 2
2. the percentagenumber of professional users failing to comply with the obligation to keep electronic records on integrated pest management implementation;
2023/04/05
Committee: ENVI
Amendment 2829 #

2022/0196(COD)

Proposal for a regulation
Annex II – Part 2 – paragraph 1 – point 3
3. the percentagenumber of professional users that failed to comply with the obligation to keep pesticide use data electronically;
2023/04/05
Committee: ENVI
Amendment 2834 #

2022/0196(COD)

Proposal for a regulation
Annex II – Part 2 – paragraph 1 – point 8
8. the estimated quantities of illegal plant protection products used and the quantities of illegal plant protection products detected;
2023/04/05
Committee: ENVI
Amendment 2837 #

2022/0196(COD)

Proposal for a regulation
Annex II – Part 2 – paragraph 2 – point 10
10. the percentagenumber of professional users, advisors and distributors trained in the subjects listed in Annex III and holding a training certificate in accordance with Article 25 or who has a proof of entry in a central electronic register in accordance with Article 25(5), broken down by professional users, advisors and distributors;
2023/04/05
Committee: ENVI
Amendment 2840 #

2022/0196(COD)

Proposal for a regulation
Annex II – Part 2 – paragraph 2 – point 11
11. the percentage of professional users that failed to comply with the obligation to use independent advisory services at least once a year.deleted
2023/04/05
Committee: ENVI
Amendment 2854 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 1 – paragraph 3
Regulation (EU) No 528/2012 of the European Parliament and of the Council95 __________________ 95 Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1).deleted
2023/04/05
Committee: ENVI
Amendment 2855 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 1 – paragraph 4
Regulation (EC) No 1185/2009 of the European Parliament and of the Council96 __________________ 96 Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides (OJ L 324, 10.12.2009, p. 1).deleted
2023/04/05
Committee: ENVI
Amendment 2856 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 1 – paragraph 5
Regulation EC No 1272/2008 of the European Parliament and of the Council97 __________________ 97 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).deleted
2023/04/05
Committee: ENVI
Amendment 2857 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 1 – paragraph 7
Regulation (EU) 2021/2115 of the European Parliament and of the Council99 __________________ 99 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 OJ L 435, 6.12.2021, p. 1).deleted
2023/04/05
Committee: ENVI
Amendment 2858 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 1 – paragraph 8
Directive 2006/42/EC of the European Parliament and of the Council100 __________________ 100 Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (OJ L 157, 9.6.2006, p. 24).deleted
2023/04/05
Committee: ENVI
Amendment 2859 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 1 – paragraph 9
Directive 2009/127/EC of the European Parliament and of the Council101 __________________ 101 Directive 2009/127/EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2006/42/EC with regard to machinery for pesticide application (OJ L 310, 25.11.2009, p. 29).deleted
2023/04/05
Committee: ENVI
Amendment 2860 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 1 – paragraph 10
Directive 2000/60/EC of the European Parliament and of the Council102 __________________ 102 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).deleted
2023/04/05
Committee: ENVI
Amendment 2861 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 1 – paragraph 11
Council Directive 89/391/EEC103 __________________ 103 Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).deleted
2023/04/05
Committee: ENVI
Amendment 2862 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 1 – paragraph 12
Council Directive 89/656/EEC104 __________________ 104 Council Directive 89/656/EEC of 30 November 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace (third individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (OJ L 393, 30.12.1989, p. 18).deleted
2023/04/05
Committee: ENVI
Amendment 2863 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 1 – paragraph 14
Directive 2004/37/EC of the European Parliament and of the Council106 __________________ 106 Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to their exposure to carcinogens or mutagens at work (OJ L 158, 30.4.2004, p. 50).deleted
2023/04/05
Committee: ENVI
Amendment 2864 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 1 – paragraph 15
Directive 2009/104/EC of the European Parliament and of the Council107 __________________ 107 Directive 2009/104/EC of the European Parliament and of the Council of 16 September 2009 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 260, 3.10.2009, p. 5).deleted
2023/04/05
Committee: ENVI
Amendment 2865 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 1 – paragraph 16
Regulation (EC) No 1907/2006 of the European Parliament and of the Council108 __________________ 108 Regulation (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 (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).deleted
2023/04/05
Committee: ENVI
Amendment 2866 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 1 – paragraph 17
Directive 2008/68/EC of the European Parliament and of the Council109 __________________ 109 Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13).deleted
2023/04/05
Committee: ENVI
Amendment 2867 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 3 – introductory part
3. The hazards of and risks associated with improper use of plant protection products, and how to identify and control them, including the following subjects:
2023/04/05
Committee: ENVI
Amendment 2869 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 3 – point a
(a) potential risks to human health;
2023/04/05
Committee: ENVI
Amendment 2870 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 3 – point b
(b) symptoms of plant protection product poisoning and appropriate first aid measures in case of such poisoning;
2023/04/05
Committee: ENVI
Amendment 2871 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 3 – point c
(c) potential risks to non-target plants and insects, wildlife, biodiversity and the environment in general.
2023/04/05
Committee: ENVI
Amendment 2872 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 4
4. IWhen relevant: integrated pest management strategies and techniques, integrated crop management strategies and techniques, organic farming principles, biological pest control methods, harmful organism control methods, the obligation to apply integrated pest management as set out in Articles 12 and 13 of this Regulation, and the obligation to enter records in the electronic integrated pest management and plant protection product use register, as set out in Article 14 of this Regulation.
2023/04/05
Committee: ENVI
Amendment 2875 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 5
5. When plant protection products are needed, how to choose the plant protection products with the least sidtaking into consideration possible effects on human health, non- target organisms and the environment among all authorised products for a given pest problem, in a given situation.
2023/04/05
Committee: ENVI
Amendment 2877 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 6 – introductory part
6. Measures to minimise potential risks to humans, non-target organisms and the environment, including:
2023/04/05
Committee: ENVI
Amendment 2879 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 7
7. Procedures for preparing application equipment for operation, including its calibration, with minimum potential risks to the user, other persons, non-target animal and plant species, biodiversity and the environment, including water resources.
2023/04/05
Committee: ENVI
Amendment 2880 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 8
8. Practical training on the use of application equipment and its maintenance, and on risk mitigation measures including specific spraying techniques, use of new technology including precision farming techniques, as well as the technical check of sprayers in use and ways to improve spray quality. In this subject special attention shall be paid to the drift-reduction nozzles and the recommendations made by the manufacturers concerning optimal conditions of their use. Specific potential risks linked to use of handheld application equipment or knapsack sprayers and the relevant risk management measures. Practical training shall also cover the specific risks linked to the sowing of seeds treated with plant protection products.
2023/04/05
Committee: ENVI
Amendment 2881 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 11
11. Facilities providing health monitoring and access to health care to which information on acute and chronic poisoning incidents can be reported..deleted
2023/04/05
Committee: ENVI
Amendment 2882 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 13
13. How to minimise or eliminate applications of certain plant protection products classified as “harmful to aquatic life with long lasting effects”, “very toxic to aquatic life with long lasting effects” or “toxic to aquatic life with long lasting effects” pursuant to Regulation (EC) 1272/2008 on or along roads, railway lines, very permeable surfaces or other infrastructure close to surface water or groundwater or on sealed surfaces with a high risk of run-off into surface water or sewage systems.deleted
2023/04/05
Committee: ENVI
Amendment 2883 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 14 – point a – paragraph 1
the use of plant protection products in accordance with the restrictions indicated on the label in accordance with Article 31, point (4)(a) of Regulation (EC) No 1107/2009, while giving preference to plant protection products that are not classified as “(very) persistent”, “(very) bioaccumulative”,deleted
2023/04/05
Committee: ENVI
Amendment 2884 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 14 – point a – paragraph 2
“very toxic to aquatic life with long lasting effects”, “toxic to aquatic life with long lasting effects” or “harmful to aquatic life with long lasting effects” pursuant to Regulation (EC) No 1272/2008110 or containing priority substances included in the list adopted by the Commission in accordance with Article 16 of Directive 2000/60/EC implemented via Directives 2008/105/EC and 2013/39/EU, or pesticides having been identified as river basin specific pollutants under Annex V, point 1.2.6 of Directive 2000/60/EC, in particular those affecting water used for the abstraction of drinking water in accordance with Article 7 of Directive 2000/60/EC and Directive (EU) 2020/2184; __________________ 110 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).deleted
2023/04/05
Committee: ENVI
Amendment 2885 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 14 – point d
(d) use of other mitigation measures which minimise the potential risk of off- site pollution caused by spray drift, drain- flow and run-off, including in particular mandatory buffer zones adjacent to surface waters courses and groundwater and aquifers;
2023/04/05
Committee: ENVI
Amendment 2886 #

2022/0196(COD)

Proposal for a regulation
Annex III – point 14 – point e
(e) how to comply with restrictions set out in Regulation (EC) 1107/2009 for minimising or substituting uses of the plant protection products classified as “harmful to aquatic life with long lasting effects”, “very toxic to aquatic life with long lasting effects” or “toxic to aquatic life with long lasting effects” pursuant to Regulation (EC) No 1272/2008, on or along roads, railway lines, very permeable surfaces or other infrastructure close to surface water or groundwater or on sealed surfaces with a high risk of run-off into surface water or sewage systems.deleted
2023/04/05
Committee: ENVI
Amendment 2889 #

2022/0196(COD)

Proposal for a regulation
Annex IV – paragraph 2
The application equipment in professional use shall function reliably and be used only in accordance with its manual of operation for its intended purpose ensuring that plant protection products can be accurately applied in line with good agricultural practice (GAP) as defined in Article 3(2), point (a), of Regulation (EC) 396/2005 of the European Parliament and the Council111 . __________________ 111 Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1).
2023/04/05
Committee: ENVI
Amendment 2890 #

2022/0196(COD)

Proposal for a regulation
Annex IV – paragraph 3
The equipment shall be in such a condition to allow it to be filled and emptied safely, easily and completely and to prevent any leakage of either spray solution or concentrated product. It shall permit easy and thorough cleaning. It shall also allow for safe operation, and be capable of being immediately stopped from the position of the operator. It shall be simple to perform any necessary adjustments. Such adjustments shall be accurate and capable of being reproduced.
2023/04/05
Committee: ENVI
Amendment 2891 #

2022/0196(COD)

Proposal for a regulation
Annex IV – paragraph 4 – Part 4 – paragraph 1
Agitation or mixing devices shall ensure a proper recirculation in order to achieve an even concentration of the whole volume of the liquid spray mixture in the tank.
2023/04/05
Committee: ENVI
Amendment 2893 #

2022/0196(COD)

Proposal for a regulation
Annex IV – paragraph 4 – Part 6 – paragraph 1
All devices for measuring, switching on and off and adjusting pressure or flow rate shall be properly calibrated and work correctly. The controls to be operated during the application operation shall be operable from the operator’s position, the necessary instruments to control the operation shall be present and accurate and the instrument displays shall be readable from the operator’s position. For equipment to apply liquid products, pressure adjustment devices shall maintain a constant working pressure at constant revolutions of the pump, in order to ensure that a stable volume application rate is applied. Additional equipment to dose or inject plant protection products shall function accurately and correctly.
2023/04/05
Committee: ENVI
Amendment 138 #

2022/0104(COD)

Proposal for a directive
Recital 2
(2) The European Green Deal announced a revision of Union measures to address pollution from large industrial installations, including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate, energy and circular economy policies. In addition, the Zero Pollution Action Plan, the Circular Economy Action Plan and the Farm to Fork Strategy also call for reducing pollutant emissions at source, including sources not currently within the scope of Directive 2010/75/EU of the European Parliament and of the Council69 . Addressing pollution from certain agro- industrial activities thus requires their inclusion within the scope of that Directive. __________________ 69 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control); OJ L 334, 17.12.2010, p. 17-119.
2022/12/14
Committee: ENVI
Amendment 160 #

2022/0104(COD)

Proposal for a directive
Recital 4
(4) Rearing of pigs, poultry and cattle cause significant, while contributing to food security, cause pollutant emissions into the air and water. In order to reduce such pollutant emissions, including ammonia, methane, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, it is necessary to lower the threshold above which pigs and poultry installations are included within the scope of Directive 2010/75/EU and to include also cattle farming within that scope. Relevant BAT requirements take into consideration the nature, size, density, design like free- ventilated stables, trade-offs with animal welfare and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, and the range of environmental impacts they may have. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices.
2022/12/14
Committee: ENVI
Amendment 234 #

2022/0104(COD)

Proposal for a directive
Recital 29
(29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, while not affecting sustainable European farming, based on the principles of respecting animal welfare, healthy and sustainable food production and promotion of small-scale and family farming, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to rearing of poultry, pigs and cattle, and to amend Annexes I and Ia to that Directive by adding an agro-industrial activity to ensure that it meets its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment and pigs. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201677 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 77 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making; OJ L 123, 12.5.2016, p. 1–14.
2022/12/14
Committee: ENVI
Amendment 240 #

2022/0104(COD)

Proposal for a directive
Recital 29
(29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to rearing of poultry, pigs and cattle, and to amend Annexes I and Ia to that Directive by adding an agro-industriicultural activity to ensure that it meets its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201677 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 77 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making; OJ L 123, 12.5.2016, p. 1–14.
2022/12/14
Committee: ENVI
Amendment 279 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Directive 2010/75/EU
Article 3 – paragraph 1 – point 3
(3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I, in Annex Ia or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions and pollution;;
2022/12/14
Committee: ENVI
Amendment 281 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a a (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 3 a (new)
(aa) in Article 3, paragraph 1, point 3a (new) is added: 3a. ‘existing installation’ means an installation first permitted before the [date of entry into force of this Directive]
2022/12/14
Committee: ENVI
Amendment 282 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a b (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 3 b (new)
(ab) In Article 3, paragraph 1, point 3b (new) is inserted: 3b. 'Major accident' is an accident within the meaning of the Article 3 (13) of the Directive 2012/18/EU of the European Parliament and of the Council;
2022/12/14
Committee: ENVI
Amendment 343 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 c
(23c) ‘livestock unit’ or ‘LSU’ means the grazing equivalent of one adult dairy cow producing 3 000 kg of milk annually, without additional concentrated foodstuffs, which is used to express the size of farms rearing different categories of animals, using the conversion rates, with reference to actual production within the calendar year, set out in Annex II to Commission Implementing Regulation (EU) No 808/2014**’. ** Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 227 31.7.2014, p. 18).deleted
2022/12/14
Committee: ENVI
Amendment 412 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2010/75/EU
Article 4 – paragraph 1 – subparagraph 2
‘By way of derogation from the first subparagraph, Member States mayust set a procedure for the registration of installations covered only by Chapter V or Chapter VIa., which shall consist of a notification. The registration procedure shall apply notably to installations using free-range, pasture-based or grazing techniques or in stables with natural ventilation.
2022/12/20
Committee: ENVI
Amendment 417 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2010/75/EU
Article 4 – paragraph 1 – subparagraph 2
By way of derogation from the first subparagraph, Member States may set a procedure for the registration of installations covered only by Chapter V or Chapter VIa.’.
2022/12/20
Committee: ENVI
Amendment 454 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 7 – title
Incidents and accidentsMajor accidents (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2022/12/20
Committee: ENVI
Amendment 455 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 7 – paragraph 1
Without prejudice to Directive 2004/35/EC of the European Parliament and of the Council*, in the event of any incident or accidentmajor accident within the meaning of the Article 3 (13)of the Directive 2012/18/EU of the European Parliament and of the Council, significantly affecting human health or the environment, Member States shall take the necessary measures to ensure that::
2022/12/20
Committee: ENVI
Amendment 494 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2010/75/EU
Article 9 – paragraph 2
(7) In Article 9, paragraph (2) is deleted.
2022/12/20
Committee: ENVI
Amendment 602 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2 – subparagraph 2
Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, and representatives of non-governmental organisations promoting the protection of human health or the environment. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes..
2022/12/20
Committee: ENVI
Amendment 637 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point d (new)
Directive 2010/75/EU
Article 13 – paragraph 5
5. Decisions on the BAT conclusionsParagraph 5 is amended as follows: 5. Decisions on the BAT conclusions, accompanied by the formal impact assessment, shall be adopted in accordance with the regulatory procedure referred to in Article 75(2). (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-20110106)Or. en
2022/12/20
Committee: ENVI
Amendment 646 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point i
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 1
Member States shall ensure that the permit includes all measures necessary to comply with the requirements of Articles 11 and 18. To that effect, Member States shall ensure that permits are granted further to consultnotification tof all relevant authorities who ensure compliance with Union environmental legislation, including with environmental quality standards.;
2022/12/20
Committee: ENVI
Amendment 766 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
After article 14a – paragraph 3
3. The EMS of an installation shall be made available on the Internet, and free of charge and without restricting access tofor registered users.
2022/12/19
Committee: ENVI
Amendment 809 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 – subparagraph 1 – introductory part
The competent authority shall set the strictest possible emission limit values that are consistent with the lowest emissions achievable by applying BAT in the installationwould not lead to disproportionately higher costs compared to the environmental benefits, and that ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques (BAT- AELs) as laid down in the decisions on BAT conclusions referred to in Article 13(5). The emission limit values shall be based on an assessment by the operator analysing the feasibility of meeting the strictest endemission limit values of the BAT-AEL range and demonstrating the best performance the installation can achieve by applying BAT as described in BAT conclusions. The emission limit values shall be set through either of the following:
2022/12/19
Committee: ENVI
Amendment 840 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3a a (new)
3aa. By way of derogation from paragraph 3 the competent authority shall set emission limit values for existing installations that ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques as laid down in the decisions on BAT conclusions referred to in Article 13(5) through either of the following: (a) setting emission limit values that do not exceed the emission levels associated with the best available techniques. Those emission limit values shall be expressed for the same or shorter periods of time and under the same reference conditions as those emission levels associated with the best available techniques; or (b) setting different emission limit values than those referred to under point (a) in terms of values, periods of time and reference conditions. Where point (b) is applied, the competent authority shall, at least annually, asses the results of emission monitoring in order to ensure that emissions under normal operating conditions have not exceeded the emission levels associated with the best available techniques.
2022/12/19
Committee: ENVI
Amendment 942 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15
Directive 2010/75/EU
Article 18 – paragraph 1
Where an environmental quality standard requires stricter conditions than those achievable by the use of the best available techniques, additional and proportionate measures shall be included in the permit with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area.
2022/12/19
Committee: ENVI
Amendment 1239 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70a – paragraph 1
This Chapter shall apply to the activities set out in Annex Ia which reach the capacity thresholds set out in that Annex, paragraph 2, points 6.4 and 6.5 and to the intensive rearing of poultry and pigs: (a) with more than 40 000 places for poultry, (b) with more than 2 000 places for production pigs (over 30 kg), or (c) with more than 750 places for sows.
2022/12/20
Committee: ENVI
Amendment 1246 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70a – paragraph 1
This Chapter shall apply to the activities set out in Annex Ia which reach the capacity thresholds set out in that Annex. intensive rearing of poultry and pigs: (a) with more than 40000 places for poultry, (b) with more than 2000 places for production pigs (over 30 kg), or (c) with more than 750 places for sows.
2022/12/20
Committee: ENVI
Amendment 1250 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b
Article 70b Aggregation rule If two or more installations are located close to each other and if their operator is the same or if the installations are under the control of operators who are engaged in an economic or legal relationship, the installations concerned shall be considered as a single unit for the purpose of calculating the capacity threshold referred to in Article 70a.deleted
2022/12/20
Committee: ENVI
Amendment 1253 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b – title
Aggregation ruledeleted
2022/12/20
Committee: ENVI
Amendment 1258 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b – paragraph 1
If two or more installations are located close to each other and if their operator is the same or if the installations are under the control of operators who are engaged in an economic or legal relationship, the installations concerned shall be considered as a single unit for the purpose of calculating the capacity threshold referred to in Article 70a.deleted
2022/12/20
Committee: ENVI
Amendment 1275 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Member States shall take the necessary measures to ensure that no installation falling within the scope of this Chapter is operated without a permit and that its operation complies with the operating rules referred to in Article 70i. In case of stables on family farms or free-ventilated stables or pasture, permits are not needed.
2022/12/20
Committee: ENVI
Amendment 1282 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 1 a (new)
1a. By way of derogation from paragraph 1 of this Article, Member States may provide for a specific procedure for the registration of farms rearing animals covered in this Chapter. The procedure for registration referred to in the first subparagraph shall be laid down in a binding act and include at least a requirement for a notification to the competent authority by the farmer of the intention to operate its activity. Member States shall use any similar pre-existing procedure for the registration in order to avoid creating an administrative burden.
2022/12/20
Committee: ENVI
Amendment 1288 #
2022/12/20
Committee: ENVI
Amendment 1295 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point e
(e) the nature and quantities of foreseeable emissions from the installation into each mediumbuilding where the rearing takes place, into each medium under normal operating conditions.
2022/12/20
Committee: ENVI
Amendment 1306 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 3
3. Applications shall also include a non-technical summary of the information referred to in paragraph 2.deleted
2022/12/20
Committee: ENVI
Amendment 1311 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 4
4. Member States shall take necessary measures to ensure that the operator informs the competent authority, without delay, of any planned substantial change to the installations falling within the scope of this Chapter which may have consequences for the environment. Where appropriate, the competent authority shall reconsider and update the permit. Competent authorities shall establish a simplified procedure applicable to applications under Article 4(2) of this directive.
2022/12/20
Committee: ENVI
Amendment 1313 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 4
4. Member States shall take necessary measures to ensure that the operatofarmer informs the competent authority, without delay, of any planned substantial change to the installationsfarm and farm buildings where the rearing takes place, falling within the scope of this Chapter which may have consequences for the environment. Where appropriate, the competent authority shall reconsider and update the permit.
2022/12/20
Committee: ENVI
Amendment 1322 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 1 – subparagraph 1
Member States shall ensure that the operator carries out monitoring of emissions and of associated environmental performance levels in accordance with the operating rules referred to in Article 70i.deleted
2022/12/20
Committee: ENVI
Amendment 1323 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 1– subparagraph 2
The operator shall keep a record of, and process, all monitoring results, for a period of at least 6 years, in such a way as to enable the verification of compliance with the emission limit values and environmental performance limit values set out in operating rules referred to in Article 70i.deleted
2022/12/20
Committee: ENVI
Amendment 1325 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 2
2. In the event of non-compliance with the emission limit values and environmental performance limit values set out in the operating rules referred to in Article 70i, Member States shall require that the operator takes the measures necessary to ensure that compliance is restored within the shortest possible time.deleted
2022/12/20
Committee: ENVI
Amendment 1329 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 3
3. The operator shall ensure that any land spreading of waste, animal by- products or other residues generated by the installation is undertaken in accordance with the best available techniques, as specified in the operating rules referred to in Article 70i, and other relevant Union legislation and that it does not cause significant pollution of the environment.deleted
2022/12/20
Committee: ENVI
Amendment 1336 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70e – paragraph 3
3. The operator shall, without delay, make available the data and information listed in paragraph 2 of this Article to the competent authority upon request. The competent authority may make such a request in order to verify compliance with the operating rules referred to in Article 70i. The competent authority shall make such a request if a member of the public requests access to the data or information listed in paragraph 2 of this Article.
2022/12/20
Committee: ENVI
Amendment 1346 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70f – paragraph 3 – subparagraph 2
Where non-compliance causes a significant degradation of local air, water or soil conditions, or where it poses, or risks to pose, a significant danger to human health, the operation of the installation shall be suspended by the competent authoritycompetent authority may undertake relevant measures to prompt early compliance, including, when possible, suspending the operation of the installation until compliance is restored.
2022/12/20
Committee: ENVI
Amendment 1354 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70g – paragraph 1 – introductory part
1. Member States shall ensure that the public concerndirectly affected are given early and effective opportunities to participate in the following procedures:
2022/12/20
Committee: ENVI
Amendment 1358 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70g – paragraph 1 – point a
(a) preparation of general binding rules as referred to in Article 6 on permits for installations falling within the scope of this Chapter;deleted
2022/12/20
Committee: ENVI
Amendment 1366 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70g – paragraph 2 – introductory part
2. The competent authority shall make available to the public, including systematically directly affected, including via the Internet, and free of charge and without restricting access to registered users, the following documents and information:
2022/12/20
Committee: ENVI
Amendment 1373 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70h – paragraph 1 – subparagraph 1 – introductory part
Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned directly affected by the matter at stake have access to a review procedure before a court of law, or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to this Chapter when one of the following conditions is met:
2022/12/20
Committee: ENVI
Amendment 1378 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70h – paragraph 1 – subparagraph 1 – point a
(a) they have a sufficiendirect interest;
2022/12/20
Committee: ENVI
Amendment 1392 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – introductory part
The Commission shall establish operating rules containing requirements consistent with the use of best available techniques for the activities listed in Annex Ireferred to in Article 70a, which shall include the following:
2022/12/20
Committee: ENVI
Amendment 1417 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 2a (new)
The operating rules take into account the existence of emerging techniques in the livestock sector. They specify the conditions under which the competent authority may grant a permit to an installation using these emerging techniques.
2022/12/20
Committee: ENVI
Amendment 1463 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2 – subparagraph 1 – introductory part
2. In order to allow the provisions of this Directive to meet its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment, the Commission shall be empowered to adopt a delegated act, in accordance with Article 76, to amend Annex I or Annex Ia by including in those Annexes an agro- industriicultural activity that meets the following criteria:
2022/12/20
Committee: ENVI
Amendment 1542 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 2
2. Member States shall ensure that, as part of the public concerned, non- governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law are allowed to represent the individuals affected and bring collective actions for compensation. Member States shall ensure that a claim for a violation leading to a damage cannot be pursued twice, by the individuals affected and by the non- governmental organisations referred to in this paragraph.deleted
2022/12/21
Committee: ENVI
Amendment 1558 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4
4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from which a causality link may be presumed between the damage and the violation, Member States shall ensure that the onus is on the person responsible for the violation to prove that the violation did not cause or contribute to the damage. This shall not apply to violation related to activities referred to in Article 70a.
2022/12/21
Committee: ENVI
Amendment 1582 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 35 a (new)
Directive 2010/75/EU
Annexe V – part 4 – paragraph 2a (new)
(35a) in annex V, Part 4, paragraph 2a (new) is added as following: 2a. For all combustion plants covered by Chapter III of this Directive compliance with the relevant BAT conclusions adopted pursuant to the Article 13 of this Directive will be regarded as the compliance with emission limit values.
2022/12/21
Committee: ENVI
Amendment 1618 #

2022/0104(COD)

Proposal for a directive
Annex I – paragraph 1 – point d
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 3 – point 3.5 – point b
(b) a kiln capacity exceeding 4 m3 and a setting density per kiln exceeding 300 kg/m3;deleted
2022/12/21
Committee: ENVI
Amendment 1635 #

2022/0104(COD)

Proposal for a directive
Annex I – paragraph 1 – point g
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 5 – point 5.3 – point a – indent i
(i) biological treatment (such as anaerobic digestion, except for manure);
2022/12/21
Committee: ENVI
Amendment 1654 #

2022/0104(COD)

Proposal for a directive
Annex II
Directive 2010/75/EU
ANNEX Ia – number
ANNEX Iadeleted
2022/12/21
Committee: ENVI
Amendment 1655 #

2022/0104(COD)

Proposal for a directive
Annex II
Directive 2010/75/EU
ANNEX Ia – title
Activities referred to in Article 70adeleted
2022/12/21
Committee: ENVI
Amendment 1660 #

2022/0104(COD)

Proposal for a directive
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 1
1. Rearing of cattle, pigs or poultry in installations of 150 livestock units (LSU) or more.deleted
2022/12/21
Committee: ENVI
Amendment 1678 #

2022/0104(COD)

Proposal for a directive
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 2
2. Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 150 LSU or more. The approximate equivalent in LSU is based on the conversion rates established in Annex II to Commission Implementing Regulation (EU) No 808/2014*. __________ * Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (OJ L 227, 31.07.2014, p.18).deleted
2022/12/21
Committee: ENVI
Amendment 1681 #

2022/0104(COD)

Proposal for a directive
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 2
Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 150 LSU or more.deleted
2022/12/21
Committee: ENVI
Amendment 1700 #

2022/0104(COD)

Proposal for a directive
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 3
The approximate equivalent in LSU is based on the conversion rates established in Annex II to Commission Implementing Regulation (EU) No 808/2014*.deleted
2022/12/21
Committee: ENVI
Amendment 101 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 109 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 112 #

2022/0047(COD)

Proposal for a regulation
Recital 6
(6) Data generation is the result of the actions of at least two actors, the designer or manufacturer of a product and the user of that product. It gives rise to questions of fairness in the digital economy, because the data recorded by such products or related services are an important input for aftermarket, ancillary and other services. In order to realise the important economic benefits of data as a non-rival good for the economy and society, a general approach to assigning access and usage rights on data is preferable to awarding exclusive rights of access and use. However, it is also important that data sharing based on voluntary agreements continues to develop in order to facilitate the development of data-driven value growth of European companies.
2022/11/14
Committee: ITRE
Amendment 113 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 113 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 118 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 120 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 126 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 128 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 132 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 134 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 138 #

2022/0047(COD)

Proposal for a regulation
Recital 15
(15) In contrast, certain products that are primarily designed to display or play content, or to record and transmit content, amongst others for the use by an online service should not be covered by this Regulation. Such products include, for example, personal computers, servers, tablets and smart phones, cameras, webcams, sound recording systems and text scanners. They require human input to produce various forms of content, such as text documents, sound files, video files, games, digital maps. Likewise defence related products as defined in Article 3(1) of Directive 2009/43 should not be covered by this Regulation.
2022/11/14
Committee: ITRE
Amendment 151 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 156 #

2022/0047(COD)

Proposal for a regulation
Recital 18
(18) The user of a product should be understood as the legal or natural person, such as a business or consumer or public sector body, which has purchased, rented or leased the product on other than short- term basis. Depending on the legal title under which he uses it, such a user bears the risks and enjoys the benefits of using the connected product and should enjoy also the access to the data it generates. The user should therefore be entitled to derive benefit from data generated by that product and any related service. An owner, renter or lessee should equally be considered as user, including when several entities can be considered as users. In the context of multiple users, each user may contribute in a different manner to the data generation and can have an interest in several forms of use.
2022/11/14
Committee: ITRE
Amendment 177 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 179 #

2022/0047(COD)

Proposal for a regulation
Recital 23
(23) Before concluding a contract for the purchase, rent, or lease of a product or the provision of a related service, clear and sufficient information should be provided to the user on how the data generated may be accessed. This obligation provides transparency over the data generated and enhances the easy access for the user. This obligation to provide information does not affect the obligation for the controller to provide information to the data subject pursuant to Article 12, 13 and 14 of Regulation 2016/679. The data holder cannot be expected to store the data indefinitely in view of the needs of the user of the product, but should however implement a reasonable data retention policy that allows for the effective application of the data access rights under this Regulation
2022/11/14
Committee: ITRE
Amendment 180 #

2022/0047(COD)

Proposal for a regulation
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
2022/11/16
Committee: IMCO
Amendment 193 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 209 #

2022/0047(COD)

Proposal for a regulation
Recital 29
(29) A third party to whom data is made available may be an enterprise, a research organisation or a not-for-profit organisation. In making the data available to the third party, the data holder nor the third party should not abuse its position to seek a competitive advantage in markets where the data holder and third party may be in direct competition. TNeither the data holder nor the third party should not therefore use any data generated by the use of the product or related service in order to derive insights about the economic situation of the data holder and third party or its assets or production methods or the use in any other way that could undermine the commercial position of the data holder or third party on the markets it is active on. Data intermediation services [as regulated by Regulation (EU) 2022/868] may support users or third parties in establishing a commercial relation for any lawful purpose on the basis of data of products in scope of this Regulation e.g. by acting on behalf of a user. They could play an instrumental role in aggregating access to data from a large number of individual users so that big data analyses or machine learning can be facilitated, as long as such users remain in full control on whether to contribute their data to such aggregation and the commercial terms under which their data will be used.
2022/11/14
Committee: ITRE
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.
2022/11/17
Committee: LIBE
Amendment 218 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 222 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 223 #

2022/0047(COD)

Proposal for a regulation
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
2022/11/16
Committee: IMCO
Amendment 226 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 236 #

2022/0047(COD)

Proposal for a regulation
Recital 37
(37) GThis Regulation does not prevent micro and small enterprises to participate in the data sharing practices, however given the current state of technology, it is overly burdensome to impose further design obligations in relation to products manufactured or designed and related services provided by micro and small enterprises. That is not the case, however, wWhere a micro or small enterprise is sub- contracted to manufacture or design a product. In such situations, the enterprise, which has sub-contracted to the micro or small enterprise, is able to compensate the sub-contractor appropriately. A micro or small enterprise may nevertheless be subject to the requirements laid down by this Regulation as data holder, where it is not the manufacturer of the product or a provider of related services. In order to increase the participation of micro and small enterprises in the data economy, Member States should provide digital training and guidance to such enterprises.
2022/11/14
Committee: ITRE
Amendment 241 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/16
Committee: IMCO
Amendment 242 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 246 #

2022/0047(COD)

Proposal for a regulation
Recital 41
(41) Any agreement concluded in business-to-business relations for making the data available should not discriminate between comparable categories of data recipients, independently whether they are large companies or micro, small or medium-sized enterprises. In order to compensate for the lack of information on the conditions of different contracts, which makes it difficult for the data recipient to assess if the terms for making the data available are non- discriminatory, it should be on the data holder to demonstrate that a contractual term is not discriminatory. It is not unlawful discrimination, where a data holder uses different contractual terms for making data available or different compensation, if those differences are justified by objective reasons. These obligations are without prejudice to Regulation (EU) 2016/679.
2022/11/14
Committee: ITRE
Amendment 253 #

2022/0047(COD)

Proposal for a regulation
Recital 42 a (new)
(42 a) Such reasonable compensation may include firstly the costs incurred and investment required for making the data available. These costs can be technical costs, such as the costs necessary for data reproduction, dissemination via electronic means and storage, but not of data collection or production. Such technical costs could include also the costs for processing, necessary to make data available. Costs related to making the data available may also include the costs of organising answers to concrete data sharing requests. They may also vary depending on the arrangements taken for making the data available. Long-term arrangements between data holders and data recipients, for instance via a subscription model or the use of smart contracts, could reduce the costs in regular or repetitive transactions in a business relationship. Costs related to making data available are either specific to a particular request or shared with other requests. In the latter case, a single data recipient should not pay the full costs of making the data available. Reasonable compensation may include secondly a margin. Such margin may vary depending on factors related to the data itself, such as volume, format or nature of the data, or on the supply of and demand for the data. It may consider the costs for collecting the data. The margin may therefore decrease where the data holder has collected the data for its own business without significant investments or may increase where the investments in the data collection for the purposes of the data holder’s business are high. The margin may also depend on the follow-on use of the data by the data recipient. It may be limited or even excluded in situations where the use of the data by the data recipient does not affect the own activities of the data holder. The fact that the data is co-generated by the user could also lower the amount of the compensation in comparison to other situations where the data are generated exclusively by the data holder.
2022/11/14
Committee: ITRE
Amendment 255 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/16
Committee: IMCO
Amendment 255 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 259 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 264 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use are, by default, easily, securely and, where relevant and appropriate, directly accessible to the user, including the user with special needs.
2022/11/17
Committee: LIBE
Amendment 266 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 267 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 273 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
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.
2022/11/17
Committee: LIBE
Amendment 275 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 280 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 281 #

2022/0047(COD)

Proposal for a regulation
Recital 56
(56) In situations of exceptional need, it may be necessary for public sector bodies or Union institutions, agencies or bodies to use data held by an enterprise to respond to public emergencies or in other exceptional cases. Exceptional needs are circumstances which are unforeseeable and limited in time. Research-performing organisations and research-funding organisations could also be organised as public sector bodies or bodies governed by public law. To limit the burden on businesses, micro and small enterprises should be exempted from the obligation to provide public sector bodies and Union institutions, agencies or bodies data in situations of exceptional need.
2022/11/14
Committee: ITRE
Amendment 281 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 282 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use are, by default, easily, securely and, where relevant and appropriate, directly accessible to the user, including the user with special needs.
2022/11/16
Committee: IMCO
Amendment 285 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 286 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 286 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 290 #

2022/0047(COD)

Proposal for a regulation
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
2022/11/16
Committee: IMCO
Amendment 299 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 301 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 302 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point c b (new)
(cb) 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.
2022/11/16
Committee: IMCO
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.
2022/11/17
Committee: LIBE
Amendment 313 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 315 #

2022/0047(COD)

Proposal for a regulation
Recital 64
(64) Where it is strictly necessary to include personal data in the data made available to a public sector body or to a Union institution, agency or body the applicable rules on personal data protection should be complied with and the making available of the data and their subsequent use should and be accompanied by safeguards for the rights and interests of individuals concerned by those data. The body requesting the data should demonstrate the strict necessity and the specific and limited purposes for processing. The data holder should take reasonable efforts to anonymise the data or, where such anonymisation proves impossible, the data holder should apply technological means such as pseudonymisation and aggregation, prior to making the data available.deleted
2022/11/14
Committee: ITRE
Amendment 317 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 320 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 327 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 331 #

2022/0047(COD)

Proposal for a regulation
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
2022/11/14
Committee: ITRE
Amendment 338 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 341 #

2022/0047(COD)

Proposal for a regulation
Recital 80
(80) To promote the interoperability of smart contracts in data sharing applications, it is necessary to lay down essential requirements for smart contracts for professionals who create smart contracts for others or integrate such smart contracts in applications that support the implementation of agreements for sharing data. Specific training programmes on smart contracts for businesses, in particular SMEs, In order to facilitate the conformity of such smart contracts with those essential requirements, it is necessary to provide for a presumption of conformity for smart contracts that meet harmonised standards or parts thereof in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council.
2022/11/14
Committee: ITRE
Amendment 343 #

2022/0047(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, 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.
2022/11/17
Committee: LIBE
Amendment 350 #

2022/0047(COD)

Proposal for a regulation
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).
2022/11/17
Committee: LIBE
Amendment 360 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 372 #

2022/0047(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, 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.
2022/11/16
Committee: IMCO
Amendment 380 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 381 #

2022/0047(COD)

Proposal for a regulation
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
2022/11/17
Committee: LIBE
Amendment 382 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2 a (new)
(2 a) obtaining data is necessary for official statistics purposes;
2022/11/17
Committee: LIBE
Amendment 386 #

2022/0047(COD)

Proposal for a regulation
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).
2022/11/16
Committee: IMCO
Amendment 386 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 393 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 404 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 407 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 409 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 419 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 425 #

2022/0047(COD)

Proposal for a regulation
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
2022/11/16
Committee: IMCO
Amendment 426 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2 a (new)
(2a) obtaining data is necessary for official statistics purposes;
2022/11/16
Committee: IMCO
Amendment 428 #

2022/0047(COD)

Proposal for a regulation
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..
2022/11/16
Committee: IMCO
Amendment 431 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 432 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 435 #

2022/0047(COD)

Proposal for a regulation
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:
2022/11/17
Committee: LIBE
Amendment 436 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 437 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person who has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, or in the case of non-personalto make available certain data or can enable access to the data and through control of the technical design of the product and related services, the ability, to make available certainr means of access, in the case of non-personal data;.
2022/11/14
Committee: ITRE
Amendment 438 #

2022/0047(COD)

Proposal for a regulation
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:
2022/11/17
Committee: LIBE
Amendment 440 #

2022/0047(COD)

Proposal for a regulation
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:
2022/11/17
Committee: LIBE
Amendment 441 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 442 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 443 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 444 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 445 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 447 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
(7 a) ‘readily available data’ means data generated by the use of a product that the data holder obtains or can obtain without disproportionate effort, going beyond a simple operation;
2022/11/14
Committee: ITRE
Amendment 447 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 448 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 449 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 450 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/17
Committee: LIBE
Amendment 452 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 452 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 453 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation negativeto which normal measures for the maintenance of public safety, health and order, are plainly inadequate. such as public health emergencies, emergencies resulting from natural disasters, as well as human- induced major disasters, such as major cybersecurity incidents, negatively and suddenly affecting the population of the Union, a Member State or part of it, with a risk of serious and lasting repercussions on living conditions or economic stability, or the substantial and immediate degradation of economic assets in the Union or the relevant Member State(s) and which is determined and officially declared according to the respective procedures under Union or national law;
2022/11/14
Committee: ITRE
Amendment 453 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 459 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 463 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 464 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/16
Committee: IMCO
Amendment 466 #

2022/0047(COD)

Proposal for a regulation
Article 21 – paragraph 4 a (new)
4a. 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.
2022/11/16
Committee: IMCO
Amendment 469 #

2022/0047(COD)

Proposal for a regulation
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:
2022/11/16
Committee: IMCO
Amendment 472 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/17
Committee: LIBE
Amendment 475 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/16
Committee: IMCO
Amendment 479 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 490 #

2022/0047(COD)

Proposal for a regulation
Article 41 – paragraph 1 – point b a (new)
(b a) the exclusion of trade secrets in Article 4 (3) and Article 5 (8);
2022/11/17
Committee: LIBE
Amendment 495 #

2022/0047(COD)

Proposal for a regulation
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:
2022/11/11
Committee: IMCO
Amendment 498 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use are, by default, easily, securely and, where relevant and appropriate, directly accessible to the user, including the user with special needs.
2022/11/14
Committee: ITRE
Amendment 500 #

2022/0047(COD)

Proposal for a regulation
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:
2022/11/11
Committee: IMCO
Amendment 505 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 507 #

2022/0047(COD)

Proposal for a regulation
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
2022/11/14
Committee: ITRE
Amendment 507 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/11
Committee: IMCO
Amendment 510 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/11
Committee: IMCO
Amendment 515 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/11
Committee: IMCO
Amendment 526 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 527 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 531 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/11
Committee: IMCO
Amendment 542 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/11
Committee: IMCO
Amendment 549 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/11
Committee: IMCO
Amendment 555 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 556 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/11
Committee: IMCO
Amendment 564 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 566 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 568 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/11
Committee: IMCO
Amendment 575 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 578 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/11
Committee: IMCO
Amendment 588 #

2022/0047(COD)

Proposal for a regulation
Article 4 – paragraph 4
4. The user shall not use the data obtained pursuant to a request referred to in paragraph 1 to develop a product that competes with the product, or any part of it, from which the data originate and shall not use such data to derive insights about the economic situation, assets and production methods that could undermine the security of the product in a manner which is detrimental to the legitimate interests of the data holder.
2022/11/14
Committee: ITRE
Amendment 590 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/11
Committee: IMCO
Amendment 604 #

2022/0047(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. Upon request by a user, or by a party acting on behalf of a user, the data holder shall make available the data generated by the use of a product or related service to a third party, without undue delayhat are readily available to the data holder to a third party, without undue delay, easily, securely in machine- readable format, free of charge to the user, of the same quality as is available to the data holder and, where applicable, continuously and in real-time. subject to compliance with applicable laws to the outsourcing of data driven services. Data shall be provided in the form in which they have been generated by the product, with only the minimal adaptations necessary to make them useable by a third party, including related metadata necessary to interpret and use the data.
2022/11/14
Committee: ITRE
Amendment 615 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 624 #

2022/0047(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. The user or third party shall not be required to provide any information beyond what is necessary to verify the quality as user or as third party pursuant to paragraph 1. The data holder shall not keep any information on the third party’s access to the data requested beyond what is necessary for the sound execution of the third party’s access request and for the security and the maintenance of the data infrastructure. When giving access to trade secrets, the identity of the data recipient and the scope of data must be disclosed to the data holder for an evaluation of trade secret related risk.
2022/11/14
Committee: ITRE
Amendment 641 #

2022/0047(COD)

Proposal for a regulation
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 data holder shall therefore be entitled to implement technical or organizational measures, such as strict access protocols, to preserve the confidentiality of the shared data. The trade secret holder should have the possibility to refuse this sharing, when these guarantees are not ensured or respected ex-ante.
2022/11/14
Committee: ITRE
Amendment 643 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 648 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/11
Committee: IMCO
Amendment 651 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/11
Committee: IMCO
Amendment 654 #

2022/0047(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) use the data it receives for the profiling of natural persons within the meaning of Article 4(4) of Regulation (EU) 2016/679, unless it is necessary to provide the service requested by the user or the user agreed to it;
2022/11/14
Committee: ITRE
Amendment 669 #

2022/0047(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point f a (new)
(f a) use the data it receives to undermine the commercial and industrial position of the data holder on the primary market of the product;
2022/11/14
Committee: ITRE
Amendment 670 #

2022/0047(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point f b (new)
(f b) use the data it receives in a manner that adversely impacts the security of the product or related service(s)
2022/11/14
Committee: ITRE
Amendment 674 #

2022/0047(COD)

Proposal for a regulation
Article 6 – paragraph 2 a (new)
2 a. The third party shall bear the responsibility to ensure the security and protection of the data it receives from the data holder.
2022/11/14
Committee: ITRE
Amendment 692 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 706 #

2022/0047(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, 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.
2022/11/14
Committee: ITRE
Amendment 708 #

2022/0047(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, and the data holder is not, any compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. Article 8(3) shall apply accordingly.
2022/11/14
Committee: ITRE
Amendment 720 #

2022/0047(COD)

Proposal for a regulation
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 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). The third party shall upon the request of the user or the data holder provide with information on how the data has been used when there is a reasonable doubt for unlawful use or onward sharing of the received data.
2022/11/14
Committee: ITRE
Amendment 725 #

2022/0047(COD)

Proposal for a regulation
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).
2022/11/14
Committee: ITRE
Amendment 727 #

2022/0047(COD)

Proposal for a regulation
Article 11 – paragraph 2 – introductory part
2. AWhere a data recipient that has, for the purposes of obtaining data, provided inaccurate, incomplete or false information to the data holder, deployed deceptive or coercive means or abused evident gaps in the technical infrastructure of the data holder designed to protect the data, has used the data made available for unauthorised purposes or has disclosed those data to another party without the data holder’s authorisation, shall without undue delay, unless the data holder or the user instruct otherwise, including the development of a competing product within the meaning of Article 6(2)(e) or has disclosed those data to another party without the data holder’s authorisation, the data recipient shall be liable for the damages to the party suffering from the misuse or disclosure of such data and shall comply without undue delay with the requests of the data holder to:
2022/11/14
Committee: ITRE
Amendment 733 #

2022/0047(COD)

Proposal for a regulation
Article 12 – paragraph 1 a (new)
1 a. The obligations set out in this Regulation do not preclude a reciprocity of data sharing between a data recipient, user and data holder agreed in contracts.
2022/11/14
Committee: ITRE
Amendment 739 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 752 #

2022/0047(COD)

Proposal for a regulation
Article 13 – paragraph 8 a (new)
8 a. Given the rapidity in which innovations occur on the markets, the list of unfair contractual terms within article 13 shall be reviewed regularly by the European Commission and be adapted to new business practices if necessary
2022/11/14
Committee: ITRE
Amendment 794 #

2022/0047(COD)

Proposal for a regulation
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
2022/11/14
Committee: ITRE
Amendment 795 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2 a (new)
(2 a) obtaining data is necessary for official statistics purposes;
2022/11/14
Committee: ITRE
Amendment 801 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 825 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point e a (new)
(e a) ensure that making the data available would not put the data holder in a situation to violate a national under Union law or national law. Or, assume liability for violations or damages resulting from the access it has requested while making the data available was prohibited under Union law or national law;
2022/11/14
Committee: ITRE
Amendment 832 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point e b (new)
(e b) commits that confidentiality of trade secrets disclosure will be ensured.
2022/11/14
Committee: ITRE
Amendment 841 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point c
(c) respect the legitimate aims of the data holder, taking into account the protection of trade secrets and the, privacy, commercial sensitive information, intellectual property and the duration, cost and effort required to make the data available;
2022/11/14
Committee: ITRE
Amendment 847 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point d
(d) concern, insofar as possible, non- personal data;
2022/11/14
Committee: ITRE
Amendment 876 #

2022/0047(COD)

Proposal for a regulation
Article 18 – paragraph 2 – introductory part
2. Without prejudice to specific needs regarding the availability of data defined in sectoral legislation, the data holder may decline or seek the modification of the request within 15 working days following the receipt of a request for the data necessary to respond to a public emergency and within 145 working days in other cases of exceptional need, on either of the following grounds:
2022/11/14
Committee: ITRE
Amendment 878 #

2022/0047(COD)

Proposal for a regulation
Article 18 – paragraph 2 – point a
(a) the data is unavailable; or the data holder does not have control over the data
2022/11/14
Committee: ITRE
Amendment 879 #

2022/0047(COD)

Proposal for a regulation
Article 18 – paragraph 2 – point a a (new)
(a a) provided security measures concerning transfer, storing and maintaining data confidentiality are insufficient.
2022/11/14
Committee: ITRE
Amendment 884 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 894 #

2022/0047(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point a
(a) not use the data in a manner incompatible with the purpose for which they were requested, nor use the date to develop products or related services that compete against the data holder;
2022/11/14
Committee: ITRE
Amendment 896 #

2022/0047(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point b
(b) implement, insofar as the processing of personal data is necessary, technical and organisational measures that safeguard the rights and freedoms of data subjects;deleted
2022/11/14
Committee: ITRE
Amendment 901 #

2022/0047(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point b a (new)
(b a) have in place the appropriate and proportionate technical and organisational measures to manage cyber risk to that data;
2022/11/14
Committee: ITRE
Amendment 905 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 909 #

2022/0047(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. Disclosure of data constitutive of trade secrets or alleged trade secrets to a public sector body or to a Union institution, agency or body shall only be required to the extent that it is strictly necessary to achieve the purpose of the request. In such a case, provided that all specific necessary measures required by the trade secret holder are taken to preserve the confidentiality of trade secrets, in particular with respect to the third parties. The trade secret holder, the data holder and the public sector body, or the Union institution, agency or body shall take appropriatecan contractually agree on measures to preserve the confidentiality of those trade secretse shared data, in particular in relation to third parties. The trade secret holder should have the possibility to refuse this sharing, when these guarantees are not ensured or respected ex-ante.
2022/11/14
Committee: ITRE
Amendment 945 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 946 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 953 #

2022/0047(COD)

Proposal for a regulation
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:
2022/11/14
Committee: ITRE
Amendment 958 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 962 #

2022/0047(COD)

Proposal for a regulation
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:
2022/11/14
Committee: ITRE
Amendment 963 #

2022/0047(COD)

Proposal for a regulation
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:
2022/11/14
Committee: ITRE
Amendment 966 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 968 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 970 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 975 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 981 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 982 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 984 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 988 #

2022/0047(COD)

Proposal for a regulation
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;
2022/11/14
Committee: ITRE
Amendment 992 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 998 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 1039 #

2022/0047(COD)

Proposal for a regulation
Article 28 – paragraph 4
4. The Commission may, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards that satisfy the essential requirements under paragraph 1 of this Article. To address the fragmentation of the internal market and the data economy in the internal market, as requested by the regulation (EU) 2022/868, the European Data Innovation Board should also assist the Commission enhancing cross-border, cross- sector interoperability of data as well as data sharing services between different sectors and domains.
2022/11/14
Committee: ITRE
Amendment 1066 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 1099 #

2022/0047(COD)

Proposal for a regulation
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.
2022/11/14
Committee: ITRE
Amendment 1151 #

2022/0047(COD)

Proposal for a regulation
Article 41 – paragraph 1 – point b a (new)
(b a) the exclusion of trade secrets in Article 4(3) and Article 5(8);
2022/11/14
Committee: ITRE
Amendment 13 #

2021/2011(INI)

Draft opinion
Paragraph 1
1. Recalls its demand in its resolution of 10 February 2021 on the New Circular Economy Action Plan1 for binding EU reduction targets for primary raw materials use; requests that the Commission include all possible options to minimise resource consumption in its demand scenarios for critical raw materials (CRM)presents science based and realistic demand scenarios for critical raw materials (CRM) taking into account the demand needed to reach ambitious Green Deal goals, and including options to minimise resource consumption; __________________ 1 Texts adopted, P9_TA(2021)0040.
2021/05/04
Committee: ENVI
Amendment 37 #

2021/2011(INI)

Draft opinion
Paragraph 1 a (new)
1a. Underlines that minimising resource consumption has to be complemented with securing availability and high quality of secondary raw materials including CRM's, and restrictions in export of waste including such materials;
2021/05/04
Committee: ENVI
Amendment 43 #

2021/2011(INI)

Draft opinion
Paragraph 1 b (new)
1b. Underlines the critical role of creating of a well-functioning market for secondary raw materials. In this regard calls on the Commission for rapid establishment of a market observatory for key secondary materials including CRM's.
2021/05/04
Committee: ENVI
Amendment 101 #

2021/2011(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission and the European Raw Materials Alliance to prioritise CRM extraction from existing EU mines and waste dumps over new mining in case when extraction of CRM's from existing mines and dumps have smaller environmental impact, including energy and chemicals usage, than new ones; requests that the Commission assess whether current due diligence and environment rules are sufficient to guarantee minimal environmental impact of potential new mining projects in the EU;
2021/05/04
Committee: ENVI
Amendment 110 #

2021/2011(INI)

Draft opinion
Paragraph 3 a (new)
3a. Calls on the Commission to propose Sustainability Criteria under Taxonomy regulation for acquiring and processing primary and secondary raw materials (including mining) needed to achieve ambitious goals of the Green Deal; Highlights the need of securing finance for investments in research and development for technologies allowing extracting CRM's from waste and mining residues;
2021/05/04
Committee: ENVI
Amendment 136 #

2021/2011(INI)

Draft opinion
Paragraph 4
4. Believes that mining permits should include requirements for the proper recovery of all CRMs; requests thatCRMs if feasible and sustainable (e.g. without excessive energy and chemicals usage); calls the Commission urgentlyto implement Parliament’s demands inrequests from its resolution of 27 April 2017 on implementation of the Mining Waste Directive2 ; __________________ 2 OJ C 298, 23.8.2018, p. 132.
2021/05/04
Committee: ENVI
Amendment 155 #

2021/2011(INI)

Draft opinion
Paragraph 6
6. Believes that mining should be forbidden in nature conservation areas should be limited to necessary projects, taking into account the demand for raw materials to reach the Green Deal Goals and should strictly follow the existing EU and national legislation; calls on the Commission to evaluate legislative options to ensure that local communities are fully involved in the permit procedures for new industrial and new mining projects.
2021/05/04
Committee: ENVI
Amendment 185 #

2021/2011(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Underlines that reduction of primary demand of resource consumption has to be complemented with securing availability and high quality of secondary raw materials including CRM's, and restrictions in export of waste including such materials, therefore the export of this type of waste should at least occur only when, at the destination, the environmental and social standards and measures to mitigate climate effects and environmental and social impacts are equivalent to EU standards;
2021/06/23
Committee: ITRE
Amendment 203 #

2021/2011(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Underlines the critical role of creating of a well-functioning market for secondary raw materials. In this regard calls on the Commission for rapid establishment of a market observatory for key secondary materials including CRM's.
2021/06/23
Committee: ITRE
Amendment 220 #

2021/2011(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Calls on the Commission to propose Sustainability Criteria under Taxonomy regulation for acquiring and processing primary and secondary raw materials (including mining) needed to achieve ambitious goals of the Green Deal; Highlights the need of securing finance for investments in research and development for technologies allowing extracting CRM's from waste and mining residues as well as: processing of waste and a concrete and major improvement of the materials originated from waste, technologies and processing for extracting valuable raw materials from mining residues, tailing and complex streams;
2021/06/23
Committee: ITRE
Amendment 223 #

2021/2011(INI)

Motion for a resolution
Paragraph 23 b (new)
23b. Calls on the Commission to assess in addition to the Critical Raw Materials, to create new category of key materials that will play a crucial role in delivering the goals of the green new deal like for example certain non ferrous metals (including copper) and such secondary raw materials like metal waste (both ferrous and non-ferrous), that with time will become a strategic part of the key value chains;
2021/06/23
Committee: ITRE
Amendment 227 #

2021/2011(INI)

Motion for a resolution
Paragraph 23 c (new)
23c. Calls on the Commission to periodically evaluate the EU's dependence on imports in order to ensure greater security and sustainability, both for CRM and for other raw materials, which are projected to be key materials in delivering the goals of the green new deal like for example certain non-ferrous metals (including copper) that with time will become a strategic part of the key value chains in order to ensure greater security and sustainability;
2021/06/23
Committee: ITRE
Amendment 1457 #

2021/0426(COD)

Proposal for a directive
Annex III – point I – paragraph 3 – indent 3
renewable energy and waste heat from an efficient district heating and cooling system in accordance with Article (24(1) of Directive (EU) …/… [recast EED].
2022/07/06
Committee: ITRE
Amendment 143 #

2021/0424(COD)

Proposal for a regulation
Recital 14 a (new)
(14 a) In order to allow renewable and low-carbon gases to play their important role towards achieving the EU’s 2030 climate objectives and climate neutrality in 2050, it is of utmost importance that the targets set by the REPowerEU Plan for the production of biomethane (35 bcm by 2030), for the domestic production of renewable hydrogen (10 mio to by 2030), for the imports of renewable hydrogen (10 mio to by 2030), for the industrial usage of renewable fuels of non-biological origin, notably renewable hydrogen (75% of the overall hydrogen consumption in industry) and for the usage of renewable fuels of non-biological origin in transport (5% of transport fuels) are effectively accomplished by 2030. For this to happen not only must the market integration of renewable and low- carbon gases be fostered but also the necessary infrastructure must be developed in due time. For biomethane this means to develop a strategic approach to overcome existing technical barriers to trade biomethane within the EU and to fully integrate biomethane into the current gas system. For renewable and low-carbon hydrogen this requires an urgent implementation of the plan for an European hydrogen network guaranteeing a sufficient level of cross- border interconnection capacity.
2022/07/15
Committee: ITRE
Amendment 220 #

2021/0424(COD)

Proposal for a regulation
Article 3 a (new)
Article 3 a Upscaling renewable gases and low- carbon gases in coal and carbon-intensive regions The Commission shall support and provide incentives to encourage the penetration of renewable gases and low- carbon gases, in particular hydrogen and biomethane, into the Union energy system, in particular in coal and carbon- intensive regions pursuant to Regulation (EU) 2021/1056 through an enabling framework that includes: (a) additional financial resources, including Union funds, to facilitate a just transition of these regions with the aim of increasing the share of renewable gases and low-carbon gases, in particular in industrial processes, district heating and energy storage for enhancing flexibility of the energy system; (b) effective support measures to accelerate the phase out of solid fossil fuels in industrial and district heating sectors through investments in their modernisation, innovation and development as well as to decarbonise existing fossil-based hydrogen production sites; (c) upskilling and reskilling programmes and projects aiming to create and strengthen a hydrogen-ready and biomethane-ready workforce; (d) the fast-track implementation of hydrogen valleys and Important Projects of Common European Interests (IPCEI), in particular innovation projects enabling the conversion from fossil fuels to renewable hydrogen and biomethane.
2022/07/15
Committee: ITRE
Amendment 342 #

2021/0424(COD)

Proposal for a regulation
Article 17 a (new)
Article 17 a Facilitating biomethane connections and potential analysis 1. 1 year after the entry into force of the Regulation, Member States shall establish regional maps, identifying the areas with the highest potential for sustainable biogas and biomethane production and that fulfil the Union sustainability criteria within the meaning of Directive (EU) 2018/2001 due to the availability of raw materials, such as waste or residues, and existing operating biogas or biomethane plants. 2. Distribution system operators and transmission system operators shall be obliged to map connection potentials based on existing and expected capacity to facilitate connection requests, taking into consideration the potential for an increase of sustainable biogas and biomethane production provided on the basis of paragraph 1.
2022/07/15
Committee: ITRE
Amendment 477 #

2021/0424(COD)

Proposal for a regulation
Article 36 – paragraph 1
Distribution system operators operating a natural gas system or hydrogen network shall cooperate at Union level through the European entity for distribution system operators (‘EU DSO entity’) set up in accordance with Articles 52 to 57 of Regulation (EU) 2019/943 of the European Parliament and of the Council12 , in order to promote the completion and functioning of the internal market for natural gas and hydrogen and to promote optimal management and a coordinated operation of distribution and transmission systems. . _________________ 12 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54).
2022/07/15
Committee: ITRE
Amendment 488 #

2021/0424(COD)

Proposal for a regulation
Article 37 – paragraph 1
1. The rules and procedures on the participation of distribution system operators in the EU DSO entity pursuant to Article 54 of Regulation (EU) 2019/942 shall also apply to distribution system operators operating a natural gas system or hydrogen network.
2022/07/15
Committee: ITRE
Amendment 490 #

2021/0424(COD)

Proposal for a regulation
Article 37 – paragraph 1 a (new)
1 a. The governance rules and structures of the EU DSO Entity shall guarantee a fair and balanced representation for gas and hydrogen distribution system operators.
2022/07/15
Committee: ITRE
Amendment 493 #

2021/0424(COD)

Proposal for a regulation
Article 37 – paragraph 2
2. The Strategic Advisory Group pursuant to Article 54(2), point (f), of Regulation (EU) 2019/942 shall also consist of representatives of associations representing European distribution system operators solely operating a natural gas system or hydrogen network.
2022/07/15
Committee: ITRE
Amendment 494 #

2021/0424(COD)

Proposal for a regulation
Article 37 – paragraph 3 – introductory part
3. By [one year after entry into force] the EU DSO entity shall submit to the Commission and to ACER draft updated statutes, including a code of conduct, a list of registered members, draft updated rules of procedure, including rules of procedures on the consultation with the ENTSO for Electricity, the ENTSO for GasG&H and other stakeholders, and draft updated financing rules. .
2022/07/15
Committee: ITRE
Amendment 497 #

2021/0424(COD)

Proposal for a regulation
Article 37 – paragraph 3 – subparagraph 1
The draft updated rules of procedure of the EU DSO entity shall ensure balanced representation of all participating distribution system operators, including those solely owning or operating natural gas systems or hydrogen network.
2022/07/15
Committee: ITRE
Amendment 502 #

2021/0424(COD)

Proposal for a regulation
Article 38 – paragraph 1
1. The EU DSO entity shall exercise the tasks listed in Article 55(1) points (a) to (e) of Regulation (EU) 2019/943 and undertake the activities listed in Article 55(2) points (c) to (e) of that Regulation also as regards those distribution networks which are part of the natural gas system. or hydrogen network.
2022/07/15
Committee: ITRE
Amendment 514 #

2021/0424(COD)

Proposal for a regulation
Article 38 – paragraph 3 – point a
(a) cooperate with the ENTSO for GasG&H on the monitoring of the implementation of the network codes and guidelines adopted pursuant to this Regulation which are relevant to the operation and planning of distribution grids and the coordinated operation of the transmission networks and distribution networks;
2022/07/15
Committee: ITRE
Amendment 515 #

2021/0424(COD)

Proposal for a regulation
Article 38 – paragraph 3 – point b
(b) cooperate with the ENTSO for GasG&H and adopt best practices on the coordinated operation and planning of transmission and distribution systems including issues such as exchange of data between operators and coordination of distributed energy resources;
2022/07/15
Committee: ITRE
Amendment 517 #

2021/0424(COD)

Proposal for a regulation
Article 38 – paragraph 3 – point c
(c) work on identifying best practices for the implementation of the results of the assessments pursuant to Article 23(1a) [proposal for REDIII] and Article 23 [proposal for revised EED] and for the cooperation between operators of electricity distribution networksystems, of natural gas distribution systems, of hydrogen distribution networks and of district heating and cooling systems including for the purpose of the assessment pursuant to Article 24(8) [proposal for REDIII].
2022/07/15
Committee: ITRE
Amendment 626 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 3 a (new)
Regulation (EU) 2017/1938
Article 3 – paragraph 5
"5. The Commission shall coordinate the action of the competent authorities at regional and Union levels, pursuant to this Regulation, inter alia, through the GCG or, in particular, in the event of a regional or Union emergency pursuant to Article 12(1), through the crisis management group referred to in Article 12(4). (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)4(1a)." Or. en
2022/07/15
Committee: ITRE
Amendment 627 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 3 b (new)
Regulation (EU) 2017/1938
Article 3 – paragraph 6
"6. In the event of a regional or Union emergency, the transmission system operators shall cooperate and exchange information using the ReCo System for Gas established by ENTSOG. ENTSOG shall inform the Commission, the crisis group and the competent authorities of the Member States concerned accordingly. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)" Or. en
2022/07/15
Committee: ITRE
Amendment 628 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 3 c (new)
Regulation (EU) 2017/1938
Article 4
"1. A Gas Coordination Group (GCG) shall be established to facilitate the coordination of measures concerning the security of gas supply. The GCG shall be composed of representatives of the Member States, in particular representatives of their competent authorities, as well as the Agency for the Cooperation of Energy Regulators (the ‘Agency’), ENTSOG and representative bodies of the industry concerned and those of relevant customers. The Commission shall, in consultation with the Member States, decide on the composition of the GCG, ensuring it is fully representative. The Commission shall chair the GCG. The GCG shall adopt its rules of procedure. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)1a. A crisis group, chaired by the Commission, shall be established as a permanent sub-group of the GCG in order to facilitate the coordination of relevant actors and resolve security of supply crises. The crisis group shall be composed of representatives of the Member States, of the Agency and of ENTSOG. Where necessary, the Commission may also invite other relevant stakeholders. The members of the crisis group shall be expert in gas infrastructure, they shall be reachable and shall be able to be convened at any moment. The crisis group shall be able to act in the event of a crisis as long as half its members are present. It shall be equipped with the necessary tools in order to exercise a crisis coordination role. The Commission shall be empowered to specify, via a delegated act adopted in accordance with Article 19, the list of tools necessary to the crisis group to exercise its coordination role. 1b. The crisis group shall: (a) maintain channels of communications open with all relevant actors of the security of supply in natural gas including, Member States’ competent authorities, representatives of the Energy Community, TSOs, the risk groups listed in Annex I, Regional Coordination (ReCo) teams; (b) receive a copy of all national definitions of protected customers established pursuant to Article 6, common risk assessment carried out pursuant to Article 7, national emergency and preventative actions plans drafted pursuant to Article 8, lists of critical gas- fired power plants established pursuant to Article 11, and solidarity agreements concluded pursuant to Article 13, as well as any other relevant documents drafted pursuant to this Regulation; (c) cooperate with the Commission and, where relevant, the Member States or their relevant authorities in order to address and mitigate any crisis." Or. en
2022/07/15
Committee: ITRE
Amendment 633 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 7 a (new)
Regulation (EU) 2017/1938
Article 8 – paragraph 4 – subparagraph 1
"4. The competent authorities shall report regularly to the GCG and the crisis group on the progress achieved on the preparation and adoption of the preventive action plans and the emergency plans, in particular the regional chapters. In particular, competent authorities shall agree on a cooperation mechanism for the preparation of the preventive action plan and the emergency plan, including the exchange of draft plans. They shall report to the GCG and the crisis group on such agreed cooperation mechanism 16 months before the deadline for agreement of those plans and the updates of those plans. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)" Or. en
2022/07/15
Committee: ITRE
Amendment 660 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 12 – point a – point iii a (new)
Regulation (EU) 2017/1938
Article 11 – paragraph 2
"2. When the competent authority declares one of the crisis levels referred to in paragraph 1, it shall immediately inform the Commission, the crisis group, as well as the competent authorities of the Member States with which the Member State of that competent authority is directly connected and provide them with all the necessary information, in particular with information on the action it intends to take. In the event of an emergency which may result in a call for assistance from the Union and its Member States, the competent authority of the Member State concerned shall without delay notify the Commission's Emergency Response Coordination Centre (ERCC). (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN) and the crisis group." Or. en
2022/07/15
Committee: ITRE
Amendment 661 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 13 a (new)
Regulation (EU) 2017/1938
Article 12 – paragraph 2
"2. The Commission shall convene the GCG and the crisis group as soon as it declares a regional or Union emergency (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)" Or. en
2022/07/15
Committee: ITRE
Amendment 662 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 13 b (new)
Regulation (EU) 2017/1938
Article 12 – paragraph 3 – introductory part
"3. In a regional or Union emergency, the Commission shall coordinate together with the crisis group the action of the competent authorities, taking full account of relevant information from, and the. The Commission shall ensure that the GCG is informed resgults of, the consultation of the GCG. In particular, the Commission shall: (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)arly about the work undertaken by the crisis group. In particular, the Commission shall:" Or. en
2022/07/15
Committee: ITRE
Amendment 663 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 13 c (new)
Regulation (EU) 2017/1938
Article 12 – paragraph 4
4. The Commission may convene a crisis management group composed of the crisis managers referred to in point (g) of Article 10(1), of the Member States concerned by the emergency. The Commission, in agreement with the crisis managers, may invite other relevant stakeholders to participate. The Commission shall ensure that the GCG is informed regularly about the work undertaken by the crisis management group. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)"deleted" Or. en
2022/07/15
Committee: ITRE
Amendment 664 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 15 a (new)
Regulation (EU) 2017/1938
Article 14 – paragraph 2 – introductory part
"2. In the event of a regional or Union emergency, the Commission may request that the competent authority referred to in paragraph 1 provide it and the crisis group without delay with at least: (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)" Or. en
2022/07/15
Committee: ITRE
Amendment 665 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 15 b (new)
Regulation (EU) 2017/1938
Article 14 – paragraph 3 – subparagraph 2
"The Commission shall analyse the assessments of the competent authorities and shall inform the crisis group, the Member States, the European Parliament and the GCG of the results of its analysis in an aggregated form. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)" Or. en
2022/07/15
Committee: ITRE
Amendment 666 #

2021/0424(COD)

Proposal for a regulation
Article 67 – paragraph 1 – point 15 c (new)
Regulation (EU) 2017/1938
Article 14– paragraph 6 – subparagraph 2
"The competent authority shall notify the data listed in point (a) of the first subparagraph to the Commission and to the crisis group in an anonymised form. In the event of new contracts being concluded or changes being made to existing contracts, the whole set of data shall be notified by the end of September of the relevant year. Where the competent authority has doubts whether a given contract obtained under point (b) of the first subparagraph puts the security of gas supply of a Member State or a region at risk, it shall notify the contract to the Commission. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R1938&from=EN)" Or. en
2022/07/15
Committee: ITRE
Amendment 867 #

2021/0423(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point c
(c) methane emissions occurring during post-mining activities.deleted
2022/10/24
Committee: ENVIITRE
Amendment 898 #

2021/0423(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. Venting and flaring of methane from drainage stations shall be prohibited from [1 January 2025], except in the case of an emergency, a malfunction or where unavoidable and strictly necessary for maintenance, including when the pressure and concentration of methane is too low to be captured and the regulation of gas pressure in the pipeline to the recipient. In such cases, drainage station operators shall vent only if flaring is not technically feasible or risks endangering safety of operations or personnel. In such a situation, as part of the reporting obligations set out in Article 23, drainage station operators shall demonstrate to the competent authorities the necessity to opt for venting instead of flaring.
2022/10/24
Committee: ENVIITRE
Amendment 904 #

2021/0423(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. Venting of methane through ventilation shafts in coal mines emitting more than 0.5 tonnes of methane/kilotonne of coal mined, other than coking coal mines, shall be prohibited from 1 January 2027., except when it would pose a direct threat to the health and life of working miners and would increase work safety risk in in the mining plants
2022/10/24
Committee: ENVIITRE
Amendment 913 #

2021/0423(COD)

Proposal for a regulation
Article 22 – paragraph 3
3. By … [three years from the date of entry into force of this Regulation] the Commission shall adopt a delegated act in accordance with Article 31The European Commission shall monitor development and deployment of technologies enabling reduction of methane emissions from ventilation shafts. If necessary The commission shall present the legislative proposal to supplement this Regulation by setting out restrictions on venting methane from ventilation shafts for coking coal mines.
2022/10/24
Committee: ENVIITRE
Amendment 1018 #

2021/0423(COD)

Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 1 – introductory part
The penalties provided for must be effective, and proportionate and dissuasive and may include:
2022/10/24
Committee: ENVIITRE
Amendment 1046 #

2021/0423(COD)

Proposal for a regulation
Article 31 – paragraph 6
6. A delegated act adopted pursuant to Articles 8(5), 22(3) and 27(1) 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 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.
2022/10/24
Committee: ENVIITRE
Amendment 99 #

2021/0293(COD)

(4 a) Policies and investments on digital infrastructure should also aim to ensure inclusive connectivity, with available and affordable Internet access, broadband and mobile services, in order to close the digital divide across the Union, and to support access to emerging broadband- enabled trends and digital services;
2022/03/29
Committee: ITRE
Amendment 100 #

2021/0293(COD)

Proposal for a decision
Recital 4 b (new)
(4 b) Artificial intelligence (AI) in particular is a promising technology that the Union should enhance. From medicine to transportation to cybersecurity and energy efficiency, and more, AI holds great promise for progress in our society, and for solving some of the world’s biggest problems in terms of health, the environment, education, and mobility contributing to achieving the objectives of the Union and deepening the internal market.
2022/03/29
Committee: ITRE
Amendment 108 #

2021/0293(COD)

Proposal for a decision
Recital 7
(7) Digital skills, basic and advanced, are essential to reinforce the collective resilience of the Union’s society. Digitally empowered and capable citizens will be able to take advantage of the opportunities of the Digital Decade. Moreover, digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today, with convergence between women and men. In addition, an essential enabler for taking advantage of the benefits of digitisation, for further technological developments and for Europe’s digital leadership is a sustainable digital infrastructure for connectivity, microelectronics and the ability to process vast data. Excellent and secure connectivity for everybody and everywhere in Europe including in rural and remote areas40 is needed. Societal needs for upload and download bandwidth are constantly growing. By 2030, networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. To this end, it is paramount to ensure the appropriate investments aiming to boost the development of 5G and 6G networks, cloud infrastructure, high-performance computing capacities, quantum computing technologies and other ICT emerging technologies. This requires a fair and proportionate contribution to the cost of usage and financing of network operators investment in connectivity and digital infrastructures especially by large content platforms. Moreover, microprocessors which are already today at the start of most of the key, strategic value chains are expected to be in even higher demand in the future, in particular the most innovative ones. Climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers. _________________ 40 Long-term Vision for the EU’s Rural Areas. COM(2021) 345 final.
2022/03/29
Committee: ITRE
Amendment 112 #

2021/0293(COD)

Proposal for a decision
Recital 7
(7) Digital skills, basic and advanced, are essential to reinforce the collective resilience of the Union’s society. Digitally empowered and capable citizens will be able to take advantage of the opportunities of the Digital Decade. Moreover, digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today, with convergence between women and men. In addition, an essential enabler for taking advantage of the benefits of digitisation, for further technological developments and for Europe’s digital leadership is a sustainable digital infrastructure for connectivity, microelectronics and the ability to process vast data. Excellent and secure connectivity for everybody and everywhere in Europe including in rural and remote areas40 is needed. Societal needs for upload and download bandwidth are constantly growing. By 2030, networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity, which requires a fair and proportionate contribution to the cost of use and to the funding of network operator investment in connectivity and digital infrastructure, especially by large content platforms. Moreover, microprocessors which are already today at the start of most of the key, strategic value chains are expected to be in even higher demand in the future, in particular the most innovative ones. Climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers. _________________ 40 Long-term Vision for the EU’s Rural Areas. COM(2021) 345 final.
2022/03/29
Committee: ITRE
Amendment 222 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point d a (new)
(d a) promote the development regulatory standards with a global dimension to ensure that Union companies, especially SME), can compete fairly along global value chains;
2022/03/29
Committee: ITRE
Amendment 224 #

2021/0293(COD)

(d b) create the most appropriate conditions to develop new and emerging technologies such as cloud, edge, quantum and high-performance computing and promote their uptake in the Union businesses, also supporting their capacities to adopt them;
2022/03/29
Committee: ITRE
Amendment 237 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point g
(g) facilitate fair and convergent conditions for investments in digital transformation throughout the Union, including by strengthening the synergies between the use of Union and national funds, and developing predictable regulatory approachesthe synergies between the different Union's initiatives and programmes, including the Joint Undertakings under the Horizon Europe programme, develop predictable regulatory approaches and to develop an adequate framework which requires particular large content platforms to make a fair and proportionate contribution to the cost of usage of network operators’ digital infrastructure;
2022/03/29
Committee: ITRE
Amendment 238 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point g
(g) facilitate fair and convergent conditions for investments in digital transformation throughout the Union, including by strengthening the synergies between the use of Union and national funds, and developing predictable regulatory approaches and introducing appropriate framework provisions requiring in particular that large content platforms make a fair and proportionate contribution to the cost of using the digital infrastructure of network operators;
2022/03/29
Committee: ITRE
Amendment 281 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a
(a) all European households are covered by a Gigabit network, with all populated areas covered by 5G, without neglecting the rural areas;
2022/03/29
Committee: ITRE
Amendment 283 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a a (new)
(a a) pave the way to enable the development of 6G services and technologies and to build the relevant R&I capacities;
2022/03/29
Committee: ITRE
Amendment 369 #

2021/0293(COD)

Proposal for a decision
Article 8 – paragraph 1 a (new)
(1 a) Commission and Member States must create instruments and mechanisms that are flexible enough to address the evolving nature of algorithms and ensure adequate, appropriate, and continuous regulatory revisions;
2022/03/29
Committee: ITRE
Amendment 409 #

2021/0293(COD)

Proposal for a decision
Article 13 – paragraph 4 – point a
(a) Joint Undertakings; , notably the Smart Networks and Services Joint Undertaking, the Key Digital Technologies Joint Undertaking and the High-Performance Computing Joint Undertaking;
2022/03/29
Committee: ITRE
Amendment 207 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a – point i
Directive (EU) 2018/2001
Article 26 – paragraph 1
For the calculation of a Member State's gross final consumption of energy from renewable sources referred to in Article 7 and of the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the transport sector in 2020 in that Member State, with a maximum of other than high indirect land use change risk feedstock for which a significant expansion of the production area into land with high carbon stock is observed, shall be no more than 7 % of the final consumption of energy in the transport sector in that Member Stateat EU level.;
2022/02/02
Committee: AGRI
Amendment 210 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a – point i a (new)
Directive (EU) 2018/2001
Article 26 – paragraph 1
(ia) the second subparagraph is deleted
2022/02/02
Committee: AGRI
Amendment 214 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a – point ii – introductory part
Directive (EU) 2018/2001
Article 26 – paragraph 1
(ii) the fourth subparagraph is replaced by the following:deleted.;
2022/02/02
Committee: AGRI
Amendment 303 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive (EU) 2018/2001
Article 31
(21) in Article 31, paragraphs 2, 3 and 4 are deleted:
2022/02/02
Committee: AGRI
Amendment 309 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive (EU) 2018/2001
Article 31a – paragraph 1
1. The Commission shall ensure that a Union database is set up to enable the tracing of liquid and gaseous renewable fuels, including the tracing of the feedstocks listed in Annex IX used in their production, and recycled carbon fuels.
2022/02/02
Committee: AGRI
Amendment 313 #

2021/0218(COD)

Proposal for a directive
Article 2 – paragraph 2
Regulation 2018/1999/EC
Article 4 a – paragraph 1 – point 2 –subparagraph 3 (new)
Member States shall collectively ensure that the sum of their contribution of biofuels produced from food and feed crops other than high ILUC-risk feedstocks to the greenhouse gas intensity reduction in the transport sector does not exceed the level set in Article 26.1of Directive 2018/2001/EC. The European Commission shall, on the basis of the cumulated national integrated national and climate progress reports and their Annex IX, issue recommendation to adjust Member States’ forecasts to ensure compliance with the 7% limit at EU level.;
2022/02/02
Committee: AGRI
Amendment 314 #

2021/0218(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 2 a (new)
Directive 98/70/EC
Article 3 – paragraph 3
(2 a) Article 3 is amended as follows: Paragraph 3 is replaced by the following: Member States shall require suppliers to ensure the placing on the market of petrol with a minimum oxygen content of 2.7 % m/m or a minimum ethanol content of 5 % v/v. They shall ensure the provision of appropriate information to consumers concerning the biofuel content of petrol and, in particular, on the appropriate use of different blends of petrol.
2022/02/02
Committee: AGRI
Amendment 321 #

2021/0218(COD)

Proposal for a directive
Annex I – paragraph 1 – point 5 – point a
Directive 2018/2001/EC
Annex V – part C – point 5
5. Emissions from the extraction or cultivation of raw materials, eec, shall, include emissions from the extraction or cultivation process itself; from the collection, drying and storage of raw materials; from waste and leakages; and from the production of chemicals or products used in extraction or cultivation. Capture of CO2 in the cultivation of raw materials shall be excluded. If available, the disaggregated default values for soil N2O emissions set out in Part D shall be applied in the calculation. It is allowed to calculate averages based on local farming practices based on data of a group of farms, as an alternative to using actual values.’;deleted
2022/02/02
Committee: AGRI
Amendment 335 #

2021/0218(COD)

Proposal for a directive
Annex I – paragraph 1 – point 6 – point b
Directive (EU) 2018/2001
Annex V – part C – point 15
b) point 15 is deleted:
2022/02/02
Committee: AGRI
Amendment 336 #

2021/0218(COD)

Proposal for a directive
Annex I – paragraph 1 – point 6 – point c
Directive (EU) 2018/2001
Annex V – part C – point 18
18. For the purposes of the calculations referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs and eccr that take place up to and including the process step at which a co-product is produced. In the case of eccr CO2 from fermentation that is captured and re-used for replacing fossil- based CO2 shall be considered an emission saving that is entirely allocated to the biofuel or bioliquid resulting from fermentation. If any allocation to co- products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions.
2022/02/02
Committee: AGRI
Amendment 350 #

2021/0218(COD)

Proposal for a directive
Annex II – paragraph 1 – point 1 a (new)
(1 a) Annex I is amended as follows (new): In the line ‘Oxygen content’ the entry in the last column‘Limits’ ‘Maximum’, ‘3,7’ is replaced by ’8,0’ In the line ‘Ethanol (stabilising agents may be necessary)’, the entry in the last column ‘Limits’ ‘Maximum’, ’10,0’ is replaced by ’22,0’. The Commission shall adopt a delegated act in accordance with article 10a to supplement this Annex by setting the corresponding parameters for the maximum limits of different oxygenates, vapour pressure and distillation. Footnote 3 is deleted.;
2022/02/02
Committee: AGRI
Amendment 352 #

2021/0218(COD)

Proposal for a directive
Annex II – paragraph 1 – point 3 a (new)
Directive 98/70/EC
Article 10 a.2
(3 a) 2. The power to adopt delegated acts referred to in Article 10(1) shall be conferred on the Commission for a period of five years from [date of entry into force of the Directive]
2022/02/02
Committee: AGRI
Amendment 521 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Directive (EU) 2018/2001
Article 7 – paragraph 1 – subparagraph 2
With regard to the first subparagraph, point (a), (b), or (c), gas and electricity from renewable sources shall be considered only once for the purposes of calculating the share of gross final consumption of energy from renewable sources. Energy produced from renewable fuels of non-biological origin shall be accounted in the sector - electricity, heating and cooling or transport - where it is consumed. For the purposes of point (b), Member State may decide to count renewable fuels and electricity produced from renewable sources and used for the production of heat and cold in the heating and cooling sector in accordance with Article 23(7) and 24(4b). Renewable fuels and electricity counted towards point (b) shall not be taken into account for the purposes of achieving the goals set out in point (a) of the first subparagraph of paragraph 1 of this Article. Where Member State decide to count renewable fuels and electricity produced from renewable sources towards point (b) it will notify this to the Commission one year before the introduction of such mechanism.
2022/03/17
Committee: ITRE
Amendment 822 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
1. In order to promote the use of renewable energy in the heating and cooling sector, each Member State shall, endeavour to increase the share of renewable energy, including waste heat and cold, in that sector by at leastn indicative 1.1 percentage points as an annual average calculated for the periods 2021 to 2025 and 2026 to 2030, starting from the share of renewable energy in the heating and cooling sector in 2020, expressed in terms of national share of gross final energy consumption and calculated in accordance with the methodology set out in Article 7.
2022/03/17
Committee: ITRE
Amendment 833 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
That increase shall be of 1.5 percentage points for Member States where waste heat and cold is used. In that case, Member States may count waste heat and cold up to 40 % of the average annual increase.
2022/03/17
Committee: ITRE
Amendment 841 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
In addition to the minimum 1.1 percentage points annual increase referred to in the first subparagraph, each Member State shall endeavour to increase the share of renewable energy in their heating and cooling sector by the amount set out in Annex 1a.;deleted
2022/03/17
Committee: ITRE
Amendment 866 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive (EU) 2018/2001
Article 31 – paragraph 2, 3 and 4
(21) in Article 31, paragraphs 2, 3 and 4 are deleted:
2022/02/17
Committee: ENVI
Amendment 870 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive (EU) 2018/2001
Article 31a – paragraph 1
1. The Commission shall ensure that a Union database is set up to enable the tracing of liquid and gaseous renewable fuels, including the tracing of the feedstocks listed in Annex IX used in their production, and recycled carbon fuels.
2022/02/17
Committee: ENVI
Amendment 885 #

2021/0218(COD)

Proposal for a directive
Article 2 – point 2
Regulation (EU) 2018/1999
Article 4 – point a – point 2 – subparagraph 2 a (new)
Member States shall collectively ensure that the sum of their contribution of biofuels produced from food and feed crops other than high ILUC-risk feedstocks to the greenhouse gas intensity reduction in the transport sector does not exceed the level set in Article 26.1 of Directive 2018/2001/EC. The European Commission shall, on the basis of the cumulated national integrated national and climate progress reports and their Annex IX, issue recommendation to adjust Member States’ forecasts to ensure compliancewith the 7% limit at EU level;
2022/02/17
Committee: ENVI
Amendment 891 #

2021/0218(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 2 a (new)
Directive 98/70/EC
Article 3 – paragraph 3
3. (2a) in Article 3: paragraph 3 is replaced by the following: “Member States shall require suppliers to ensure the placing on the market of petrol with a maxinimum oxygen content of 2,.7 % andm/m or a maxinimum ethanol content of 5 % until 2013 and may require the placing on the market of such petrol for a longer period if they consider it necessaryv/v. They shall ensure the provision of appropriate information to consumers concerning the biofuel content of petrol and, in particular, on the appropriate use of different blends of petrol.”
2022/02/17
Committee: ENVI
Amendment 900 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d a (new)
Directive (EU) 2018/2001
Article 23 – paragraph 7 a (new)
(da) paragraph 7 a (new) is added Where Member State decides to count renewable fuels and electricity produced from renewable sources and used for the production of heat and cold in the heating and cooling sector, in accordance with art. 7(1), for the purposes of calculating the share referred to in paragraph 1 of this Article, the following rules apply: (a) Renewable fuels and electricity obtained from direct connection to an installation generating respective energy source may be fully counted as renewable where it is used for the production of heat and cold, provided that such an installation is not connected to the grid or is connected to the grid, but evidence can be provided that the energy concerned has been supplied without taking it from the grid. (b) Renewable fuels and electricity that has been taken from the grid and used for the production of heat and cold may be counted as fully renewable provided that it has been produced exclusively from renewable sources and the renewable properties have been demonstrated, ensuring that the renewable properties of that energy are claimed only once and only in the heating and cooling sector.
2022/03/17
Committee: ITRE
Amendment 906 #

2021/0218(COD)

Proposal for a directive
Annex I – paragraph 1 – point 5 – point a
Directive (Eu) 2018/2001/EC
Annex V – part C – point 5
(a) point 5 and 6 are6 is replaced by the following: “5. cultivation of raw materials, eec, shall, include emissions from the extraction or cultivation process itself; from the collection, drying and storage of raw materials; from waste and leakages; and from the production of chemicals or products used in extraction or cultivation. Capture of CO2 in the cultivation of raw materials shall be excluded. If available, the disaggregated default values for soil N2O emissions set out in Part D shall be applied in the calculation. It is allowed to calculate averages based on local farming practices based on data of a group of farms, as an alternative to using actual values.’;Emissions from the extraction or 6. For the purposes of the calculation referred to in point 1(a), greenhouse gas emissions savings from improved agriculture management, esca, such as shifting to reduced or zero-tillage, improved crop/rotation, the use of cover crops, including crop residue management, and the use of organic soil improver (e.g. compost, manure fermentation digestate), shall be taken into account only if they do not risk to negatively affect biodiversity. Further, solid and verifiable evidence shall be provided that the soil carbon has increased or that it is reasonable to expect to have increased over the period in which the raw materials concerned were cultivated while taking into account the emissions where such practices lead to increased fertiliser and herbicide use1.’; https://euc-word- edit.officeapps.live.com/we/wordeditorfra me.aspx?ui=en%2DUS&rs=en%2DUS&w opisrc=https%3A%2F%2Feuroparl.sharepo int.com%2Fsites%2FFitfor55ENVISecreta riatteam%2F_vti_bin%2Fwopi.ashx%2Ffil es%2Fcb87432fed6645c9978bb69221eaa4 a4&wdenableroaming=1&mscc=1&hid=22 A920A0-506B-3000-AFA7- 7CCE3275F341&wdorigin=ItemsView&w dhostclicktime=1644844895823&jsapi=1& jsapiver=v1&newsession=1&corrid=d135b 8b1-7b8b-4a9a-af19- 0cb35ebfa68c&usid=d135b8b1-7b8b- 4a9a-af19- 0cb35ebfa68c&sftc=1&mtf=1&sfp=1&inst antedit=1&wopicomplete=1&wdredirectio nreason=Unified_SingleFlush&rct=Mediu m&ctp=LeastProtected - _ftnref1 __________ 1Measurements of soil carbon can constitute such evidence, e.g. by a first measurement in advance of the cultivation and subsequent ones at regular intervals several years apArticleIn such a case, before the second measurement is available, increase in soil carbon would be estimated on the basis of representative experiments or soil models. From the second measurement onwards, the measurements would constitute the basis for determining the existence of an increase in soil carbon and its magnitude.
2022/02/17
Committee: ENVI
Amendment 917 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13 – point b
Directive (EU) 2018/2001
Article 24 – paragraph 4 – subparagraph 1
4. Member States shall endeavour to increase the share of energy from renewable sources and from waste heat and cold in district heating and cooling by at least 2n indicative 1.1 percentage points as an annual average calculated for the period 2021 to 2025 and for the period 2026 to 2030, starting from the share of energy from renewable sources and from waste heat and cold in district heating and cooling in 2020, and shall lay down thintroduce appropriate measures necessary to that end. The national indicative share of renewable energy shall be expressed in terms of share of gross final energy consumption in district heating and cooling adjusted to normal average climatic conditions.
2022/03/17
Committee: ITRE
Amendment 922 #

2021/0218(COD)

Proposal for a directive
Annex I – paragraph 1 – point 6 – point b
Directive (EU) 2018/2001/EC
Annex VI – part B – point 15
b) point 15 is deleted:
2022/02/17
Committee: ENVI
Amendment 924 #

2021/0218(COD)

Proposal for a directive
Annex I – paragraph 1 – point 6 – point c
Directive (EU) 2018/2001/EC
Annex VI – part B – point18
18. For the purposes of the calculations referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs and eccr that take place up to and including the process step at which a co-product is produced. In the case of eccr CO2 from fermentation that is captured andre-used for replacing fossil- based CO2 shall be considered an emission saving that is entirely allocated to the biofuel or bioliquid resulting from fermentation. If any allocation to co- products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions.
2022/02/17
Committee: ENVI
Amendment 929 #

2021/0218(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13 – point c
Directive (EU) 2018/2001
Article 24 – paragraph 4 b (new)
4a a. For the purposes of calculating the renewable fuels and electricity produced from renewable sources and used for the production of heat and cold in district heating and cooling towards the implementation of the minimum share referred to in paragraph 4, the rules set out in Article 23(7) apply.
2022/03/17
Committee: ITRE
Amendment 949 #

2021/0218(COD)

Proposal for a directive
Annex II – paragraph 1 – point 1 a (new)
Directive 98/70/EC
Annex I – Table
(1a) Annex I is amended as follows: (a) In the line ‘Oxygen content’ the entry in the last column ‘Limits’ ‘Maximum’, ‘3,7’ is replaced by’8,0’; (b) In the line ‘Ethanol (stabilising agents may benecessary)’, the entry in the last column ‘Limits’‘Maximum’, ’10,0’ is replaced by ’22,0’.; (c) The Commission shall adopt a delegated act inaccordance with article 10a to supplement thisAnnex by setting the corresponding parametersfor the maximum limits of different oxygenates,vapour pressure and distillation.Footnote 3 is deleted.; (d) Footnote 3 is deleted.;
2022/02/17
Committee: ENVI
Amendment 951 #

2021/0218(COD)

Proposal for a directive
Annex II – paragraph 1 – point 3 a (new)
Directive 98/70/EC
Article 10 a – paragraph 1 – subparagraph 1 a (new)
(3a) In paragraph 1, the following subpragraph 1 a is inserted: “The power to adopt delegated actsreferred to in Article 10(1) shall be conferred onthe Commission for a period of five years from[date of entry into force of the Directive]”
2022/02/17
Committee: ENVI
Amendment 43 #

2021/0214(COD)

Proposal for a regulation
Chapter III – title
III Competent authoritiesBAM Authority (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2022/02/18
Committee: BUDG
Amendment 44 #

2021/0214(COD)

Proposal for a regulation
Article 11 – title
Competent authorities
2022/02/18
Committee: BUDG
Amendment 45 #

2021/0214(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Each Member State shall designate the competent authority to carry out the obligations under this Regulation and inform the Commission thereof. The Commission shall make available to the Member States a list of all competent authorities and publish this information in the Official Journal of the European Union.deleted
2022/02/18
Committee: BUDG
Amendment 46 #

2021/0214(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Member States shall require that competent authorities exchange any information that is essential or relevant to the exercise of their functions and duties.deleted
2022/02/18
Committee: BUDG
Amendment 51 #

2021/0214(COD)

Proposal for a regulation
Article 19 a (new)
Article 19 a Revenues The revenues generated by the sale of CBAM certificates shall constitute internal assigned revenue in accordance with Article 21(4) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council. They shall be assigned to cover the costs of the operation and maintenance of the CBAM Authority. Any revenue remaining after covering these costs shall be assigned to the Union budget.
2022/02/18
Committee: BUDG
Amendment 79 #

2021/0214(COD)

Proposal for a regulation
Recital 8
(8) As long as a significant number of the Union’s international partners have policy approaches that do not result indo not achieve the same level of climate ambition, there is a risk of carbon leakage, which would undermine the Union’s competitiveness on global markets. Carbon leakage occurs if, for reasons of costs related to climate policies, businesses in certain industry sectors or subsectors were to transfer production to other countries or imports from those countries would replace equivalent but less GHG emissions intensive products-intensive products on the internal market, as well as export markets, or investment into such sectors and subsectors would predominantly flow to such countries and not the Union. That cwould lead to an increase in their total emissions globally, thus jeopardising the reduction of GHG emissions that is urgently needed if the world is to keep the global average temperature to well below 2 °C above pre- industrial levels.
2022/02/08
Committee: ITRE
Amendment 100 #

2021/0214(COD)

Proposal for a regulation
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addressing risks ofpreventing carbon leakage resulting from the increased Union climate ambition.
2022/02/08
Committee: ITRE
Amendment 109 #

2021/0214(COD)

Proposal for a regulation
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, free allocation under the EU ETS weakens the price signal that the system provides for the installations receiving it compared to full auctioning and thus affects the incentives for investment into further abatement of emissions. Free allocation at the level of best performers has been an adequate policy instrument for certain industrial sectors to address the risk of carbon leakage in the absence of a fair level playing field.
2022/02/08
Committee: ITRE
Amendment 117 #

2021/0214(COD)

Proposal for a regulation
Recital 11
(11) The CBAM seeks tointends to complement and progressively replace these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAMshould be phased out only after a comprehensive transitional period between 2026 and 2030 and once the CBAM has proven to be efficient, fit for purpose, operational and tested to mitigate the risk of carbon leakage. The combined application of EU ETS allowances allocated free of charge and of the CBAM is needed to allow producers, importers and traders to adjust to the new regime and to assess the effective implementation of the CBAM but should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union as continuous trade with third countries are essential for the Union and its diversified supply chains.
2022/02/08
Committee: ITRE
Amendment 134 #

2021/0214(COD)

Proposal for a regulation
Recital 12
(12) While the objective of the CBAM is to prevent the risk of carbon leakage, this Regulation would also encourage the use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated. The CBAM hence might be an effective measure to lower emissions in third countries while ensuring European industry competitiveness. Reducing emissions in the Union as well as in third countries is an effective way to reduce the risk of carbon leakage. The CBAM should be seen as a step towards global pricing on carbon emissions which would further reduce the risk of carbon leakage globally.
2022/02/08
Committee: ITRE
Amendment 142 #

2021/0214(COD)

Proposal for a regulation
Recital 12 a (new)
(12 a) While the surrendering of CBAM certificates for EU importers addresses the risk of carbon leakage on the EU market, it is essential that the CBAM would also seek to reduce the possibility of European low-carbon exports being replaced by carbon-intensive items on third country markets or by goods that are not subject to equivalent climate policy and carbon costs, undermining the goal of lowering global emissions. It is therefore necessary to continue addressing the risk of carbon leakage associated with European exports to third countries that have not yet limited or priced GHG emissions at the same levels as the EU.
2022/02/08
Committee: ITRE
Amendment 147 #

2021/0214(COD)

Proposal for a regulation
Recital 8
(8) As long as a significant number of the Union’s international partners have policy approaches that do not result indo not achieve the same level of climate ambition, there is a risk of carbon leakage, which would undermine the Union’s competitiveness on global markets. Carbon leakage occurs if, for reasons of costs related to climate policies, businesses in certain industry sectors or subsectors were to transfer production to other countries or imports from those countries would replace equivalent but less GHG emissions intensive products-intensive products on the internal market, as well as export markets, or investment into such sectors and subsectors would predominantly flow to such countries and not the Union. That cwould lead to an increase in their total emissions globally, thus jeopardising the reduction of GHG emissions that is urgently needed if the world is to keep the global average temperature to well below 2 °C above pre- industrial levels.
2022/02/15
Committee: ENVI
Amendment 149 #

2021/0214(COD)

Proposal for a regulation
Recital 13
(13) As an instrument to prevent carbon leakage and reduce GHG emissions the CBAM should ensure that imported products are subject to a regulatory system that applies carbon costs equivalent to the ones that otherwise would have been borne under the EU ETS. The CBAM is a climate measure which should prevent the risk of carbon leakage and support the Union’s increased ambition on climate mitigation, while ensuring WTO compatibility and industrial competitiveness.
2022/02/08
Committee: ITRE
Amendment 151 #

2021/0214(COD)

Proposal for a regulation
Recital 13 a (new)
(13 a) As CBAM is a mechanism that addresses the risk of carbon leakage on the EU market for EU imports, it is essential to avoid the risk that EU exports are replaced by more carbon intensive goods on the global market. Hence, the Commission shall analyse its implementation and effectiveness throughout the administrative transitional period and shall by the end of this period submit a report to the European Parliament and Council that specifies the carbon leakage risk on export markets accompanied with a proposal preventing the carbon leakage risk on export markets with safeguards of products intended for exports, such as export rebates.
2022/02/08
Committee: ITRE
Amendment 162 #

2021/0214(COD)

Proposal for a regulation
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addressing risks ofpreventing carbon leakage resulting from the increased Union climate ambition.
2022/02/15
Committee: ENVI
Amendment 166 #

2021/0214(COD)

Proposal for a regulation
Recital 17
(17) The GHG emissions to be regulated by the CBAM should correspond to those GHG emissions covered by Annex I to the EU ETS in Directive 2003/87/EC, namely carbon dioxide (‘CO2’) as well as, where relevant, nitrous oxide (‘N2O’) and perfluorocarbons (‘PFCs’). The CBAM should initially apply to direct emissions of those GHG from the production of goods up to the time of import into the customs territory of the Union, and after the end of athe administrative transitional period and upon further assessment on the impact on carbon leakage for energy-intensive sectors with a withdrawal of EU ETS compensation, as well to indirect emissions, mirroring the scope of the EU ETS.
2022/02/08
Committee: ITRE
Amendment 173 #

2021/0214(COD)

Proposal for a regulation
Recital 19
(19) However, while the EU ETS sets an absolute cap on the GHG emissions from the activities under its scope and allows tradability of allowances (so called ‘cap and trade system’), the CBAM shouldmust not establish quantitative limits to import, so as to ensure that trade flows are not restricted or disrupted. Moreover, while the EU ETS applies to installations based in the Union, the CBAM should be applied to certain goods imported into the customs territory of the Union to ensure a level playing field and prevent the risk of carbon leakage while ensuring compatibility with WTO.
2022/02/08
Committee: ITRE
Amendment 174 #

2021/0214(COD)

Proposal for a regulation
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, free allocation under the EU ETS weakens the price signal that the system provides for the installations receiving it compared to full auctioning and thus affects the incentives for investment into further abatement of emissions. Free allocation at the level of best performers has been an adequate policy instrument for certain industrial sectors to address the risk of carbon leakage in the absence of a fair level playing field.
2022/02/15
Committee: ENVI
Amendment 189 #

2021/0214(COD)

Proposal for a regulation
Recital 24
(24) In terms of sanctions, Member States should apply penalties to infringements or circumvention practises of this Regulation and ensure that they are implemented. The amount of those penalties should be identical to penalties currently applied within the Union in case of infringement of EU ETS according to Article 16(3) and (4) of Directive 2003/87/EC.
2022/02/08
Committee: ITRE
Amendment 193 #

2021/0214(COD)

Proposal for a regulation
Recital 28
(28) Whilst the ultimate objective of the CBAM is a broader product coverage, it would beis prudent to start with a selected number of sectors with relatively homogeneous products where there is a risk of carbon leakage. The Commission should consider to further extend the scope of included goods, when CBAM is proven efficient to reduce carbon leakage for the sectors included in Annex I of this Regulation. A proposal of the inclusion of finished goods shall be presented by the Commission before the comprehensive transitional period. Union sectors deemed at risk of carbon leakage are listed in Commission Delegated Decision 2019/70842 . __________________ 42Commission Delegated Decision (EU) 2019/708 of 15 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council concerning the determination of sectors and subsectors deemed at risk of carbon leakage for the period 2021 to 2030 (OJ L 120, 8.5.2019, p. 2).
2022/02/08
Committee: ITRE
Amendment 200 #

2021/0214(COD)

Proposal for a regulation
Recital 29
(29) The goods under this Regulation should be selected after a careful analysis of their relevance in terms of cumulated GHG emissions and risk of carbon leakage in the corresponding EU ETS sectors while limiting complexity and administrative burden for European industry, affected authorities, companies and SMEs. In particular, the actual selection should take into account basic materials and basic products covered by the EU ETS with the objective of ensuring that imports of energy intensive products into the Union are on equal footing with EU products in terms of EU ETS carbon pricing, and to mitigate risks of carbon leakage. Other relevant criteria to narrow the selection should be: firstly, relevance of sectors in terms of emissions, namely whether the sector is one of the largest aggregate emitters of GHG emissions; secondly, sector’s exposure to significant risk of carbon leakage, as defined pursuant to Directive 2003/87/EC; thirdly, the need to balance broad coverage in terms of GHG emissions while limiting complexity and administrative effort.
2022/02/08
Committee: ITRE
Amendment 202 #

2021/0214(COD)

Proposal for a regulation
Recital 11
(11) The CBAM seeks tointends to complement and progressively replace these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAMshould be phased out only after a comprehensive transitional period between 2026 and 2030 and once the CBAM has proven to be efficient, fit for purpose, operational and tested to mitigate the risk of carbon leakage. The combined application of EU ETS allowances allocated free of charge and of the CBAM is needed to allow producers, importers and traders to adjust to the new regime and to assess the effective implementation of the CBAM but should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union as continuous trade with third countries are essential for the Union and its diversified supply chains.
2022/02/15
Committee: ENVI
Amendment 221 #

2021/0214(COD)

Proposal for a regulation
Recital 38
(38) As importers of goods covered by this Regulation should not have to fulfil their CBAM obligations under this Regulation at the time of importation, specific administrative measures should be applied to ensure that the obligations are fulfilled at a later stage. Therefore, importers should only be entitled to import CBAM goods after they have been granted an authorisation by competent authorities responsible for the application of this Regulation.CBAM Authority (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2022/02/08
Committee: ITRE
Amendment 236 #

2021/0214(COD)

Proposal for a regulation
Recital 46
(46) To avoid risks of circumvention and improve the traceability of actual CO2 emissions from import of electricity and its use in goods, the calculation of actual emissions should only be permitted through a number of strict conditions. In particular, it should be necessary to demonstrate a firm nomination of the allocated interconnection capacity and that there is a direct contractual relation between the purchaser and the producer of the renewable and low carbon electricity, or between the purchaser and the producer of electricity having lower than default value emissions. .
2022/02/08
Committee: ITRE
Amendment 238 #

2021/0214(COD)

Proposal for a regulation
Recital 46 a (new)
(46 a) To reduce the risk of carbon leakage as well as to ensure a level playing field for European industry, all practices of circumvention shall be prohibited. The Commission shall evaluate the risk of circumvention practices, especially the likelihood of modified trade patterns towards downstream products, as well as resource shuffling, cost absorption, manipulation of emissions data, wrongful labelling of goods and slight modifications of the product so as to import a product under a different customs code of all sectors included in Annex I of this Regulation. The Commission shall be empowered to adopt delegated acts to strengthen anti- circumvention measures when appropriate.
2022/02/08
Committee: ITRE
Amendment 239 #

2021/0214(COD)

Proposal for a regulation
Recital 12
(12) While the objective of the CBAM is to prevent the risk of carbon leakage, this Regulation would also encourage the use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated. For that reason the CBAM could be an effective measure to lower emissions in third countries while ensuring European industry competitiveness. Reducing emissions in the Union as well as in third countries is an effective way to reduce the risk of carbon leakage. The CBAM should be seen as a step towards global pricing on carbon emissions which would further reduce the risk of carbon leakage globally.
2022/02/15
Committee: ENVI
Amendment 243 #

2021/0214(COD)

Proposal for a regulation
Recital 48
(48) Integration of third countries into the Union electricity market is an important drive for those countries to accelerate their transition to energy systems with high shares of renewable energies. Market coupling for electricity, as set out in Commission Regulation (EU) 2015/122246 , enables third countries to better integrate electricity from renewable and low carbon energies into the electricity market, to exchange such electricity in an efficient manner within a wider area, balancing supply and demand with the larger Union market, and reduce the carbon intensity of their electricity generation. Integration of third countries into the Union electricity market also contributes to the security of electricity supplies in those countries and in the neighbouring Member States. __________________ 46Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management (OJ L 197, 25.7.2015, p. 24).
2022/02/08
Committee: ITRE
Amendment 247 #

2021/0214(COD)

Proposal for a regulation
Recital 49 a (new)
(49 a) This Regulation shall progressively enter into force in two steps. Between 2023 and 2025 an administrative transitional period where Articles set out in Article 36 (a) and (c) of this Regulation shall apply. Between 2026 and 2030 a comprehensive transitional period where all Articles set out in Article 36 of this Regulation shall apply. During this period free allocation should remain in place.
2022/02/08
Committee: ITRE
Amendment 250 #

2021/0214(COD)

Proposal for a regulation
Recital 50
(50) An administrative transitional period without financial adjustment should apply during the period 2023 until 2025. A CBAM without financial adjustment should applyto 2025, with the objective to facilitate a smooth roll out of the mechanism hence reducing the risk of disruptive impacts on trade and European industry. Declarants should have to report on a quarterly basis the actual embedded emissions in goods imported during the administrative transitional period, detailing direct and indirect emissions as well as any carbon price paid abroad.
2022/02/08
Committee: ITRE
Amendment 250 #

2021/0214(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) While the surrendering of CBAM certificates for Union importers addresses the risk of carbon leakage on the internal market, it is essential that the CBAM would also seek to reduce the possibility of Union low-carbon exports being replaced by carbon-intensive items on third country markets or by goods that are not subject to equivalent climate policy and carbon costs, undermining the goal of lowering global emissions. It is therefore necessary to continue addressing the risk of carbon leakage associated with Union exports to third countries that have not yet limited or priced GHG emissions at the same levels as the Union.
2022/02/15
Committee: ENVI
Amendment 257 #

2021/0214(COD)

Proposal for a regulation
Recital 50 a (new)
(50 a) A comprehensive transitional period with financial adjustment should apply during the period 2026 to 2030, with the objective to facilitate a smooth roll out of the mechanism hence reducing the risk of disproportionate impacts on European industry.
2022/02/08
Committee: ITRE
Amendment 258 #

2021/0214(COD)

Proposal for a regulation
Recital 50 b (new)
(50 b) A temporary Carbon Leakage Protection Reserve should be established between 2031 to 2035, linked to the reduction of free allocation. Each year, the free allocation no longer provided to the CBAM sectors, based on the free allocation phase-out calculation, should be placed into the temporary Carbon Leakage Reserve. To this purpose the Commission shall every year, from 2031 to 2035, present to the parliament and Council a report on the effectiveness of this Regulation in lowering carbon leakage. By 28 February, the following year the Commission shall report to the Parliament and the Council on the entry into force of CBAM and its effectiveness during the preceding year. If the assessment is positive, the allowances placed in the reserve should automatically be auctioned. If the assessment proves negative impact on lowering carbon leakage, the allowances placed in the reserve should automatically be returned to industry, to mitigate the risk of carbon leakage.
2022/02/08
Committee: ITRE
Amendment 259 #

2021/0214(COD)

Proposal for a regulation
Recital 51
(51) To facilitate and ensure a proper functioning of the CBAM, the Commission should provide support to the competent authorities responsible for the application of this Regulation in carrying out their obligations.deleted
2022/02/08
Committee: ITRE
Amendment 265 #

2021/0214(COD)

Proposal for a regulation
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the administrative transitional period and report to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to possibly extend the scope of Annex I to indirect emissions, as well as to other goods and services at risk of carbon leakage, such as finished goods, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 .. The Commission should in particular focus on: (a) the impact on competitiveness of European industry and downstream industry, impact on SMEs, possible disproportionate administrative burden, possible circumvention practices, distortion in trade patterns and possibilities to enhance climate actions towards a climate neutral Union by 2050. Accompanied by proposals to avoid negative impact on such sectors; (b) a proposal to avoid possible carbon leakage in export markets; (c) a proposal to extend the scope of this Regulation to finished goods containing goods listed in Annex I; to ensure competitiveness of European manufacturing industry and prevent carbon leakage; __________________ 47Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
2022/02/08
Committee: ITRE
Amendment 268 #

2021/0214(COD)

Proposal for a regulation
Recital 13
(13) As an instrument to prevent carbon leakage and reduce GHG emissions the CBAM should ensure that imported products are subject to a regulatory system that applies carbon costs equivalent to the ones that otherwise would have been borne under the EU ETS. The CBAM is a climate measure which should prevent the risk of carbon leakage and support the Union’s increased ambition on climate mitigation, while ensuring WTO compatibility and industrial competitiveness.
2022/02/15
Committee: ENVI
Amendment 272 #

2021/0214(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) As CBAM is a mechanism that addresses the risk of carbon leakage on the internal market for Union imports, it is essential to avoid the risk that Union exports are replaced by more carbon intensive goods on the global market. Consequently, the Commission should analyse its implementation and effectiveness throughout the administrative transitional period and should by the end of that period submit a report to the European Parliament and to the Council that specifies the carbon leakage risk on export markets accompanied, where appropriate, by a legislative proposal to prevent the carbon leakage risk on export markets with safeguards in respect of products intended for export.
2022/02/15
Committee: ENVI
Amendment 275 #

2021/0214(COD)

Proposal for a regulation
Recital 52 a (new)
(52 a) During the comprehensive transitional period, biannual between 2025-2030 and every year thereafter until 2035, the Commission shall evaluate the application of this Regulation and report to the European parliament and the Council. The Commission should in particular focus on: (a) the impact on European industry and downstream industry of sectors listed in Annex I, and possible additional administrative burden; (b) the effectiveness of this Regulation in reducing carbon leakage and possible circumvention practices; and (c) the impact of CBAM on Union trade of goods listed in Annex I and possible distortion in trade patterns;
2022/02/08
Committee: ITRE
Amendment 275 #

2021/0214(COD)

Proposal for a regulation
Recital 13 b (new)
(13b) A centralised arrangement at Union level should be adopted to compensate sectors or sub-sectors which are exposed to a genuine risk of carbon leakage due to significant costs that are actually incurred from GHG emission costs passed on as a consequence of the gradual phase-out of free allocation in favour of the obligation to surrender CBAM certificates. It is appropriate to lay down measures in this Regulation to ensure that no distortions are created on the internal market. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the rules outlining this arrangement.
2022/02/15
Committee: ENVI
Amendment 278 #

2021/0214(COD)

Proposal for a regulation
Recital 13 c (new)
(13c) During the comprehensive transition period, but by 1 January 2028 Commission should evaluate the risk of carbon leakage in downstream sectors and end users, including from loss of exports, for operators that produce products covered by Regulation (EU) No 1308/2013 of the European Parliament and of the Council or which use those products as their main input as a cause of the gradual phase-out of free allocation in favour of the obligation to surrender CBAM certificates. To address this risk, the Commission should present legislative proposals under the Common Agricultural Policy.
2022/02/15
Committee: ENVI
Amendment 279 #

2021/0214(COD)

Proposal for a regulation
Recital 52 b (new)
(52 b) In case the CBAM is proven not to be efficient in lowering carbon leakage, creates disproportionate disadvantages for European industry or severe shortcomings appear in the implementation of this Regulation during the comprehensive transitional period, the Commission shall present a new or revised legislative proposal aiming at lowering carbon leakage in order for the Union to reach its goal of climate neutrality 2050.
2022/02/08
Committee: ITRE
Amendment 280 #

2021/0214(COD)

Proposal for a regulation
Recital 52 c (new)
(52 c) If the CBAM is challenged by WTO and as an effect not implemented, the Commission shall present a revised legislative proposal aiming at lowering carbon leakage.
2022/02/08
Committee: ITRE
Amendment 282 #

2021/0214(COD)

Proposal for a regulation
Recital 53
(53) In light of the above, a dialogue with third countries should continue and there should be space for cooperation and solutions that could inform the specific choices that will be made on the details of the design of the measure during the implementation, in particular during the transitional periods.
2022/02/08
Committee: ITRE
Amendment 286 #

2021/0214(COD)

Proposal for a regulation
Recital 54
(54) The Commission should strive to engage in an even handed manner and in line with the international obligations of the EU, with the third countries whose trade to the EU is affected by this Regulation, to explore possibilities for dialogue and cooperation with regard to the implementation of specific elements of the Mechanism set out this Regulation and related implementing acts. It should also explore possibilities for concluding agreements to take into account their carbon pricing mechanism, provided that they deliver equivalent GHG emissions reductions and carbon costs constraints.
2022/02/08
Committee: ITRE
Amendment 293 #

2021/0214(COD)

Proposal for a regulation
Recital 58
(58) In order for CBAM to be efficient in lowering carbon leakage, all possible circumvention practices should be addressed by this Regulation. In order to remedy circumvention of the provisions of this Regulation, the power to adopt acts in accordance with Article 290 of TFEU should be delegated to the Commission in respect of supplementing the list of goods in Annex I.
2022/02/08
Committee: ITRE
Amendment 296 #

2021/0214(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) The Commission should hold consultations and put forward a specific proposal on how part of revenues generated by CBAM could be dedicated to supporting decarbonisation process in third countries, especially in the least developed countries and the countries that are contracting parties to the Treaty establishing the Energy Community. As regards the latter countries the establishment of a system similar to EU ETS with view to alignment of prices with EU ETS should be the prerequisite.
2022/02/15
Committee: ENVI
Amendment 302 #

2021/0214(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to prevent the risk of carbon leakage from the EU and contribute to the reduction of global carbon emissions.
2022/02/08
Committee: ITRE
Amendment 303 #

2021/0214(COD)

Proposal for a regulation
Recital 17
(17) The GHG emissions to be regulated by the CBAM should correspond to those GHG emissions covered by Annex I to the EU ETS in Directive 2003/87/EC, namely carbon dioxide (‘CO2’) as well as, where relevant, nitrous oxide (‘N2O’) and perfluorocarbons (‘PFCs’). The CBAM should initially apply to direct emissions of those GHG from the production of goods up to the time of import into the customs territory of the Union, and after the end of athe administrative transitional period and upon further assessment on the impact on carbon leakage for energy-intensive sectors with a withdrawal of EU ETS indirect cost compensation, as well to indirect emissions, mirroring the scope of the EU ETS.
2022/02/15
Committee: ENVI
Amendment 316 #

2021/0214(COD)

Proposal for a regulation
Recital 19
(19) However, while the EU ETS sets an absolute cap on the GHG emissions from the activities under its scope and allows tradability of allowances (so called ‘cap and trade system’), the CBAM shouldmust not establish quantitative limits to import, so as to ensure that trade flows are not restricted or disrupted. Moreover, while the EU ETS applies to installations based in the Union, the CBAM should be applied to certain goods imported into the customs territory of the Union to ensure a level playing field and prevent the risk of carbon leakage while ensuring compatibility with the WTO rules.
2022/02/15
Committee: ENVI
Amendment 321 #
2022/02/08
Committee: ITRE
Amendment 336 #

2021/0214(COD)

Proposal for a regulation
Recital 23
(23) Given that the CBAM applies to imports of goods into the customs territory of the Union rather than to installations, certain adaptations and simplifications would also need to apply in the CBAM regime. One of those simplifications should consist in a declarative system where importers should report the total verified GHG emissions embedded in goods imported in a given calendar year. A different timing compared to the compliance cycle of the EU ETS should also be applied to avoid any potential bottleneck resulting from obligations for accredited verifiers under this Regulation and the EU ETS. Furthermore, the importers should have the option to prove, in accordance with Union standards for the monitoring, reporting and verification system, that the carbon content of their products is lower than the benchmark, and avail of a CBAM price adapted.
2022/02/15
Committee: ENVI
Amendment 348 #

2021/0214(COD)

Proposal for a regulation
Recital 24
(24) In terms of sanctions, Member States should apply penalties to infringements or circumvention practises of this Regulation and ensure that they are implemented. The amount of those penalties should be identical to penalties currently applied within the Union in case of infringement of EU ETS according to Article 16(3) and (4) of Directive 2003/87/EC.
2022/02/15
Committee: ENVI
Amendment 355 #

2021/0214(COD)

Proposal for a regulation
Recital 28
(28) Whilst the ultimate objective of the CBAM is a broader product coverage, it would beis prudent to start with a selected number of sectors with relatively homogeneous products where there is a risk of carbon leakage. The Commission should consider to further extend the scope of included goods, when CBAM is proven efficient to reduce carbon leakage for the sectors included in Annex I of this Regulation. A proposal of the inclusion of finished goods should be presented by the Commission before the start of comprehensive transitional period. Union sectors deemed at risk of carbon leakage are listed in Commission Delegated Decision 2019/70842 . __________________ 42Commission Delegated Decision (EU) 2019/708 of 15 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council concerning the determination of sectors and subsectors deemed at risk of carbon leakage for the period 2021 to 2030 (OJ L 120, 8.5.2019, p. 2).
2022/02/15
Committee: ENVI
Amendment 366 #

2021/0214(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 11
(11) ‘competent authority’ means the authority, designated by each Member State in accordance with Article 11 of this Regulation;deleted
2022/02/08
Committee: ITRE
Amendment 372 #

2021/0214(COD)

Proposal for a regulation
Recital 29
(29) The goods under this Regulation should be selected after a careful analysis of their relevance in terms of cumulated GHG emissions and risk of carbon leakage in the corresponding EU ETS sectors while limiting complexity and administrative burden for European industry, companies and SMEs. In particular, the actual selection should take into account basic materials and basic products covered by the EU ETS with the objective of ensuring that imports of energy intensive products into the Union are on equal footing with EU products in terms of EU ETS carbon pricing, and to mitigate risks of carbon leakage. Other relevant criteria to narrow the selection should be: firstly, relevance of sectors in terms of emissions, namely whether the sector is one of the largest aggregate emitters of GHG emissions; secondly, sector’s exposure to significant risk of carbon leakage, as defined pursuant to Directive 2003/87/EC; thirdly, the need to balance broad coverage in terms of GHG emissions while limiting complexity and administrative effort.
2022/02/15
Committee: ENVI
Amendment 405 #

2021/0214(COD)

Proposal for a regulation
Recital 38
(38) As importers of goods covered by this Regulation should not have to fulfil their CBAM obligations under this Regulation at the time of importation, specific administrative measures should be applied to ensure that the obligations are fulfilled at a later stage. Therefore, importers should only be entitled to import CBAM goods after they have been granted an authorisation by competent authorities responsible for the application of this Regulation.the CBAM authority. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2022/02/15
Committee: ENVI
Amendment 420 #

2021/0214(COD)

Proposal for a regulation
Recital 46
(46) To avoid risks of circumvention and improve the traceability of actual CO2 emissions from import of electricity and its use in goods, the calculation of actual emissions should only be permitted through a number of strict conditions. In particular, it should be necessary to demonstrate a firm nomination of the allocated interconnection capacity and that there is a direct contractual relation between the purchaser and the producer of the renewable and low carbon electricity, or between the purchaser and the producer of electricity having lower than default value emissions. .
2022/02/15
Committee: ENVI
Amendment 423 #

2021/0214(COD)

Proposal for a regulation
Recital 46 a (new)
(46a) To reduce the risk of carbon leakage as well as to ensure a level playing field for European industry, all practices of circumvention should be prohibited. The Commission should evaluate the risk of circumvention practices in all sectors included in Annex I, especially the likelihood of transshipment, modified trade patterns towards downstream products, as well as resource shuffling, cost absorption, manipulation of emissions data, wrongful labelling of goods and slight modifications of the product so as to import a product under a different customs code . The Commission should be empowered to adopt, when appropriate, delegated acts to strengthen anti- circumvention measures .
2022/02/15
Committee: ENVI
Amendment 429 #

2021/0214(COD)

Proposal for a regulation
Recital 48
(48) Integration of third countries into the Union electricity market is an important drive for those countries to accelerate their transition to energy systems with high shares of renewable energies. Market coupling for electricity, as set out in Commission Regulation (EU) 2015/122246 , enables third countries to better integrate electricity from renewable and low carbon energies into the electricity market, to exchange such electricity in an efficient manner within a wider area, balancing supply and demand with the larger Union market, and reduce the carbon intensity of their electricity generation. Integration of third countries into the Union electricity market also contributes to the security of electricity supplies in those countries and in the neighbouring Member States. __________________ 46Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management (OJ L 197, 25.7.2015, p. 24).
2022/02/15
Committee: ENVI
Amendment 433 #

2021/0214(COD)

Proposal for a regulation
Recital 49 a (new)
(49a) This Regulation should progressively enter into force in two steps. Between 2023 and 2025 an administrative transitional period in which Article 36(3) (a) and(c) should apply. Between 2026 and 2030 a comprehensive transitional period in which Article 36 should apply. During this second period free allocation should remain in place.
2022/02/15
Committee: ENVI
Amendment 436 #

2021/0214(COD)

Proposal for a regulation
Chapter III – title
III Competent aCBAM Authoritiesy
2022/02/08
Committee: ITRE
Amendment 437 #

2021/0214(COD)

Proposal for a regulation
Article 11 – title
Competent aAppointment of the CBAM Authoritiesy
2022/02/08
Committee: ITRE
Amendment 437 #

2021/0214(COD)

Proposal for a regulation
Recital 50
(50) An administrative transitional period without financial adjustment should apply during the period 2023 until 2025. A CBAM without financial adjustment should applyto 2025, with the objective to facilitate a smooth roll out of the mechanism hence reducing the risk of disruptive impacts on trade and European industry. Declarants should have to report on a quarterly basis the actual embedded emissions in goods imported during the administrative transitional period, detailing direct and indirect emissions as well as any carbon price paid abroad.
2022/02/15
Committee: ENVI
Amendment 440 #

2021/0214(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Each Member State shall designate the competent authority to carry out the obligations under this Regulation and inform the Commission thereof. The Commission shall make available to the Member States a list of all competent authorities and publish this information in the Official Journal of the European Union.deleted
2022/02/08
Committee: ITRE
Amendment 445 #

2021/0214(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
The Commission shall make available to the Member States a list of all competent authorities and publish this information in the Official Journal of the European Union.deleted
2022/02/08
Committee: ITRE
Amendment 449 #

2021/0214(COD)

Proposal for a regulation
Article 11 – paragraph 1 a (new)
1a. The Commission shall appoint the competent authority to perform obligations referred to in Articles 17 to 24 as the CBAM Authority.
2022/02/08
Committee: ITRE
Amendment 449 #

2021/0214(COD)

Proposal for a regulation
Recital 50 a (new)
(50a) A comprehensive transitional period with financial adjustment should apply during the period 2026 to 2030, with the objective to facilitate a smooth roll out of the mechanism hence reducing the risk of disproportionate impacts on European industry, downstream sectors and end users, as well as on importers and third country producers.
2022/02/15
Committee: ENVI
Amendment 451 #

2021/0214(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Member States shall require that competent authorities exchange any information that is essential or relevant to the exercise of their functions and duties.deleted
2022/02/08
Committee: ITRE
Amendment 451 #

2021/0214(COD)

Proposal for a regulation
Recital 50 b (new)
(50b) A temporary Carbon Leakage Protection Reserve should be established between 2031 to 2035, linked to the reduction of free allocation. Each year, the free allocation no longer provided to the CBAM sectors, based on the free allocation phase-out calculation, should be placed into the temporary Carbon Leakage Protection Reserve. For that purpose the Commission should present every year, from 2031 to 2035, to the Parliament and to the Council a report on the effectiveness of this Regulation in lowering carbon leakage. By 28 February of the year following the presentation of the report the Commission should report to the Parliament and to the Council on the entry into force of CBAM and its effectiveness during the preceding year. If the Commission’s assessment is positive about the effectiveness of this Regulation in addressing carbon leakage, the allowances placed in the reserve should be automatically auctioned. If the Commission’s assessment finds that this Regulation does not effectively lower carbon leakage, the allowances placed in the reserve should be automatically returned to industry, to mitigate the risk of carbon leakage.
2022/02/15
Committee: ENVI
Amendment 453 #

2021/0214(COD)

Proposal for a regulation
Recital 51
(51) To facilitate and ensure a proper functioning of the CBAM, the Commission should provide support to the competent authorities responsible for the application of this Regulation in carrying out their obligations.deleted
2022/02/15
Committee: ENVI
Amendment 458 #

2021/0214(COD)

Proposal for a regulation
Article 12 – title
Commission Decisions taken by the CBAM Authority 1. The CBAM Authority shall, without delay, take any decision that is required to implement the provisions of this Regulation. 2. Any decision of the CBAM Authority shall take effect from the date of its notification to the holder of the decision. 3. If the CBAM Authority considers that it does not have all the necessary information to take a decision, it shall contact the holder of the decision and specify what additional information is required. The holder of the decision shall submit the required information to the CBAM Authority without delay. 4. The holder of the decision shall inform the CBAM Authority without delay of any changes to the information provided arising after the decision was taken, which may influence its continuation or content. In this case, the CBAM Authority shall reassess its decision in light of that information. 5. Any decision taken by the CBAM Authority which adversely affects the holder of the decision shall set out the grounds on which it is based and shall include a reference to the right of appeal provided for in Article 27a. Before the decision is taken, the CBAM Authority shall give the holder of the decision the opportunity to make its point of view known to the CBAM Authority within a given period of time. Following the expiry of that period, the holder of the decision shall be notified of the decision in the appropriate form. 6. The CBAM Authority may, at any time, annul, revoke or amend its decision upon reasoned request by the holder of the decision or on its own initiative, if appropriate. 7. The Commission shall specify, by means of implementing acts, any further detailed arrangement or procedural rule concerning the decision-making of the CBAM Authority. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article [29(2)].
2022/02/08
Committee: ITRE
Amendment 458 #

2021/0214(COD)

Proposal for a regulation
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the administrative transitional period and report to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to possibly extend the scope of Annex I to indirect emissions, as well as to other goods and services at risk of carbon leakage, such as finished goods, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . The Commission should in particular focus on the impact on competitiveness of European industry and downstream industry, impact on SMEs, possible disproportionate administrative burden, possible circumvention practices, distortion in trade patterns and possibilities to enhance climate actions towards a climate neutral Union by 2050; accompanied by proposals to avoid negative impact on such sectors; a proposal to avoid possible carbon leakage in export markets; a proposal to extend the scope of this Regulation to finished goods containing goods listed in Annex I; to ensure the competitiveness of European manufacturing industry and prevent carbon leakage. __________________ 47Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
2022/02/15
Committee: ENVI
Amendment 460 #

2021/0214(COD)

Proposal for a regulation
Article 12 – paragraph 1
The Commission shall assist the competent authorities in carrying out their obligations under this Regulation and coordinate their activities.deleted
2022/02/08
Committee: ITRE
Amendment 468 #

2021/0214(COD)

Proposal for a regulation
Article 14 – title
National registries and central database CBAM Registry 1. The CBAM Authority shall set up a CBAM Registry for the execution of processes relating to CBAM certificates, in accordance with the conditions set in Articles 22to 26. 2. The CBAM Registry shall contain a database with information about each authorised declarant, in particular:(a) name and contact details of the authorised declarant;(b) EORI number of the authorised declarant;(c) CBAM account number;(d) number, price and date of purchase of CBAM certificates held by each authorised declarant. 3. The CBAM Registry shall also contain, in a separate section of the database, the names and additional details of the operator and of the third country installations registered in accordance with Article 11. 4. This database shall be confidential. Only the names of the authorised declarants and of the operator and of the third country installations included in the database shall be accessible to the public. 5. The Commission shall adopt implementing acts concerning the infrastructure and specific processes of the CBAM Registry and the electronic databases containing the information above. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29(2).
2022/02/08
Committee: ITRE
Amendment 471 #

2021/0214(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. The competent authority of each Member State shall establish a national registry of declarants authorised in that Member State in the form of a standardised electronic database containing the data regarding the CBAM certificates of those declarants, and to provide for confidentiality in accordance with the conditions set out in Article 13.deleted
2022/02/08
Committee: ITRE
Amendment 475 #

2021/0214(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. The database referred to in paragraph 1 shall contain accounts with information about each authorised declarant, in particular: (a) the name and contact details of the authorised declarant; (b) the EORI number of the authorised declarant; (c) (d) date of purchase, the date of surrenddeleted the CBAM account number; the number, or the date of re-purchase, or that of the cancellation by the competent authority, of CBAM certificates for each authorised declarant.price of sale, the
2022/02/08
Committee: ITRE
Amendment 478 #

2021/0214(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. The information in the database referred to in paragraph 2 shall be confidential.deleted
2022/02/08
Committee: ITRE
Amendment 480 #

2021/0214(COD)

Proposal for a regulation
Recital 52 a (new)
(52a) During the comprehensive transitional period, bi-annual between 2025 and 2030 and every year thereafter until 2035, the Commission should evaluate the application of this Regulation and report to the European Parliament and to the Council. The Commission should in particular focus on the impact on European industry and downstream industry of sectors listed in Annex I, and possible additional administrative burden, the effectiveness of this Regulation in reducing carbon leakage and possible circumvention practices, and the impact of CBAM on Union trade of goods listed in Annex I and possible distortion in trade patterns, as well as the assessment of the impact of CBAM on emissions from sectors producing goods listed in Annex I, relating to both emissions in the Union and emissions embedded in Union imports of those goods, and the export of those goods to third countries from third country installations exporting to the Union. If the distortions in trade patterns point at the possibility of circumvention of the Regulation by excessive importation before the end of comprehensive transition period, CBAM Authority should apply the obligation to surrender CBAM certificates for the emissions from excessive imports in the first year after the end of comprehensive transition period.
2022/02/15
Committee: ENVI
Amendment 483 #

2021/0214(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. The Commission shall establish a central database accessible to the public containing the names, addresses and contact details of the operators and the location of installations in third countries in accordance with Article 10(2). An operator may choose not to have its name, address and contact details accessible to the public.deleted
2022/02/08
Committee: ITRE
Amendment 485 #

2021/0214(COD)

Proposal for a regulation
Recital 52 b (new)
(52b) In the event that the CBAM is proven not to be efficient in lowering carbon leakage, the Commission should present a new or revised legislative proposal that aims to lower carbon leakage. Once the CBAM has fully demonstrated its WTO-compatibility, its effectiveness in equalising CO2 costs between imported and domestic products and in protecting the competitiveness of Union exports, the free allocation received by the sectors within the scope of the CBAM should be gradually phased out, however not prior to2030. That phase-out of free allocation should be kept under review following the entry into force and, in light of the effective implementation of the CBAM.
2022/02/15
Committee: ENVI
Amendment 487 #

2021/0214(COD)

Proposal for a regulation
Recital 52 c (new)
(52c) If the CBAM is challenged by WTO and as an effect cancelled or not implemented, the Commission should present a legislative proposal aiming at lowering carbon leakage. In this situation free allowances should no longer be phased out, and those already placed in the Carbon Border Adjustment Reserve should automatically be returned to industry, to mitigate the risk of carbon leakage.
2022/02/15
Committee: ENVI
Amendment 489 #

2021/0214(COD)

Proposal for a regulation
Recital 52 d (new)
(52d) In the event that the Commission in its annual report between 2031-2035 concludes that, the CBAM has been effectively implemented in a way that leads to a level of carbon leakage protection at least equivalent to that of the free allocation system which it replaces under this Regulation, the allowances placed in the Carbon Border Adjustment Reserve for the preceding calendar year should be made available to support innovation in accordance with Article 10a(8) of Directive 2003/87/EC.
2022/02/15
Committee: ENVI
Amendment 490 #

2021/0214(COD)

Proposal for a regulation
Article 15
1. central administrator to maintain an independent transaction log recording the purchase of CBAM certificates, their holding, surrender, re-purchase and cancellation and ensure coordination of national registries. 2. carry out risk-based controls on transactions recorded in national registries through an independent transaction log to ensure that there are no irregularities in the purchase, holding, surrender, re-purchase and cancellation of CBAM certificates. 3. result of tArticle 15 deleted Central administrator The Commission shall act as The coentrols carried out under paragraph 2, the Commission shall inform the Member State or Member States concerned for further investigation in order to correct the identified irregularities.al administrator shall If irregularities are identified as a
2022/02/08
Committee: ITRE
Amendment 490 #

2021/0214(COD)

Proposal for a regulation
Recital 52 e (new)
(52e) In the event that the Commission in its report concludes that the CBAM has not been effectively implemented in a way that leads to a level of carbon leakage protection at least equivalent to that of the free allocation system which it replaces, the allowances placed in the Carbon Border Adjustment Reserve for the preceding calendar year should be reallocated to installations in accordance with Article10a(1) of Directive 2003/87/EC.
2022/02/15
Committee: ENVI
Amendment 491 #

2021/0214(COD)

Proposal for a regulation
Recital 52 f (new)
(52f) During the first years of implementation of this Regulation, the production of products listed in Annex I should benefit from free allocation in reduced amounts. A factor reducing the free allocation for the production of those products should be applied (CBAM factor). The CBAM factor should be equal to 100 % for the period between 2026 and the end of 2030, 80 % in 2031 and should be reduced by 20 percentage points each year to reach 0 % by the fifth year.
2022/02/15
Committee: ENVI
Amendment 492 #

2021/0214(COD)

Proposal for a regulation
Recital 52 g (new)
(52g) Member States should be able to adopt transitional financial measures in favour of sectors or subsectors which suffer loss of production, employment, sales or profitability caused by an increase in GHG emission costs resulting from the gradual withdrawal of free allowances pursuant to Article 10a(1a) of Directive 2003/87/EC and lack of comparably stringent emission reduction obligations in third countries and provided that the CBAM is not fully effective in protecting against such carbon leakage and that such financial measures are in accordance with State aid rules. The sectors or subsectors should be determined individually at Member State level, based on factors characteristic to that Member State, such as trade intensity with third countries and emission intensity within the sector or subsector concerned.
2022/02/15
Committee: ENVI
Amendment 494 #

2021/0214(COD)

Proposal for a regulation
Recital 53
(53) In light of the above, a dialogue with third countries should continue and there should be space for cooperation and solutions that could inform the specific choices that will be made on the details of the design of the measure during the implementation, in particular during the transitional periods.
2022/02/15
Committee: ENVI
Amendment 496 #

2021/0214(COD)

Proposal for a regulation
Article 16 – title
Accounts in the national registries CBAM Registry 1. The CBAM Authority shall assign to each authorised declarant a unique CBAM account number. Each declarant shall be granted access to its account in the CBAM Registry to fulfil its obligations pursuant to Article 10. 2. The CBAM Authority shall set up the account at the time of authorisation and notify the authorised declarant thereof. 3. If the authorised declarant has ceased activity or the CBAM authorisation is withdrawn, the CBAM Authority shall close the account of that declarant. 4. The Commission shall adopt implementing acts laying down procedures concerning the accounts of the CBAM Registry. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29(2).
2022/02/08
Committee: ITRE
Amendment 498 #

2021/0214(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The competent authority shall assign to each authorised declarant a unique CBAM account number.deleted
2022/02/08
Committee: ITRE
Amendment 501 #

2021/0214(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. Each authorised declarant shall be granted access to its account in the registry.deleted
2022/02/08
Committee: ITRE
Amendment 503 #

2021/0214(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. The competent authority shall set up the account as soon as the authorisation referred to in Article 17(1) is granted and notify the authorised declarant thereof.deleted
2022/02/08
Committee: ITRE
Amendment 504 #

2021/0214(COD)

Proposal for a regulation
Article 16 – paragraph 4
4. If the authorised declarant has ceased its economic activity or its authorisation was revoked, the competent authority shall close the account of that declarant.deleted
2022/02/08
Committee: ITRE
Amendment 505 #

2021/0214(COD)

Proposal for a regulation
Recital 54
(54) The Commission should strive to engage in an even handed manner and in line with the international obligations of the EU, with the third countries whose trade to the EU is affected by this Regulation, to explore possibilities for dialogue and cooperation with regard to the implementation of specific elements of the Mechanism set out this Regulation and related implementing acts. It should also explore possibilities for concluding agreements to take into account their carbon pricing mechanism, provided that they deliver equivalent GHG emissions reductions and carbon costs constraints.
2022/02/15
Committee: ENVI
Amendment 516 #

2021/0214(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. If the competent authority refuses to authorise a declarant, the declarant requesting the authorisation may, prior to an appeal, object to the relevant authority under national law, who shall either instruct the national administrator to open the account or uphold the refusal in a reasoned decision, subject to requirements of national law that pursue a legitimate objective compatible with this Regulation and are proportionate.deleted
2022/02/08
Committee: ITRE
Amendment 521 #

2021/0214(COD)

Proposal for a regulation
Recital 58
(58) In order for CBAM to be efficient in lowering carbon leakage, all possible circumvention practices should be addressed by this Regulation. In order to remedy circumvention of the provisions of this Regulation, the power to adopt acts in accordance with Article 290 of TFEU should be delegated to the Commission in respect of supplementing the list of goods in Annex I.
2022/02/15
Committee: ENVI
Amendment 523 #

2021/0214(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point c
(c) the CBAM account number in the CBAM Registry.
2022/02/08
Committee: ITRE
Amendment 535 #

2021/0214(COD)

Proposal for a regulation
Article 17 – paragraph 8 a (new)
8a. The CBAM Authority may verify the accuracy and completeness of the information given by the applicant in accordance with Article 5(3) and the existence, authenticity, accuracy and validity of any supporting document. Such controls may be carried out at the premises of the applicant.
2022/02/08
Committee: ITRE
Amendment 539 #

2021/0214(COD)

Proposal for a regulation
Article 17 – paragraph 9 a (new)
9a. The Commission shall adopt, by means of implementing acts, the modalities for the application of the criteria referred to in paragraph 1 and for guarantees referred to in paragraph 6. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29(2).
2022/02/08
Committee: ITRE
Amendment 541 #

2021/0214(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to prevent the risk of carbon leakage from the Union and contribute to the reduction of global GHG emissions.
2022/02/15
Committee: ENVI
Amendment 542 #

2021/0214(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. In addition to paragraph 1, a national accreditation bodThe CBAM Authority may on request accredit a person as a verifier under this Regulation after checking the documentation attesting its capacity to apply the verification principles referred to Annex V to perform the obligations of control of the embedded emissions established in Articles 8, 10 and 38.
2022/02/08
Committee: ITRE
Amendment 557 #

2021/0214(COD)

Proposal for a regulation
Article 19 – paragraph 4
4. The recipient of the notification referred to in paragraph 3 may lodge an appeal of the notification. The recipient of the notification shall be provided with information regarding the procedure to be followed in the event of an appeal.deleted
2022/02/08
Committee: ITRE
Amendment 560 #

2021/0214(COD)

Proposal for a regulation
Article 19 a (new)
Article 19 a Revenues The revenues generated by the sale of CBAM certificates shall constitute internal assigned revenue in accordance with Article 21(4) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council . They shall be assigned to cover the costs of the operation and maintenance of the CBAM Authority. Any revenue remaining after covering these costs shall be assigned to the Union budget.
2022/02/08
Committee: ITRE
Amendment 570 #

2021/0214(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. The mechanism will progressiveintends to complement and gradually become an alternative to the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge in accordance with Article 10a of that Directive.
2022/02/15
Committee: ENVI
Amendment 585 #

2021/0214(COD)

Proposal for a regulation
Article 22 – paragraph 4
4. The recipient of the notification referred to in paragraph 3 may lodge an appeal of the notification. The recipient of the notification shall be provided with information regarding the procedure to be followed in the event of an appeal.deleted
2022/02/08
Committee: ITRE
Amendment 598 #

2021/0214(COD)

Proposal for a regulation
Article 25 – paragraph 5 a (new)
5a. As of the initiation of investigations under Articles 28 and 29 and having informed the Member States in due time, the Commission may direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports shall be made subject to registration following a request, from the Union industry, which contains sufficient evidence to justify such action. Imports may also be made subjecte introduced by Commission regulation. Such regulation shall specify the purpose of the action and, if appropriate, the estimated amount of possible future liability. Imports shall not be made subject to registration for a period longer than nine months.
2022/02/08
Committee: ITRE
Amendment 606 #

2021/0214(COD)

Proposal for a regulation
Article 26 – paragraph 4 – point f
(f) of the right of the authorised declarant or of the person to appeal under national rules.deleted
2022/02/08
Committee: ITRE
Amendment 616 #

2021/0214(COD)

Proposal for a regulation
Article 27 – paragraph 2
2. Practices of circumvention include situations where a change in the pattern of trade in relation to goods included in the scope of this Regulation, whether slightly modified or not, stems from a practice, process or work that have has insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation and consist in replacing those goods with slightly modified products, which are not included in the list of goods in Annex I but belong to a sector included in the scope of this Regulation, or undermining their effects, including on overall GHG emissions and on prices of the like products.
2022/02/08
Committee: ITRE
Amendment 618 #

2021/0214(COD)

Proposal for a regulation
Article 27 – paragraph 2 – point 1 (new)
(1) The practice, processor work referred to in the first subparagraph include, inter alia:
2022/02/08
Committee: ITRE
Amendment 619 #

2021/0214(COD)

Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1 (new)
(a) the slight modification of a product to make it fall under another customs code which are not subject to the obligations of this Regulation; b) false declarations regarding identity of the producer, the product concerned, the nature of the product concerned or the production process; (c) the consignment of the product concerned via third countries where no or more favourable obligations apply; (d) the reorganisation by exporters or producers of their patterns and channels of sales in order to avoid obligations of this Regulation, or undermine their effects, for instance via practices of resource shuffling. Resource shuffling shall be defined as any practice, process or work that that have insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation, or undermining their effects, without delivering environmental benefits on global GHG emissions; (e) in the circumstances indicated in paragraph 2, the assembly of parts by an assembly operation in the Union or a third country.
2022/02/08
Committee: ITRE
Amendment 634 #

2021/0214(COD)

Proposal for a regulation
Chapter VI a (new)
Appeals Article 27a Appeals against decisions taken by the CBAM Authority 1. An appeal shall lie from decisions of the CBAM Authority that adversely affect any interested person, including decisions on penalties, circumvention and actual mission values. Those decisions shall take effect only as from the date of expiration of the appeal period of two months. The filing of the appeal shall have suspensive effect. Products concerned by an appeal will be subject to registration according to Article 25(5a). 2. Any party to proceedings adversely affected by a decision may appeal. Any other parties to the proceedings shall be parties to the appeal proceedings as of right. 3. The Board of Appeal shall be newly set up and consist of three full members, to be respectively appointed by the Council, by the European Parliament and by the Commission. The chair will be appointed by the Council. The Council and the European Parliament will respectively appoint two additional alternate members. 4. The Commission shall adopt delegated acts pursuant to Article 28, to define the composition, the appointment and the procedures of the Board of Appeal with a view to assure the independence of its members, including during the transitional period. During the transitional period the Commission will hold the functions of the Board of Appeal. Article 27b Examination of appeals 1. The Board of Appeal shall examine whether the appeal is admissible. 2. In the examination of the appeal, the Board of Appeal shall invite the parties, as often as necessary, to file observations, within a period to be fixed by the Board of Appeal, on communications from the other parties or issued by itself. 3. Following the examination as to the admissibility of the appeal, the Board of Appeal shall decide on the appeal. The Board of Appeal may either exercise any power within the competence of the CBAM Authority or remit the case to the latter for further prosecution. 4. If the Board of Appeal remits the case for further prosecution to the CBAM Authority, the latter shall be bound by the line of reasoning of the Board of Appeal, in so far as the facts are the same. 5. The decisions of the Board of Appeal shall take effect only as from the date of expiry of a period of two months, if an action has been brought before the General Court within that period, as from the date of dismissal of such action or of any appeal filed with the Court of Justice against the decision of the General Court. Article 27c Actions before the Court of Justice 1. Actions may be brought before the General Court against decisions of the Boards of Appeal in relation to appeals. 2. Actions may be brought before the General Court against any decision of the CBAM Authority. In this case administrative appeal under Article 27b will be precluded. 3. The action may be brought on grounds of lack of competence, infringement of an essential procedural requirement, infringement of the TFEU, infringement of this Regulation or of any rule of law relating to their application or misuse of power. 4. The General Court shall have jurisdiction to annul or to alter the contested decision. 5. The action shall be open to any party to proceedings before the Board of Appeal adversely affected by its decision. 6. The action shall be brought before the General Court within two months of the date of notification of the decision of the Board of Appeal in case of action under paragraph 1 of this Article and within two month of the date of the notification of the decision of the CBAM Authority in case of actions under paragraph 2 of this Article. 7. The CBAM Authority shall take the necessary measures to comply with the judgment of the General Court or, in the event of an appeal against that judgment, the Court of Justice.
2022/02/08
Committee: ITRE
Amendment 643 #

2021/0214(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 11
(11) ‘competentCBAM authority means the authority, designated by each Member State appointed in accordance with Article 11 of this Regulation;
2022/02/15
Committee: ENVI
Amendment 652 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 2
2. Before the end of the transitional 2. period, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contaThe Commission should evaluate the application of this Regulation before the end of the administrative transitional period and report to the European Parliament and the Council. The first report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to possibly extend the scope of Annex I to indirect emissions, as well as to other goods and services at risk of carbon leakage, such as finished goods, and to develop methods of calculating embedded emissions based on the environmental footprint methods: (a) the impact on competitiveness of European industry and downstream industry, impact on SMEs, possible disproportionate administrative burden, possible circumvention practices, distortion in trade patterns and possibilities to enhance climate actions towards a climate neutral Union by 2050. Accompanied by proposals to avoid negative impact on such sectors; (b) a proposal to avoid possible carbon leakage in export markets; (c) a proposal to extend the scope of this Regulation to finished goods containing goods listed in Annex I; to ensure competitiveness of European manufacturin,g in particular,dustry and prevent carbon leakage; (d) the assessment of the possibilities to further extend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of the governance system. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future.
2022/02/08
Committee: ITRE
Amendment 667 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 2 a (new)
2a. During the comprehensive transitional period, biannual between 2025-2030 and every year thereafter until 2035 the Commission shall evaluate the application of this Regulation and report to the European parliament and the Council. The Commission should in particular focus on: (a) the impact on European industry and downstream industry of sectors listed in Annex I, as well as on SMEs and possible additional administrative burden for SMEs; (b) the effectiveness of this Regulation in reducing carbon leakage and possible circumvention practices; and (c) the impact of CBAM on Union trade of goods listed in Annex I and possible distortion in trade patterns;
2022/02/08
Committee: ITRE
Amendment 674 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 3 a (new)
3a. In case the CBAM is proven not to be efficient in lowering carbon leakage, the Commission shall present a new or revised legislative proposal aiming at lowering carbon leakage. Once the CBAM has fully demonstrated its WTO- compatibility, its effectiveness in equalising CO2 costs between imported and domestic products and in protecting the competitiveness of European exports, the free allocation received by these sectors should be gradually phased out, however not prior to 2030. This phase-out of free allocation should be kept under review in light of the entry into force and effective implementation of the Carbon Border Adjustment Mechanism.
2022/02/08
Committee: ITRE
Amendment 676 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 3 b (new)
3b. In the event that the Commission in its annual report between 2031-2035 concludes that, the CBAM has been effectively implemented in a way that leads to a level of carbon leakage protection at least equivalent to that of the free allocation system which it replaces under this Article, the allowances placed in the Carbon Border Adjustment Reserve for the preceding calendar year shall be made available to support innovation in accordance with Article 10a(8) of Directive 2003/87/EC.
2022/02/08
Committee: ITRE
Amendment 677 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 3 c (new)
3c. In the event that the Commission in its report concludes that the CBAM has not been effectively implemented in a way that leads to a level of carbon leakage protection at least equivalent to that of the free allocation system which it replaces, the allowances placed in the Carbon Border Adjustment Reserve for the preceding calendar year shall be reallocated to installations in accordance with Article10a(1) of Directive 2003/87/EC.
2022/02/08
Committee: ITRE
Amendment 694 #

2021/0214(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)
(ca) copy of the verification report issued by the verifier under Article 8 and Annex V
2022/02/15
Committee: ENVI
Amendment 695 #

2021/0214(COD)

Proposal for a regulation
Article 31 – paragraph 2 a (new)
2a. For the first years of operation of this Regulation, the production of products listed in Annex I shall benefit from free allocation in reduced amounts. A factor reducing the free allocation for the production of those products shall be applied (CBAM factor). The CBAM factor shall be equal to 100 % for the period between 2026 and the end of 2030, 80 % in 2031 and shall be reduced by 20 percentage points each year to reach 0 % by the fifth year.
2022/02/08
Committee: ITRE
Amendment 700 #

2021/0214(COD)

Proposal for a regulation
Article 32 – paragraph 1
During the administrative transitional period of this Regulation, the CBAM mechanism shall apply as a reporting obligation as set out in Articles 33 to 35.
2022/02/08
Committee: ITRE
Amendment 745 #

2021/0214(COD)

Proposal for a regulation
Annex III – point 4 – point 4.1 – paragraph 1
When actual emissions cannot be adequately determined by the authorised declarant, default values shall be used. These values shall be set at the average emission intensity of the worst 10 per cent worst performing installations of each exporting country and for each of the goods listed in Annex I other than electricity, increased by a mark-up, the latter to be determined in the implementing acts of this Regulation. When reliable data for the exporting country cannot be applied for a type of goods, the default values shall be based on the average emission intensity of the 105 per cent worst performing EU installations for that type of goods.
2022/02/08
Committee: ITRE
Amendment 776 #

2021/0214(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The Commission shall, upon request by an operator of an installation located in a third country, register the information on that operator and on its installation in a central databaseCBAM registry referred to in Article 14(4).
2022/02/15
Committee: ENVI
Amendment 786 #

2021/0214(COD)

Proposal for a regulation
Article 10 – paragraph 7
7. An operator may disclose tThe information on the verification ofed embedded emissions referred to in paragraph 5 to an authorised declarantshall be publicly accessible via the CBAM registry. The authorised declarant shall be entitled to avail itself of that disclosed information to fulfil the obligation referred to in Article 8.
2022/02/15
Committee: ENVI
Amendment 795 #

2021/0214(COD)

Proposal for a regulation
Chapter III – title
Competent authoritiesBAM authority (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2022/02/15
Committee: ENVI
Amendment 797 #

2021/0214(COD)

Proposal for a regulation
Article 11 – title
CompetentAppointment of the CBAM authoritiesy
2022/02/15
Committee: ENVI
Amendment 798 #

2021/0214(COD)

Proposal for a regulation
Article 11 – paragraph -1 (new)
-1. The Commission shall appoint the competent authority to perform the obligations referred to in Articles 17 to 24 as the CBAM authority.
2022/02/15
Committee: ENVI
Amendment 801 #

2021/0214(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Each Member State shall designate the competent authority to carry out the obligations under this Regulation and inform the Commission thereof. The Commission shall make available to the Member States a list of all competent authorities and publish this information in the Official Journal of the European Union.deleted
2022/02/15
Committee: ENVI
Amendment 807 #

2021/0214(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
The Commission shall make available to the Member States a list of all competent authorities and publish this information in the Official Journal of the European Union.deleted
2022/02/15
Committee: ENVI
Amendment 811 #

2021/0214(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Member States shall require that competent authorities exchange any information that is essential or relevant to the exercise of their functions and duties.deleted
2022/02/15
Committee: ENVI
Amendment 816 #

2021/0214(COD)

Proposal for a regulation
Article 12 – title
CommissionDecisions taken by the CBAM authority
2022/02/15
Committee: ENVI
Amendment 819 #

2021/0214(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. The Commission shall assist the competent authorities in carrying out their obligations under this Regulation and coordinate their activities. BAM authority shall, without delay, take any decision that is required to implement this Regulation. 2. Any decision of the CBAM authority shall take effect from the date of its notification to the addressee of the decision. 3. If the CBAM authority considers that it does not have all the necessary information to take a decision, it shall contact the addressee of the decision and specify what additional information is required. The addressee of the decision shall submit the required information to the CBAM authority without delay. 4. The addressee of the decision shall inform the CBAM authority without delay of any changes to the information provided arising after the decision was taken, which may influence its continuation or content. In this case, the CBAM authority shall reassess its decision in light of that information. 5. Any decision taken by the CBAM authority which adversely affects the addressee of the decision shall set out the grounds on which it is based and shall include a reference to the right of appeal provided for in Article 27a. Before the decision is taken, the CBAM authority shall give the addressee of the decision the opportunity to make its point of view known to the CBAM authority within a fixed period of time. Following the expiry of that period, the addressee of the decision shall be notified of the decision in the appropriate form. 6. The CBAM authority may, at any time, annul, revoke or amend its decision upon reasoned request by the addressee of the decision or on its own initiative, if appropriate. 7. The Commission shall specify, by means of implementing acts, any further detailed arrangement or procedural rule concerning the decision-making of the CBAM authority. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2).
2022/02/15
Committee: ENVI
Amendment 826 #

2021/0214(COD)

Proposal for a regulation
Article 14 – title
National registries and central databaseCBAM Registry
2022/02/15
Committee: ENVI
Amendment 827 #

2021/0214(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. The competent authority of each Member State shall establish a national registry of declarants authorised in that Member State in the form of a standardised electronic database containing the data regardCBAM Authority shall set up a CBAM Registry for the execution of processes relating theo CBAM certificates of those declarants, and to provide for confidentiality, in accordance with the conditions set out in Article 13s 22 to 26.
2022/02/15
Committee: ENVI
Amendment 829 #

2021/0214(COD)

Proposal for a regulation
Article 14 – paragraph 2 – introductory part
2. The database referred to in paragraph 1CBAM registry shall contain accounts database with information about each authorised declarant, in particular:
2022/02/15
Committee: ENVI
Amendment 830 #

2021/0214(COD)

Proposal for a regulation
Article 14 – paragraph 2 a (new)
2a. The CBAM registry shall also contain, in a separate section of the database, the names and additional details of the operator and of the third country installations registered in accordance with Article 10.
2022/02/15
Committee: ENVI
Amendment 838 #

2021/0214(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. The information in the database referred to in paragraph 2 shall be confidentialis database shall be confidential. Only the names of the authorised declarants and of the operator and of the third country installations included in the database shall be accessible to the public.
2022/02/15
Committee: ENVI
Amendment 845 #

2021/0214(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. The Commission shall establish a central database accessible to the publicadopt implementing acts contaicerning the names, addresses and contact details of the operators and the location of installations in third countries in accordance with Article 10(2). An operator may choose not to have its name, address and contact details accessible to the publicinfrastructure and specific processes of the CBAM Registry and the electronic databases containing the information above. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2).
2022/02/15
Committee: ENVI
Amendment 846 #

2021/0214(COD)

Proposal for a regulation
Article 15
1. The Commission shall act as central administrator to maintain an independent transaction log recording the purchase of CBAM certificates, their holding, surrender, re-purchase and cancellation anArticle 15 deleted Censure coordination of national registries. 2. carry out risk-based controls on transactions recorded in national registries through an independent transaction log to ensure that there are no irregularities in the purchase, holding, surrender, re-purchase and cancellation of CBAM certificates. 3. result of the controls carried out under paragraph 2, the Commission shall inform the Member State or Member States concerned for further investigation in order to correct the identified irregularities.tral administrator The central administrator shall If irregularities are identified as a
2022/02/15
Committee: ENVI
Amendment 856 #

2021/0214(COD)

Proposal for a regulation
Article 16 – title
Accounts in the national rCBAM Registriesy
2022/02/15
Committee: ENVI
Amendment 859 #

2021/0214(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The competentCBAM authority shall assign to each authorised declarant a unique CBAM account number.
2022/02/15
Committee: ENVI
Amendment 860 #

2021/0214(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. Each authorised declarant shall be granted access to its account in the CBAM registry to fulfil its obligations pursuant to Article 22.
2022/02/15
Committee: ENVI
Amendment 861 #

2021/0214(COD)

Proposal for a regulation
Article 16 – paragraph 4 a (new)
4a. The Commission shall adopt implementing acts laying down procedures concerning the accounts of the CBAM Registry. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2).
2022/02/15
Committee: ENVI
Amendment 882 #

2021/0214(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. If the competent authority refuses to authorise a declarant, the declarant requesting the authorisation may, prior to an appeal, object to the relevant authority under national law, who shall either instruct the national administrator to open the account or uphold the refusal in a reasoned decision, subject to requirements of national law that pursue a legitimate objective compatible with this Regulation and are proportionate.deleted
2022/02/15
Committee: ENVI
Amendment 887 #

2021/0214(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point c
(c) the CBAM account number in the CBAM registry.
2022/02/15
Committee: ENVI
Amendment 897 #

2021/0214(COD)

Proposal for a regulation
Article 17 – paragraph 8 a (new)
8a. The CBAM authority may verify the accuracy and completeness of the information given by the applicant in accordance with Article 5(3) and the existence, authenticity, accuracy and validity of any supporting document. Such controls may be carried out at the premises of the applicant.
2022/02/15
Committee: ENVI
Amendment 900 #

2021/0214(COD)

Proposal for a regulation
Article 17 – paragraph 9 a (new)
9a. The Commission shall adopt, by means of implementing acts, the modalities for the application of the criteria referred to in paragraph 1 and for guarantees referred to in paragraph 6. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2).
2022/02/15
Committee: ENVI
Amendment 928 #

2021/0214(COD)

Proposal for a regulation
Article 19 – paragraph 4
4. The recipient of the notification referred to in paragraph 3 may lodge an appeal of the notification. The recipient of the notification shall be provided with information regarding the procedure to be followed in the event of an appeal.deleted
2022/02/15
Committee: ENVI
Amendment 932 #

2021/0214(COD)

Proposal for a regulation
Article 19 a (new)
Article 19a Revenues The revenues generated by the sale of CBAM certificates shall constitute internal assigned revenue in accordance with Article 21(3) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council. They shall be assigned to cover the costs of the operation and maintenance of the CBAM Authority. Any revenue remaining after covering these costs shall be assigned to the Union budget.
2022/02/15
Committee: ENVI
Amendment 949 #

2021/0214(COD)

Proposal for a regulation
Article 22 – paragraph 4
4. The recipient of the notification referred to in paragraph 3 may lodge an appeal of the notification. The recipient of the notification shall be provided with information regarding the procedure to be followed in the event of an appeal.deleted
2022/02/15
Committee: ENVI
Amendment 961 #

2021/0214(COD)

Proposal for a regulation
Article 24 a (new)
Article 24a Measures to address downstream carbon leakage Before the end of the comprehensive transition period, a centralised arrangement at Union level shall be adopted to compensate sectors or sub- sectors which are exposed to a genuine risk of carbon leakage due to significant costs that are actually incurred from greenhouse gas emission costs passed on as a consequence of the gradual phase- out of free allocation in favour of the obligation to surrender CBAM certificates. Compensation shall be proportionate to greenhouse gas emission costs actually passed through in price increase of goods covered by this Regulation in order to avoid negative effects on the internal market as well as overcompensation of costs incurred. Where the amount of compensation available is not sufficient to compensate eligible costs for downstream operators, the amount of compensation available for all eligible installations shall be reduced in a uniform manner. The Commission is empowered to adopt a delegated act in accordance with Article 28 to supplement this Directive for the purpose referred to in this paragraph.
2022/02/15
Committee: ENVI
Amendment 967 #

2021/0214(COD)

Proposal for a regulation
Article 25 – paragraph 5 a (new)
5a. As of the initiation of investigations under Articles 26 and 27 and having informed the Member States in due time, the Commission may direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports shall be made subject to registration following a request, from the Union industry, which contains sufficient evidence to justify such action. Imports may also be made subject to registration on the Commission's own initiative. Registration shall be introduced by Commission regulation. Such regulation shall specify the purpose of the action and, if appropriate, the estimated amount of possible future liability. Imports shall not be made subject to registration for a period longer than nine months.
2022/02/15
Committee: ENVI
Amendment 976 #

2021/0214(COD)

Proposal for a regulation
Article 26 – paragraph 4 – point f
(f) of the right of the authorised declarant or of the person to appeal under national rules.deleted
2022/02/15
Committee: ENVI
Amendment 997 #

2021/0214(COD)

Proposal for a regulation
Article 27 – paragraph 2
2. Practices of circumvention include situations where a change in the pattern of trade in relation to goods included in the scope of this Regulation, whether slightly modified or not, stems from a practice, process or work that have has insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation and consist in replacing those goods with slightly modified products, which are not included in the list of goods in Annex I but belong to a sector included in the scope of this Regulation, or undermining their effects, including on overall GHG emissions and on prices of the like products.
2022/02/15
Committee: ENVI
Amendment 1000 #

2021/0214(COD)

Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1 a (new)
The practice, processor work referred to in the first subparagraph include, inter alia: (a) the slight modification of a product to make it fall under another customs code which is not subject to the obligations of this Regulation; (b) false declarations regarding identity of the producer, the product concerned, the nature of the product concerned or the production process; (c) the consignment of the product concerned via third countries where no or more favourable obligations apply; (d) the reorganisation by exporters or producers of their patterns and channels of sales in order to avoid obligations under this Regulation, or undermine their effects, for instance via practices of resource shuffling or excessive imports before the end of the comprehensive transitional period; resource shuffling are defined as any practice, process or work that that have insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation, or undermining their effects, without delivering environmental benefits on global GHG emissions; if the distortions in trade patterns point at the possibility of circumvention of the Regulation by excessive importation before the end of comprehensive transition period, the CBAM authority shall apply the obligation to surrender CBAM certificates for the emissions from excessive imports in the first year after the end of comprehensive transition period; (e) in the circumstances indicated in paragraph 2, the assembly of parts by an assembly operation in the Union or a third country.
2022/02/15
Committee: ENVI
Amendment 1081 #

2021/0214(COD)

Proposal for a regulation
Chapter VI a (new)
Chapter VI a Appeals
2022/03/16
Committee: ENVI
Amendment 1082 #

2021/0214(COD)

Proposal for a regulation
Article 27 a (new)
Article 27a Appeals against decisions taken by the CBAM Authority 1. An appeal shall lie from decisions of the CBAM Authority that adversely affect any interested person, including decisions on penalties, circumvention and actual emission values. Those decisions shall take effect only as from the date of expiration of the appeal period of two months. The filing of the appeal shall have suspensive effect. Products concerned by an appeal will be subject to registration according to Article 25(5a). 2. Any party to proceedings adversely affected by a decision may appeal. Any other parties to the proceedings shall be parties to the appeal proceedings as of right. 3. The Board of Appeal shall be newly set up and consist of three full members, to be respectively appointed by the Council, by the European Parliament and by the Commission. The chair will be appointed by the Council. The Council and the European Parliament will respectively appoint two additional alternate members. 4. The Commission shall adopt delegated acts pursuant to Article 28, to define the composition, the appointment and the procedures of the Board of Appeal with a view to assure the independence of its members, including during the transitional period. During the transitional period the Commission will hold the functions of the Board of Appeal.
2022/03/16
Committee: ENVI
Amendment 1084 #

2021/0214(COD)

Proposal for a regulation
Article 27 b (new)
Article 27b Examination of appeals 1. The Board of Appeal shall examine whether the appeal is admissible. 2. In the examination of the appeal, the Board of Appeal shall invite the parties, as often as necessary, to file observations, within a period to be fixed by the Board of Appeal, on communications from the other parties or issued by itself. 3. Following the examination as to the admissibility of the appeal, the Board of Appeal shall decide on the appeal. The Board of Appeal may either exercise any power within the competence of the CBAM Authority or remit the case to the latter for further prosecution. 4. If the Board of Appeal remits the case for further prosecution to the CBAM Authority, the latter shall be bound by the line of reasoning of the Board of Appeal, in so far as the facts are the same. 5. The decisions of the Board of Appeal shall take effect only as from the date of expiry of a period of two months, if an action has been brought before the General Court within that period, as from the date of dismissal of such action or of any appeal filed with the Court of Justice against the decision of the General Court.
2022/03/16
Committee: ENVI
Amendment 1086 #

2021/0214(COD)

Proposal for a regulation
Article 27 c (new)
Article 27c Actions before the Court of Justice 1. Actions may be brought before the General Court against decisions of the Boards of Appeal in relation to appeals. 2. Actions may be brought before the General Court against any decision of the CBAM Authority. In this case administrative appeal under Article 27b will be precluded. 3. The action may be brought on grounds of lack of competence, infringement of an essential procedural requirement, infringement of the TFEU, infringement of this Regulation or of any rule of law relating to their application or misuse of power. 4. The General Court shall have jurisdiction to annul or to alter the contested decision. 5. The action shall be open to any party to proceedings before the Board of Appeal adversely affected by its decision. 6. The action shall be brought before the General Court within two months of the date of notification of the decision of the Board of Appeal in case of action under paragraph 1 of this Article and within two month of the date of the notification of the decision of the CBAM Authority in case of actions under paragraph 2 of this Article. 7. The CBAM Authority shall take the necessary measures to comply with the judgment of the General Court or, in the event of an appeal against that judgment, the Court of Justice.
2022/03/16
Committee: ENVI
Amendment 1123 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 2
2. BThe Commission shall evaluate the application of this Regulation before the end of the administrative transitional period, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, and report to the European Parliament and the Council. The first report of the Commission shall in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission shall, as part of that evaluation, initiate the collection of information that would be necessary to extend the scope of Annex I to indirect emissions, as well as to other goods and services at risk of carbon leakage, such as finished goods, and to develop methods of calculating embedded emissions based on the environmental footprint methods. The report shall include: (a) the impact on competitiveness of European industry and downstream industry, impact on SMEs, possible disproportionate administrative burden, possible circumvention practices, distortion in trade patterns and possibilities to enhance climate actions towards a climate neutral Union by 2050. Accompanied by proposals to avoid negative impact on such sectors; (b) a proposal to avoid possible carbon leakage in export markets; (c) a proposal to extend the scope of this Regulation to finished goods containing goods listed in Annex I; to ensure competitiveness of European manufacturing industry and prevent carbon leakage; (d) the assessment of the possibilities to further extend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of the governance system. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future.
2022/03/16
Committee: ENVI
Amendment 1152 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 2 a (new)
2a. During the comprehensive transitional period, biannual between 2025-2030 and every year thereafter until 2035 the Commission shall evaluate the application of this Regulation and report to the European Parliament and the Council. The Commission shall in particular focus on: (a) the impact on European industry and downstream industry of sectors listed in Annex I, as well as on SMEs and possible additional administrative burden for SMEs; (b) the effectiveness of this Regulation in reducing carbon leakage and possible circumvention practices; and (c) the impact of CBAM on Union trade of goods listed in Annex I and possible distortion in trade patterns;
2022/03/16
Committee: ENVI
Amendment 1157 #

2021/0214(COD)

Proposal for a regulation
Article 30 – paragraph 2 b (new)
2b. By 1 January 2028 Commission shall evaluate the risk of carbon leakage in downstream sectors and end users, including from loss of exports, for operators that produce products covered by Regulation (EU) No 1308/2013 or which use those products as their main input as a cause of the gradual phase-out of free allocation in favour of the obligation to surrender CBAM certificates. To address that risk, the Commission shall present legislative proposals under the Common Agricultural Policy.
2022/03/16
Committee: ENVI
Amendment 1219 #

2021/0214(COD)

Proposal for a regulation
Article 32 – paragraph 1
During the administrative transitional period of this Regulation, the CBAM mechanism shall apply as a reporting obligation as set out in Articles 33 to 35.
2022/03/16
Committee: ENVI
Amendment 1274 #

2021/0214(COD)

Proposal for a regulation
Annex III – point 3 – paragraph 2 – introductory part
Where AttrEmg are the attributed emissions of goods g, and ALg the activity level of the goods, the latter being the amount of goods produced in the reporting period in that installation, and EEInpMat are the embedded emissions of the input materials (precursors) consumed in the production process. Only input materials listed as relevant to the system boundaries of the production process as specified in the implementing act adopted pursuant to Article 7(6) are to be considered. The implementing act pursuant to Article 7(6) shall include all input materials that contribute significantly to GHG emissions. In the case of stainless steel (CN codes 7218-7223), ferro-alloys shall be included in the list of input materials as they fulfil this criterion. The relevant EEInpMat are calculated as follows:
2022/03/16
Committee: ENVI
Amendment 1276 #

2021/0214(COD)

Proposal for a regulation
Annex III – point 4 – paragraph 2
For the purpose of determining default values, only actual values actual and best available data from the country where actual emissions took place shall be used. Best available data shall be ubased for, to the determination of embedded emissionsextent possible, on reliable and publicly available information on the type of technology and processes used, plant design, origin of input materials and simple goods used in the production process, energy source and other data. In the absence of actual data, literature values may be used. The Commission shall publish guidance for the approach taken to correct for waste gases or greenhouse gases used as process input, before collecting the data required to determine the relevant default values for each type of goods listed in Annex I. Default values shall be determined based on the best available data. Theyfor each type of good in Annex I with reference to main exporting countries based on EUROSTAT data. Default values shall be revised periodically through implementing acts referred to in Article 7(6) based on the most up-to-date and reliable information, including on the basis of information provided by a third country or group of third countries.
2022/03/16
Committee: ENVI
Amendment 1288 #

2021/0214(COD)

Proposal for a regulation
Annex III – point 4 – point 4.1 – paragraph 1
When actual emissions cannot be adequately determined by the authorised declarant, default values shall be used. These values shall be set at the average emission intensity of the 10 percent worst performing installations each exporting country and for each of the goods listed in Annex I other than electricity, increased by a mark-up, the latter to be determined in the implementing acts of this Regulation. When reliable data for the exporting country cannot be applied for a type of goods, the default values shall be based on the average emission intensity of the 105 per cent worst performing EU installations for that type of goods. Under no circumstances default values shall be lower than the likely embedded emissions and the exporter shall not benefit from the failure to provide reliable data on actual emissions so that default values are used. To that extent, the Commission shall apply a mark-up, the latter to be determined in the implementing acts of this Regulation.
2022/03/16
Committee: ENVI
Amendment 121 #

2021/0211(COD)

Proposal for a directive
Recital 38
(38) The scope of the Modernisation Fund should be aligned with the most recent climate objectives of the Union by requiring that investments are consistent with the objectives of the European Green Deal and Regulation (EU) 2021/1119, and eliminating the support to any investments related to solid fossil fuels. A technology neutral approach should be applied in order to achieve the most cost-effective emission reductions. In addition, the percentage of the Modernisation Fund that needs to be devoted to priority investments should be increased to 80 %; energy efficiency should be targeted as a priority area at the demand side; and support of households to address energy poverty, including in rural and remote areas, should be included within the scope of the priority investments.
2022/02/04
Committee: ITRE
Amendment 151 #

2021/0211(COD)

Proposal for a directive
Recital 8
(8) The EU ETS should incentivise production from installations that partly or fully reduce greenhouse gas emissions. Therefore, the description of some categories of activities in Annex I to Directive 2003/87/EC should be amended to ensure an equal treatment of installations in the sectors concerned. Due to their public utility nature, the units for the incineration of hazardous or municipal waste should continue to benefit from the exemption from the greenhouse gas emission permit. In addition, free allocation for the production of a product should be independent of the nature of the production process. It is therefore necessary to modify the definition of the products and of the processes and emissions covered for some benchmarks to ensure a level playing field for new and existing technologies. It is also necessary to decouple the update of the benchmark values for refineries and for hydrogen to reflect the increasing importance of production of hydrogen outside the refineries sector.
2022/02/22
Committee: ENVI
Amendment 220 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3
In addition, 2,5 % of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 and equivalent of 1.5% of the total quantity of allowances from the amount above 400 million allowances set aside in Market Stability Reserve for the purpose of Modernisation Fund shall be auctioned for the Modernisation Fund. The beneficiary Member States for this amount of allowances shall be the Member States with a GDP per capita at market prices below 65 % of the Union average during the period 2016 to 2018. The funds corresponding to this quantity of allowances shall be distributed in accordance with Part B of Annex IIb. In addition, the equivalent of 1.5% of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 from the amount above 400 million allowances set aside in Market Stability Reserve for the purpose of Innovation Fund shall be made available for the Innovation Fund established under Article 10a(8).
2022/02/08
Committee: ITRE
Amendment 293 #

2021/0211(COD)

Proposal for a directive
Recital 30
(30) The Carbon Border Adjustment Mechanism (CBAM), established under Regulation (EU) […./..] of the European Parliament and of the Council51 , isntends to complement and progressively offer an alternative to free allocation to address the risk of carbon leakage without undermining the Unions competitiveness. To the extent that sectors and subsectors are covered by that measure, and the measure has proven to be effective in preventing carbon leakage, including on leakage on export markets resulting from any drop in EU exports and investment leakage they should not receive free allocation. However, a transitional phasing-out of free allowances, combined with a reserve and review mechanism, is needed to allow producers, importers and traders to adjust to the new regime. The reduction of and to assess the effective implementation of the CBAM. Once the CBAM has fully demonstrated its effectiveness in equalising CO2 costs between imported and domestic products and in protecting the competitiveness of European exports, the free allocation received by these sectors should be gradually phased out. Once the CBAM has fully demonstrated its effectiveness in equalising CO2 costs between imported and domestic products and in protecting the competitiveness of European exports, free allocation should be implemented by applying a factor to free allocation for CBAM sectors, while the CBAM is phased in. Nonetheless, safeguards should be provided for the products intended for exports. This percentage (CBAM factor) should be equal to 100 % during the transitional period between the entry into force of [CBAM Regulation] and 202530, 980 % in 202631 and should be reduced by 120 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenfifth year. The relevant delegated acts on free allocation should be adjusted accordingly for the sectors and subsectors covered by the CBAM. Theis phase-out of free allocation no longer provided to the CBAM sectors based on this calculation (CBAM demand) must be auctioned and the revenues will accrue to the Innovation Fund, so as to support innovation in low carbon technologies, carbon capture and utilisation (‘CCU’), carbon capture and geological storage (‘CCS’), renewable energy and energy storage, in a way that contributes to mitigating climate change. Special attention should be given to projects in CBAM sectorsshould be kept under review in light of the entry into force and effective implementation of the Carbon Border Adjustment Mechanism. To respect the proportion of the free allocation available for the non-CBAM sectors, the final amount to deduct from the free allocation and to be auctioned should be calculated based on the proportion that the CBAM demand represents in respect of the free allocation needs of all sectors receiving free allocation. _________________ 51 [please insert full OJ reference]
2022/02/22
Committee: ENVI
Amendment 294 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii Directive 2003/87/EC
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,2 %, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by whichever of those two percentage rates is relevant, in respect of each year between 2008 and 2028 except in case of heat benchmark for district heating, whose maximum annual reduction rate should be defined in line with the district heating sector decarbonisation commitments until 2030 and should not exceed 1.6%.
2022/02/08
Committee: ITRE
Amendment 307 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10 a, paragraph 6, first subparagraph
Member States should adopt financial measures in accordance with the second and fourth subparagraphs in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greenhouse gas emission costs passed on in electricity prices, provided that s. The Commission shall adopt a delegated act to supplement this Directive concerning the determination of such sectors and subsectors. Such financial measures arshall be in accordance with State aid rules, and in particular doshall not cause undue distortions of competition in the internal market. The financial measures adopted should not compensate indirect costs covered by free allocation in accordance with the benchmarks established pursuant to paragraph 1. Where a Member State spends an amount higher than the equivalent of 25 % of their auction revenues of the year in which the indirect costs were incurred, it shall set out the reasons for exceeding that amount.
2022/02/08
Committee: ITRE
Amendment 310 #

2021/0211(COD)

Proposal for a directive
Recital 30 a (new)
(30a) A temporary Carbon Leakage Protection Reserve should be established between 2031 to 2040, linked to the reduction of free allocation. Each year, the free allocation no longer provided to the CBAM sectors, based on the free allocation phase-out calculation, should be placed into the temporary Carbon Leakage Reserve. To this purpose the Commission shall every year, from 2031 to 2035, present to the European Parliament and Council a report on the effectiveness of this Regulation in lowering carbon leakage. By 28 February, the following year the Commission shall report to the European Parliament and the Council on the entry into force of CBAM and its effectiveness during the preceding year. If the assessment is positive, the allowances placed in the reserve should automatically be made available according to provisions of Article 10a(1b) of Directive 2003/87/EC. If the assessment proves negative impact on lowering carbon leakage, the allowances placed in the reserve should automatically be returned to industry, to mitigate the risk of carbon leakage.
2022/02/22
Committee: ENVI
Amendment 312 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10 a – paragraph 6 – second subparagraph (new)
In addition Member States should adopt financial measures in accordance with the second and fourth subparagraphs in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to significant costs that are actually incurred from greenhouse gas emission costs passed on in cost incurred by introduction of Carbon Border Adjustment Mechanism and phase out of free allowances according to [Article 10, paragraph 1, paragraph 12, point d of this directive]. The Commission shall adopt a delegated act to supplement this Directive concerning the determination of such sectors and subsectors. Such financial measures shall be in accordance with State aid rules, and in particular shall not cause undue distortions of competition in the internal market. The financial measures adopted should not compensate indirect costs covered by free allocation in accordance with the benchmarks established pursuant to paragraph 1.
2022/02/08
Committee: ITRE
Amendment 319 #

2021/0211(COD)

Proposal for a directive
Recital 30 b (new)
(30b) If any aspect of the CBAM Regulation or related EU ETS provisions is challenged in the WTO and as a result CBAM is cancelled, withdrawn, terminated or not implemented, the free allowances should no longer be phased out, and those already placed in the Carbon Border Adjustment Reserve should automatically be returned to the industry, to mitigate the risk of carbon leakage.
2022/02/22
Committee: ENVI
Amendment 377 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10 d – paragraph 2 – point f a (new)
(fa) modernization of energy systems allowing for switch from coal to gas and increased use of gas with the perspective of introduction of renewable and low- carbon gases”;
2022/02/08
Committee: ITRE
Amendment 381 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a a (new)
Directive 2003/87/EC
Article 12 – paragraph 1
1.(aa) in Article 12 paragraph 1 is replaced by the following: "1. Without prejudice to the Article 29b, Member States shall ensure that allowances can be transferred between: (a) persons within the Union; (b) persons within the Union and persons in third countries, where such allowances are recognised in accordance with the procedure referred to in Article 25 without restrictions other than those contained in, or adopted pursuant to, this Directive. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)" Or. en
2022/02/08
Committee: ITRE
Amendment 405 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Directive 2003/87/EC
Article 29 b new
(https://eur-lex.europa.eu/legal-(19a) the following Article 29b is inserted: Article 29b 1. The access to the EU ETS market should be limited to entities that are installations, aviation and maritime operators with compliance obligations under the EU ETS. 2. Only financial intermediaries purchasing allowances for the accountent/EN/TXT/?uri=CELEX%3A02003L0087- of the installation and not their own can be an exception. 3. Article 6 paragraph 5 of the Auctioning Regulation (no 1031/20210101)) should be adjusted in accordance with paragraphs 1 and 2. Or. en
2022/02/08
Committee: ITRE
Amendment 412 #

2021/0211(COD)

Proposal for a directive
Recital 42 a (new)
(42a) The increasing energy prices are a big concern for citizens, especially low- income families, and industry, especially SMEs. The main cause of rising energy prices is our dependency on fossil fuel imports. That is why the Fit for 55 Package will, in the future, avoid such constraints. In addition to that, the EU ETS should also be better designed to mitigate the minor part of the problem that is linked to the volatility of EU ETS market prices.
2022/02/22
Committee: ENVI
Amendment 413 #

2021/0211(COD)

Proposal for a directive
Recital 42 b (new)
(42b) Unexpected or sudden market volatility or excessive price shocks on the EU carbon market, for example, as a result of sudden changes in market behaviour or excessive speculation, negatively affect market predictability and the stable investment climate which is essential for the planning of decarbonization and innovation investments. Therefore, the measures in the event of excessive price fluctuations will be strengthened in a targeted manner to improve the assessment of and reaction to unwarranted price evolutions. These targeted improvements should continue to ensure the proper functioning of the carbon markets, including the role of intermediaries and financial actors in providing liquidity to the market and market access for compliance actors, notably SMEs, while avoiding unexpected or sudden volatility or price shocks.
2022/02/22
Committee: ENVI
Amendment 414 #

2021/0211(COD)

Proposal for a directive
Recital 42 c (new)
(42c) The European Securities and Markets Authority (ESMA) is preparing an assessment of carbon market integrity and transparency, expected to be published by the end of March 2022. This report should be followed, as soon as possible, by a legislative proposal by the Commission to introduce a transparency mechanism for the European carbon markets. However, to continuously monitor market integrity and transparency and guide any rapid potential action, the European Securities and Markets Authority (ESMA) should annually assess and report on the market integrity and transparency of the market and, where relevant, issue further recommendations for targeted improvements. This annual assessment should in particular examine market volatility and price evolution, the operation of the auctions and trading operations on the market, liquidity and the volumes traded, and the categories and trading behaviour of market participants. Targeted improvements could, for example, include a modification of the reporting of positions held by different categories of participants and penalty mechanisms for market abuse as set out in Regulation (EU) No 596/2014 [Market Abuse Regulation], for example through a fluctuating penalty based on the previous year’s average auction price, the non-delivery of allowances, the adjustment of the quantity of subsequent auctions, or a combination thereof. The recommendations should be assessed in the Commission report which may be accompanied, where appropriate, by a legislative proposal by the Commission to improve integrity and transparency of the European carbon markets.
2022/02/22
Committee: ENVI
Amendment 431 #

2021/0211(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 a
5a. Unless otherwise decided in the first review carried out in accordance with Article 3, from 2023 allowances held in the reserve above 400 million allowances shall no longer be valid. be set aside for the purpose of increasing the Modernisation Fund, the Innovation Fund and prevention of triggering of the cross-sectoral correction factor.
2022/02/08
Committee: ITRE
Amendment 533 #

2021/0211(COD)

Proposal for a directive
Recital 52 a (new)
(52a) Since the transport sector is currently the only sector that has failed to deliver any reductions of greenhouse gas emissions, a significant level of investment in sustainable transport options is required to achieve the Union climate goals and support a modal shift to environmentally friendly forms of transport. Therefore, at least 15 % of the expected revenues from the increased trading of emissions to arise as a result of the extension of the scope of the EU ETS and the introduction of a new EU ETS for heating, transport and other fuels pursuant to this Directive, including 15 % of the national revenues to be allocated by Member States as well as 15 % of the revenues under the Innovation Fund, should be allocated to the further development of public transport, in particular railway and bus systems.
2022/02/24
Committee: ENVI
Amendment 631 #

2021/0211(COD)

Proposal for a directive
Recital 66 a (new)
(66a) In order to take account of impacts on households, a transitional measure should be in place to facilitate a smooth start of new emissions trading for road transport and buildings. This time-limited measure should release allowances from the Market Stability Reserve, or place allowances into the Market Stability Reserve, in relation to a defined corridor based on established values in this Directive.
2022/02/24
Committee: ENVI
Amendment 828 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3a
In addition, 2,5 % of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 and equivalent of 1,5% of the total quantity of allowances from the amount above 600 million allowances set aside in the Market Stability Reserve for the purpose of the Modernisation Fund shall be auctioned for the Modernisation Fund. The beneficiary Member States for this amount of allowances shall be the Member States with a GDP per capita at market prices below 65 % of the Union average during the period 2016 to 2018. The funds corresponding to this quantity of allowances shall be distributed in accordance with Part B of Annex IIb. In addition, the equivalent of 1,5% of the total quantity of allowances between ... [year following the entry into force of this Directive] and 2030 from the amount above 600 million allowances set aside in the Market Stability Reserve for the purpose of the Innovation Fund shall be made available for the Innovation Fund established under Article 10a(8).
2022/02/28
Committee: ENVI
Amendment 868 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)
Directive 2003/87/EU
Article 10 – paragraph 3 – subparagraph 1 – point f
(ba) in paragraph 3, first subparagraph, point (f) is replaced by the following: “(f) to encourage a shift to low- emission, zero-emission and public forms of transport;, including the development of passenger and freight rail transport and bus services and technologies;”
2022/02/28
Committee: ENVI
Amendment 889 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c a (new)
Directive 2003/87/EU
Article 10 – paragraph 3 – subparagraph 1 a (new)
(ca) in paragraph 3, the following subparagraph is inserted: “By way of derogation from the first subparagraph, Member States shall use at least 15 % of the revenues generated from the auctioning of allowances for the development of public transport, in particular passenger and freight rail transport and bus services and technologies, as referred to in point (f) of the first subparagraph.”
2022/02/28
Committee: ENVI
Amendment 914 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d a (new)
Directive 2003/87/EU
Article 10 – paragraph 5 a (new)
(da) the following paragraph is added: “5a. Following the first European Securities and Markets Authority (ESMA) assessment of carbon market integrity and transparency to be published by the end of March 2022, the Commission shall, where appropriate, present as soon as possible a legislative proposal to introduce a transparency mechanism for the European carbon markets.”
2022/02/28
Committee: ENVI
Amendment 915 #

2021/0211(COD)

(db) the following paragraph is added: “5b. The European Securities and Markets Authority (ESMA) shall regularly monitor the market integrity and transparency of the European carbon market. Each year, it shall produce a public report on the market integrity and transparency of the market, in particular examining the functioning of the market in light of any market volatility and price evolution, the operation of the auctions and trading operations on the market, liquidity and the volumes traded, and the categories and trading behaviour of market participants. Where relevant, this report shall include recommendations to strengthen market integrity and transparency. These recommendations shall, in particular, consider targeted revisions of the measures in the event of excessive price fluctuations or a modification of the penalty mechanisms, for example through a fluctuating penalty based on the previous year’s average auction price, the non-delivery of allowances, the adjustment of the quantity of subsequent auctions, or a combination thereof. These recommendations shall be assessed in the Commission report pursuant to paragraph 5 which shall be accompanied, where appropriate, by a legislative proposal by the Commission to improve the transparency and integrity of the European carbon market pursuant to Article 29.”
2022/02/28
Committee: ENVI
Amendment 970 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2b
No free allocation shall be given to installations in sectors or subsectors to the extent they are covered by other measures to address the risk of carbon leakage as established by Regulation (EU) …./.. [reference to CBAM](**) once CBAM has fully demonstrated its effectiveness in equalising CO2 costs between imported and domestic products.. The measures referred to in the first subparagraph shall be adjusted accordingly
2022/02/28
Committee: ENVI
Amendment 973 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
In order to provide further incentives for reducing greenhouse gas emissions and improving energy efficiency, the determined Union-wide ex-ante benchmarks shall be reviewed before the period from 2026 to 2030 in view of potentially modifying the definitions and system boundaries of existing product benchmarks.;deleted
2022/02/28
Committee: ENVI
Amendment 978 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
In order to provide further incentives for reducing greenhouse gas emissions and improving energy efficiency, the determined Union-wide ex-ante benchmarks shall be reviewed before the period from 2026 to 2030 in view of potentially modifying the definitions and system boundaries of existing product benchmarks.; In order to provide further incentives for reducing greenhouse gas emissions in the steel industry, the annual reduction rate of the product benchmark hot metal calculated pursuant to the previous sub- paragraph shall not be affected by the modification of benchmark definitions and system boundaries pursuant to the fifth sub-paragraph of article 10a1 when the calculation of such rate is influenced by installations that were operational in the period referred to the first sub- paragraph of Article 10a(2).
2022/03/04
Committee: ENVI
Amendment 1040 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a - paragraph 1a - subparagraph 2
By way of derogation from the previousfirst subparagraph, for the first years of operation of Regulation [CBAM], the production of these products listed in Annex I to that Regulation shall benefit from free allocation in reduced amounts. A factor reducing the free allocation for the production of theose products shall be applied (CBAM factor). The CBAM factor shall be equal to 100 % for the period during thebetween … [ the date of entry into force of [CBAM regulation] and the end of 202530, 980 % in 202631 and shall be reduced by 120 percentage points each year to reach 0 % by the tenfifth year.
2022/03/04
Committee: ENVI
Amendment 1060 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10 – paragraph 1a – subparagraph 4
Allowances resulting from the reduction of free allocation shall be made available to support innovation in accordance with Article 10a(8).;deleted
2022/03/04
Committee: ENVI
Amendment 1076 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b a (new)
Directive 2003/87/EC
Article 10a – paragraph 1a a (new)
(ba) the following paragraph is inserted: “1aa. For each year in the period from 2031 to 2040, the allowances resulting from the reduction of free allocation in accordance with paragraph 1a shall be placed in a Carbon Leakage Protection Reserve. By 28 February of each subsequent year in the period referred to in the first subparagraph, the Commission shall present a report to the European Parliament and to the Council on the implementation of the Carbon Border Adjustment Mechanism during the calendar year preceding that of the report. In its report, the Commission shall, in particular, assess if the Carbon Border Adjustment Mechanism has entered into force and has been effectively implemented in a way leading to a level of carbon leakage protection that is equivalent to that of the free allocation system which it replaces under this Article. In this analysis, the Commission shall evaluate whether production, EU sales, exports and investments of EU producers within this sector, as well as the volume of corresponding imports, have increased or decreased. In the event that the Commission in its report concludes that, in the calendar year preceding that of the report, the Carbon Border Adjustment Mechanism has been effectively implemented in a way that leads to a level of carbon leakage protection at least equivalent to that of the free allocation system which it replaces under this Article, pursuant to the methodology set out above the allowances placed in the Carbon Leakage Protection Reserve for the preceding calendar year shall by way of derogation from Article 10a(1) to (5) be made available for Member States that may use these allowances to give a transitional free allocation to installations within sectors covered by Regulation [CBAM] for the purpose of their decarbonisation in accordance with Article 10c(2), points (a) and (c) and second and fourth subparagraphs. The remaining allowances should be made available to support innovation in accordance with Article 10a(8). In the event that the Commission in its report concludes that, in the calendar year preceding that of the report, the Carbon Border Adjustment Mechanism has not been effectively implemented, the allowances placed in the Carbon Border Adjustment Reserve for the preceding calendar year shall be reallocated to installations in accordance with Article 10a(1). In the event that any aspect of the CBAM Regulation, or related ETS provisions is challenged in WTO and as a result cancelled, withdrawn, terminated or not implemented, the free allowances shall no longer be phased out, and those already placed in the Carbon Leakage Protection Reserve shall automatically be returned to the industry, to mitigate the risk of carbon leakage.”
2022/03/04
Committee: ENVI
Amendment 1078 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b a (new)

Article 10a - paragraph 1a b (new)
(ba) the following paragraph is inserted: “1a b. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the detailed arrangements for the Carbon Leakage Protection Reserve provided for in paragraph 1b of this Article, including the criteria to be used for the assessment referred to in the second subparagraph of that paragraph, and the modalities for the reallocation of allowances from the Carbon Border Leakage Protection Reserve to installations referred to in the fourth subparagraph of that paragraph.”
2022/03/04
Committee: ENVI
Amendment 1093 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii
Directive 2003/87/EC
Article 10a – paragraph 2 - subparagraph 3 - point d
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,2 %, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by whichever of those two percentage rates is relevant, in respect of each year between 2008 and 2028 except in case of heat benchmark for district heating, whose maximum annual reduction rate should be defined in line with the district heating sector decarbonisation commitments until 2030 and should not exceed 1,6 %.;
2022/03/04
Committee: ENVI
Amendment 1102 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii
Directive 2003/87/EC
Article 10a – paragraph 2 - subparagraph 3 - point d
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,2 1,6%, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by wthichever of those two percentage rates is relevant, in respect of each year between 2008 ands percentage rate. Where the annual reduction rate is below 0,2%, the benchmark value for the period from 2026 to 2030 shall be the benchmark value applicable in the period from 2013 to 20280.;
2022/03/04
Committee: ENVI
Amendment 1140 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1
Member States should adopt financial measures in accordance with the second and fourth subparagraphs in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greenhouse gas emission costs passed on in electricity prices, provided that such financial measures are in accordance with State aid rules, and in particular do not cause undue distortions of competition in the internal market. The sectors or subsectors shall be determined according to the methodology, criteria and thresholds set out in Article 10b, as applied to indirect emissions only, where relevant. The financial measures adopted should not compensate indirect costs covered by free allocation in accordance with the benchmarks established pursuant to paragraph 1. Where a Member State spends an amount higher than the equivalent of 25 % of their auction revenues of the year in which the indirect costs were incurred, it shall set out the reasons for exceeding that amount.;
2022/03/04
Committee: ENVI
Amendment 1156 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e a (new)
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1 a (new)
In addition Member States should adopt financial measures in accordance with the second and fourth subparagraphs in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to significant costs that are actually incurred from greenhouse gas emission costs passed on in cost incurred by introduction of Carbon Border Adjustment Mechanism and phase out of free allowances according to [Article 10, paragraph 1, paragraph 12, point (d) of this Directive]. The Commission shall adopt a delegated act to supplement this Directive concerning the determination of such sectors and subsectors. Such financial measures shall be in accordance with State aid rules, and in particular shall not cause undue distortions of competition in the internal market. The financial measures adopted should not compensate indirect costs covered by free allocation in accordance with the benchmarks established pursuant to paragraph 1.
2022/03/04
Committee: ENVI
Amendment 1157 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e a (new)
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 2 a (new)
(ea) in paragraph 6, the following subparagraph is inserted: “Member States may adopt transitional financial measures in favour of sectors or subsectors, suffering loss of production, employment, sales or profitability caused by an increase in greenhouse gas emission costs resulting from the withdrawal of free allowances pursuant to Art. 10a(1a) of this Directive and lack of comparably stringent emission reduction obligations in non-EU countries, provided that such financial measures are in accordance with State aid rules. The sectors or subsectors shall be determined at Member State level, based on factors characteristic to that Member State, such as trade intensity with non-EU countries and emission intensity within the sector or subsector concerned.”
2022/03/01
Committee: ENVI
Amendment 1196 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EU
Article 10a – paragraph 8 – subparagraph 3 a (new)
At least 15 % of the allowances made available to the Innovation Fund under this paragraph shall be used for the further development of public transport, in particular railway and bus systems, addressing both the physical and digital infrastructure and fleets.
2022/03/01
Committee: ENVI
Amendment 1272 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – point c
(c) the improvement of demand and supply side energy efficiency, including in transport, buildings, agriculture and waste;
2022/03/01
Committee: ENVI
Amendment 1276 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – point e
(e) the support of low-income households, including in rural and remote areas, to address energy poverty and to modernise their heating systemmodernisation of heating and cooling systems and energy efficiency efforts in buildings for both residential and commercial use, including in rural and remote areas; and
2022/03/01
Committee: ENVI
Amendment 1282 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – point f a (new)
(fa) modernization of energy systems allowing for switch from coal to gas and increased use of gas with the perspective of introduction of renewable and low- carbon gases;
2022/03/01
Committee: ENVI
Amendment 1300 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point -a (new)
Directive 2003/87/EC
Article 12 – paragraph 1 – introductory part
1. Member States shall ensure that allowances can be transferred between: (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)(-a) in paragraph 1, the introductory part is replaced by the following: “1. Without prejudice to the Article 29b, Member States shall ensure that allowances can be transferred between:” Or. en
2022/03/01
Committee: ENVI
Amendment 1388 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Directive 2007/87/EU
Article 29 a
(19b) Article 29a is replaced by the following: "Article 29a Measures in the event of excessive price fluctuations 1. If, for more than six consecutive months, the average allowance price is more than threetwo times the average price of allowances during the two preceding years on the European carbon market, the Commission shall immediately convene a meeting of the Committee established by Article 9 of Decision No 280/2004/ECrelease 100 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1(7) of Decision (EU) 2015/1814 over a period of six months. 1a. If, after the period of six months referred to in paragraph 1, the condition in paragraph 1 is still met, the Commission shall immediately convene a meeting of the Committee established by Article 9 of Decision No 280/2004/EC to assess if the price evolution referred to in paragraph 1 corresponds to changing market fundamentals. 2. If the price evolution referred to in paragraph 1 does not correspond to changing market fundamentals, as a matter of urgency, one of the following measures may be adoptedshall be taken, taking into account the degree of price evolution: (a) a measure which allows Member States to bring forward the auctioning of a part of the quantity to be auctioned; (b) a measure which allows Member States to auction up to 25 % of the remaining allowances in the new entrants reserve. Those measures shall be adopted in accordance with the management procedure referred to in Article 23(4). 3. Any measure shall take utmost account of the reports submitted by the Commission to the European Parliament and to the Council pursuant to Article 29, as well as any other relevant information provided by Member States. 4. The arrangements for the application of these provisions shall be laid down in the acts referred to in Article 10(4). (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)" Or. en
2022/03/01
Committee: ENVI
Amendment 1389 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Directive 2003/87/EC
Article 29 a
(19b) Article 29a is replaced by the following: "Article 29a Measures in the event of excessive price fluctuations 1. If, for more than six consecutive months, the average allowance price is more than three times50% higher than the average price of allowances during the two preceding years on the European carbon market measured at the beginning of the six months period, the Commission shall release 100 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1(7) of Decision (EU) 2015/1814 over a period of six months. 1a. If, after the period of six months referred to in paragraph 1, the condition in paragraph 1 is still met, the Commission shall immediately convene a meeting of the Committee established by Article 9 of Decision No 280/2004/EC. to assess if the price evolution referred to in paragraph 1 corresponds to changing market fundamentals. 2. If the price evolution referred to in paragraph 1 does not correspond to changing market fundamentals, as a matter of urgency, one of the following measures may be adoptedshall be taken, taking into account the degree of price evolution: (a) a measure which allows Member States to bring forward the auctioning of a part of the quantity to be auctioned; (b) a measure which allows Member States to auction up to 25 % of the remaining allowances in the new entrants reserve. Those measures shall be adopted in accordance with the management procedure referred to in Article 23(4). 3. Any measure shall take utmost account of the reports submitted by the Commission to the European Parliament and to the Council pursuant to Article 29, as well as any other relevant information provided by Member States. 4. The arrangements for the application of these provisions shall be laid down in the acts referred to in Article 10(4). (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)" Or. en
2022/03/01
Committee: ENVI
Amendment 1395 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Directive 2003/87/EC
Article 29 a a (new)
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-(19b) The following Article is inserted: “Article 29aa 1. The access to the EU ETS market should be limited to entities that are installations, aviation and maritime operators with compliance obligations under the EU ETS. 2. Only financial intermediaries purchasing allowances for the account of the installation and not their own can be an exception. 3. Article 6(5) of Commission Regulation (EU) No 1031/20210101) should be adjusted in accordance with paragraphs 1 and 2.” Or. en
2022/03/01
Committee: ENVI
Amendment 1470 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
By way of derogation from the first subparagraph, Member States shall use at least 15 % of the revenues generated from the auctioning of allowances for the development of public transport, in particular passenger and freight rail transport and bus services and technologies, as referred to in point (b) of the first subparagraph. This provision can be fulfilled by funding through the Social Climate Fund.
2022/03/01
Committee: ENVI
Amendment 1518 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 h – paragraph 2 a (new)
2a. As the transitional measure to facilitate initial application of Chapter IVa through the application of a corridor for a period of 3 years, where the average price of allowance referred to in paragraph 1 is less than 20 EUR, allowances shall be placed into the Market Stability Reserve at a rate of 10 million allowances over 3 months. Where the average price of allowance referred to in paragraph 1 exceeds 60 EUR, allowances shall be released from the Market Stability Reserve at a rate of 10 million allowances over 3 months.
2022/03/02
Committee: ENVI
Amendment 1524 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 h – paragraph 2 b (new)
2b. If paragraph 1 or 2 of this Article apply, the application of paragraph 2a shall be suspended during that period.
2022/03/02
Committee: ENVI
Amendment 1546 #

2021/0211(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 – subparagraph 1
In any given year, if the total number of allowances in circulation is between 833 million and 1 096 million, a number of allowances equal to the difference between the total number of allowances in circulation, as set out in the most recent publication as referred to in paragraph 4 of this Article, and 833 million, shall be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and shall be placed in the reserve over a period of 12 months beginning on 1 September of that year. If the total number of allowances in circulation is above 1 096 million allowances, the number of allowances to be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and to be placed in the reserve over a period of 12 months beginning on 1 September of that year shall be equal to 12 % of the total number of allowances in circulation. By way of derogation from the last sentence, until 31 December 2030, the percentage shall be doubled if during the preceding year period on the European carbon market the average allowance price is lower than 30 EUR.
2022/03/02
Committee: ENVI
Amendment 1559 #

2021/0211(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 a
5a. Unless otherwise decided in the first review carried out in accordance with Article 3, from 2023 allowances held in the reserve above 4600 million allowances shall no longer be validbe set aside for the purpose of increasing the Modernisation Fund, the Innovation Fund and prevention of triggering of the cross-sectoral correction factor.
2022/03/02
Committee: ENVI
Amendment 151 #

2021/0210(COD)

Proposal for a regulation
Recital 12
(12) Indirect land-use change occurs when the cultivation of crops for biofuels, bioliquids and biomass fuels displaces traditional production of crops for food and feed purposes. Such additional demand increases the pressure on land and can lead to the extension of agricultural land into areas with high-carbon stock, such as forests, wetlands and peatland, causing additional greenhouse gas emissions and loss of biodiversity. Research has shown that the scale of the effect depends on a variety of factors, including the type of feedstock used for fuel production, the level of additional demand for feedstock triggered by the use of biofuels, bioliquids and biomass fuels, and the extent to which land with high-carbon stock is protected worldwide. The level of greenhouse gas emissions caused by indirect land-use change cannot be unequivocally determined with the level of precision required for the establishment of emission factors required by the application of this regulation. However, there is evidence that all fuels produced from feedstock cause indirect land-use change to various degrees. In addition to the greenhouse gas emissions linked to indirect land-use change – which is capable of negating some or all greenhouse gas emissions savings of individual biofuels, bioliquids or biomass fuels – indirect land-use change poses risks to biodiversity. This risk is particularly serious in connection with a potentially large expansion of production determined by a significant increase in demand. Accordingly, no feed and food crop-based fuels should be promoted. Directive (EU) 2018/2001 already limits and sets a cap on the contribution of such biofuels, bioliquids and biomass to the GHG emissions savings targets in the road and rail transport sector considering their lower environmental benefits, lower performance in terms of greenhouse reduction potential and broader sustainability concerns.
2022/03/02
Committee: ENVI
Amendment 157 #

2021/0210(COD)

Proposal for a regulation
Recital 13
(13) However, this approach must be stricter in the maritime sector. The maritime sector has currently insignificant levels of demand for food and feed crops- based biofuels, bioliquids and biomass fuels, since over 99% of currently used marine fuels are of fossil origin. Therefore, the non-eligiuse of biofuels, biolity of food and feed crop- basedquids and biomass fuels under this Regulation alsomust minimises any risk to slow down the decarbonisation of the transport sector, which could otherwise result from a shift of crop-based biofuels from the road to the maritime sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector and the maritime transport currently uses predominanatly fuels of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-basedunsustainable biofuels, bioliquids and biomass fuels by promoting their use under this Regulation. Accordingly, the additional greenhouse gas emissions and loss of biodiversity caused by all types of feed and food crop-based fuels require that these fuels be considered to have the same emission f, and ensure that the maritime industry only uses biofuels, bioliquids and biomass fuels that comply with the sustainability criteria and greenhouse gas saving criteria set out in Article 29 of Directive (EU) 2018/2001. Accordingly, the additional greenhouse gas emissions and loss of biodiversity caused by all types of biofuels, bioliquids and biomass fuels require that the greenhouse gas emission factors of these fuels shall be determined actcors as the least favourable pathwayding to the methodologies set out in Directive (EU) 2018/2001.
2022/03/02
Committee: ENVI
Amendment 164 #

2021/0210(COD)

Proposal for a regulation
Recital 15
(15) This Regulation should establish the methodology and the formula that should apply to calculate the yearly average greenhouse gas intensity of the energy used on-board by a ship. This formula should be based on the fuel consumption reported by ships and consider the relevant emission factors of these fuels. The use of substitute sources of energy, such as wind or electricity, and any associated emissions, should also be reflected in the methodology.
2022/03/02
Committee: ENVI
Amendment 167 #

2021/0210(COD)

Proposal for a regulation
Recital 17
(17) The well-to-wake performance of all renewable and low-carbon maritime fuels should be established using default or actual and certified emission factors covering the well-to-tank and tank-to-wake emissions. The performance of fossil fuels should however only be assessed through the use of default emission factors as provided for by this Regulation.
2022/03/02
Committee: ENVI
Amendment 174 #

2021/0210(COD)

Proposal for a regulation
Recital 21
(21) The use of on-shore power supply (OPS) abates air pollution produced by ships as well asnd can reduces the amount of GHG emissions generated by maritime transport. OPS represents an increasingly clean power supply available to ships at berth, in view of the growing renewables share in the EU electricity mix. While only the provision on OPS connection points is covered by Directive 2014/94/EU (Alternative Fuels Infrastructure Directive – AFID), the demand for and, as a result, the deployment of this technology has remained limited. Therefore specific rules should be established to mandate the use of OPS by the most polluting ships, where, after accounting for the GHG emissions associated with electricity production, the use of OPS leads to a lowering of overall emissions.
2022/03/02
Committee: ENVI
Amendment 179 #

2021/0210(COD)

Proposal for a regulation
Recital 23
(23) Exceptions to the use of OPS should also be provided for a number of objective reasons, certified by the managing body of the port of call and limited to unscheduled port calls for reasons of safety or saving life at sea, for short stays of ships at berth of less than two hours as this is the minimum time required for connection, for longer stays of ships at berth in a port where use of OPS will lead to an overall increase in emissions of greenhouse gases and pollutants, and for the use of on-board energy generation under emergency situations.
2022/03/02
Committee: ENVI
Amendment 192 #

2021/0210(COD)

Proposal for a regulation
Recital 30
(30) The Commission should establish and ensure the functioning of an electronic database that registers the performance of each ship and, ensures its compliance with this Regulation, and records journey lengths and times for the purposes of monitoring for the risk and occurrence of carbon leakage. In order to facilitate reporting and limit administrative burden to companies, verifiers and other users, this electronic database should build upon the existing THETIS-MRV module and take into account the possibility to reuse information and data collected for the purpose of Regulation (EU) 2015/757.
2022/03/02
Committee: ENVI
Amendment 352 #

2021/0210(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point c
(c) biofuels and biogas that do not comply with point (a) or that are produced from food and feed crops shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuel;
2022/03/02
Committee: ENVI
Amendment 439 #

2021/0210(COD)

Proposal for a regulation
Article 28 – paragraph 1 – introductory part
1. The Commission shall present a preliminary report assessing the effectiveness and shortcomings of the Regulation to the European Parliament and the Council no more than five years after the coming into force of the Regulation. The Commission shall report to the European Parliament and the Council, by 1 January 2030, the results of an detailed and comprehensive evaluation on the functioning of this Regulation and the evolution of the technologies and market for renewable and low-carbon fuels in maritime transport and its impact on the maritime sector in the Union, including the risk and occurrence of carbon leakage arising from the implementation of the Regulation. The Commission shall consider possible amendments to:
2022/03/02
Committee: ENVI
Amendment 460 #

2021/0210(COD)

Proposal for a regulation
Annex I – paragraph 4 – subparagraph 1
For the purpose of this regulation the termin the numerator of Equation (1) shall be set to zero.deleted
2022/03/02
Committee: ENVI
Amendment 465 #

2021/0210(COD)

Proposal for a regulation
Annex II – paragraph 2
The emissions factors of all biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuels shall be determined according to the methodologies set out in Annex 5 part C of Directive (EU) 2018/2001.
2022/03/02
Committee: ENVI
Amendment 470 #

2021/0210(COD)

Proposal for a regulation
Annex II – paragraph 11
Column 7 contains the emission factor Cf for methane in [gCH4/gfuel]. Default values as contained in the table shall be used. Values certified by mean of testing can be used in place of the default values. For LNG fuels Cf for methane armay be set to zero if the value for amount of fuel lost as fugitive emissions (Cslip) accurately accounts for all methane emissions.
2022/03/02
Committee: ENVI
Amendment 484 #

2021/0210(COD)

Proposal for a regulation
Annex II – Table 1 – Default factors
Table 1 – Default factors 1 1 2 3 3 4 5 6 7 8 9 WtT TtW 𝑪𝒔𝒍𝒊𝒑 𝑳𝑪𝑽 𝑪𝑶𝟐𝒆𝒒 𝑾𝒕𝑻 Energy 𝑪𝒇 𝑪𝑶𝟐 𝑪𝒇 𝑪𝑯𝟒 𝑪𝒇 𝑵𝟐𝑶 As % of the Class / Pathway 𝑔𝐶𝐻4 𝑔𝑁2𝑂 Feedstock name [ ] 𝑀𝐽 𝑀𝐽 𝑔 𝑔 [𝑔𝐶𝑂2𝑒𝑞 𝑀𝐽 ] Converter Class [ 𝑔𝐶𝑂2 𝑔𝐹𝑢𝑒𝑙 ] [ ] [ ] 𝑔𝐹𝑢𝑒𝑙 𝑔𝐹𝑢𝑒𝑙 mass of the fuel used by the engine 1 2 3 4 5 ALL ICEs HFO 3,114 ISO 8217 6 7 8 9 WtT TtW ALL ICEs HFO 3,114 ISO 8217 Gas MEPC245 (66) Grades 0,0405 0,00005 0,00018 - - 13,5 Turbine Regulation (EU) RME to Steam 2015/757 RMK Turbines and Boilers Aux Aux Engines Fossil ALL ICEs 13,2, crude Gas LSFO 0,0405 3,114 0,00005 0,00018 - - 13,7 blend Turbine Steam Steam Turbines and Boilers Aux Aux Engines ULSFO 0,0405 13,2 ALL ICEs 3,114 0,00005 0,00018 - 1 2 3 4 5 6 7 8 9 WtT TtW 3,206 VLSFO 0,041 13,2 ALL ICEs MEPC245 (66) 0,00005 0,00018 - Fossil MRV Regulation LFO 3,151 ISO 8217 MEPC245 (66) Grades 0,041 13,2 ALL ICEs 0,00005 0,00018 - Regulation (EU) RMA to 2015/757 RMD MDO MGO 3,206 ISO 8217 MEPC245 (66) Grades 0,0427 14,4 ALL ICEs 0,00005 0,00018 - Regulation (EU) DMX to 2015/757 DMB LNG Otto (dual fuel 3,1 medium speed) 2,755 LNG Otto MEPC245 (66) LNG 0,0491 18,5 (dual fuel 0 0,00011 1,7 Regulation (EU) slow speed) 2015/757 LNG Diesel (dual fuel 0.2 slow speed) LBSI N/A 3,03 Buthane 3,00 Propane LPG 0,046 7,8 All ICEs MEPC245 (66) TBM TBM Regulation (EU) 2015/757 1 2 3 4 5 6 7 8 9 WtT TtW H2 Fuel Cells 0 0 - (natural 0,12 132 - gas) ICE 0 0 TBM NH3 NH3 (natural 0,0186 121 No engine 0 0 TBM - gas) 1,375 Methanol MEPC245 (66) (natural 0,0199 31,3 All ICEs TBM TBM - - Regulation (EU) gas) 2015/757 Ref. to 1,913 Ethanol Directive MEPC245 (66) 0,0268 All ICEs TBM TBM - E100 (EU) Regulation (EU) 2018/2001 2015/757 Bio-diesel Main Ref. to products / Directive 0,00005 0,00018 Bio-diesel 0,0372 ALL ICEs 2,834 - - wastes / (EU) TBM TBM Liquid Feedstock 2018/2001 biofuels mix HVO Main Ref. to products / Directive 0,044 ALL ICEs 3,115 0,00005 0,00018 - wastes / (EU) Feedstock 2018/2001 mix Bio-LNG 0,05 Ref. to LNG Otto 2,755 0,00005 0,00018 3,1 1 2 3 4 5 6 7 8 9 WtT TtW Main Directive (dual fuel MEPC245 (66), products / (EU) medium Regulation (EU) wastes / 2018/2001 speed) 2015/757 Feedstock LNG Otto mix (dual fuel 1,7 slow speed) LNG Diesel 0.2 (dual fuels) LBSI N/A Bio-H2 Main Fuel Cells 0 0 0 Gas products / 0,12 N/A - biofuels wastes / Feedstock ICE 0 0 TBM mix Ref. to 3,206 Directive MEPC245 (66) e-diesel 0,0427 ALL ICEs 0,00005 0,00018 - (EU) Regulation (EU) 2018/2001) 2015/757 Ref. to 1,375 e- Directive MEPC245 (66) 0,0199 All ICEs 0,00005 0,00018 - methanol (EU) Regulation (EU) 2018/2001 2015/757 Renewable LNG Otto Fuels of (dual fuel non- 3.1 medium Biological Ref. to speed) 2,755 Origin Directive LNG Otto MEPC245 (66) (RFNBO) e-LNG 0,0491 0 0,00011 (EU) (dual fuel Regulation (EU) 1,7 - 2018/2001 slow speed) 2015/757 (e- fuels) LNG Diesel 0.2 (dual fuels) LBSI N/A Fuel Cells 0 0 0 e-H2 0,12 3,6 - ICE 0 0 TBM e-NH3 0,0186 0 No engine 0 N/A TBM N/A 106,3 EU MIX 2020 Others Electricity - OPS - - - - 72 EU MIX 2030 2018/2001 Ref. to Directive HVO 0,044 ALL ICEs 3,115 0,00005 0,00018 - (EU) Liquid 2018/2001 biofuels LNG Otto (dual fuel 3,1 medium speed) Ref. to 2,755 Directive LNG Otto MEPC245 (66), Bio-LNG 0,05 (dual fuel 0,00005 0,00018 1,7 (EU) Regulation (EU) 2018/2001 slow speed) 2015/757 LNG Diesel 0.2 (dual fuels) LBSI N/A Fuel Cells 0 0 0 Gas Bio-H2 0,12 N/A - biofuels ICE 0 0 TBM Ref. to 3,206 Directive MEPC245 (66) e-diesel 0,0427 ALL ICEs 0,00005 0,00018 - (EU) Regulation (EU) 2018/2001) 2015/757 Ref. to 1,375 Renewable e- Directive MEPC245 (66) 0,0199 All ICEs 0,00005 0,00018 - Fuels of methanol (EU) Regulation (EU) non- 2018/2001 2015/757 Biological LNG Otto Origin (dual fuel 3.1 (RFNBO) medium - Ref. to speed) 2,755 (e- fuels) Directive LNG Otto MEPC245 (66) e-LNG 0,0491 0 0,00011 (EU) (dual fuel Regulation (EU) 1,7 2018/2001 slow speed) 2015/757 LNG Diesel 0.2 (dual fuels) LBSI N/A 1 2 3 4 5 6 7 8 9 WtT TtW Fuel Cells 0 0 0 e-H2 0,12 3,6 - ICE 0 0 TBM e-NH3 0,0186 0 No engine 0 N/A TBM N/A 106,3 EU MIX 2020 Others Electricity - OPS - - - - 72 EU MIX 2030
2022/03/02
Committee: ENVI
Amendment 63 #

2021/0206(COD)

Proposal for a regulation
Recital 9
(9) However, resources are needed to finance those investments. In addition, before they have taken place, the cost supported by households and transport users for heating, cooling and cooking, as well as for road transport, is likely to increase as fuel suppliers subject to the obligations under the emission trading for buildings and road transport pass on costs on carbon to the consumers. There is a need to avoid reactive-only measures, therefore the Fund should start its operation before inclusion of at least private households and transport into the scope of directive 2003/87/EC (ETS) so that there is a time to prepare the mostvulnerable transport users and households and to minimise the need of direct income payments. To that end it is desirable that the measures supporting energy efficiency and aimed at improvement of air quality undertaken by Member States are aligned with the purpose of minimising the impact of broadening of the scope of Directive 2003/87/EC.
2022/02/28
Committee: REGI
Amendment 119 #

2021/0206(COD)

Proposal for a regulation
Recital 9
(9) However, resources are needed to finance those investments. In addition, before they have taken place, the cost supported by households and transport users for heating, cooling and cooking, as well as for road transport, is likely to increase as fuel suppliers subject to the obligations under the emission trading for buildings and road transport pass on costs on carbon to the consumers. There is a need to avoid reactive-only measures, therefore the Fund should start its operation before inclusion of at least private households and transport into the scope of directive 2003/87/EC (ETS) so that there is a time to prepare the most vulnerable transport users and households and to minimise the need of direct income payments. To that end it is desirable that the measures supporting energy efficiency and aimed at improvement of air quality undertaken by Member States are aligned with the purpose of minimising the impact of broadening of the scope of Directive 2003/87/EC.
2022/02/23
Committee: EMPLENVI
Amendment 199 #

2021/0206(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) ‘building renovation’ means all kinds of energy-related and accompanying it safety-related building renovation, including the insulation of the building envelope, that is to say walls, roof, floor, the replacement of windows, the replacement of heating, cooling and cooking appliances, the upgrade of electrical installations and the installation of on-site production and storage of energy from renewable sources;
2022/02/28
Committee: REGI
Amendment 227 #

2021/0206(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13
(13) ‘vulnerable transport users’ means transport users, including from lower middle-income households, that are significantly affected by the price impacts of the inclusion of road transport into the scope of Directive 2003/87/EC and lack the means to purchase zero- and low- emission vehicles or to switch to alternative sustainable modes of transport, including public transport, particularly in rural and remote areas or for whom the switch to alternative modes of transport would mean significant decrease of well- being.
2022/02/28
Committee: REGI
Amendment 255 #

2021/0206(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point a
(a) finance measures and investments to increase energy efficiency of buildings, to implement energy efficiency improvement measures, to carry out building renovation, and to decarbonise heating and cooling of buildings, including the integration of energy production and storage of energy from renewable energy sources;
2022/02/28
Committee: REGI
Amendment 318 #

2021/0206(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point e a (new)
(e a) improvements in safety, particularly: reduction in the number of buildings with unsafe electrical installations,increased deployment of smoke detection, smoke management and automatic fire suppression.
2022/02/28
Committee: REGI
Amendment 325 #

2021/0206(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Member States may include the costs of measures providing temporary direct income support to vulnerable households and vulnerable households that are transport users to absorb the increase in road transport and heating fuel prices. Such supportdirect income support shall not exceed 20% of the costs of Member States national plans and shall decrease over time and be limited to the direct impact of the emission trading for buildings and road transport. Eligibility for such direct income support shall cease within the time limits identified under Article 4(1) point (d).
2022/02/28
Committee: REGI
Amendment 337 #

2021/0206(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) contribute to the decarbonisation, including the electrification, of heating and cooling of, and cooking in, buildings and the integration and storage of energy from renewable sources that contribute to the achievements of energy savings as well as connection to district heating networks;
2022/02/28
Committee: REGI
Amendment 350 #

2021/0206(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point e
(e) provide support of development and grant free access to public transport or adapted tariffs for access to public transport, as well as fostering sustainable mobility on demand and shared mobility services;
2022/02/28
Committee: REGI
Amendment 366 #

2021/0206(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. The financial envelope for the implementation of the Fund for the period 20253-2027 shall be at least EUR 23 700 000 000 in current prices, with increase of the envelope subject to paragraph 2a of this article.
2022/02/28
Committee: REGI
Amendment 370 #

2021/0206(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. The financial envelope for the implementation of the Fund for the period 2028-2032 shall be at least EUR 48 500 000 000 in current prices, subject to the availability of the amounts under the annual ceilings of the applicable multiannual financial framework referred to in Article 312 TFEU and with increase of the envelope subject to paragraph 2a of this article.
2022/02/28
Committee: REGI
Amendment 375 #

2021/0206(COD)

Proposal for a regulation
Article 9 – paragraph 2 a (new)
2 a. Additional allocationsshall be made available to the budget of the Fund subject to technicaladjustment under article 4 paragraph 1 point b of the Council Regulation (EU,Euratom) 2020/2093 based on higher than expected revenues from auctioning of allowances under Chapter IVa of Directive 2003/87/EC.
2022/02/28
Committee: REGI
Amendment 433 #

2021/0206(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) ‘building renovation’ means all kinds of energy-related and accompanying it safety-related building renovation, including the insulation of the building envelope, that is to say walls, roof, floor, the replacement of windows, the replacement of heating, cooling and cooking appliances, the upgrade of electrical installations and the installation of on-site production and storage of energy from renewable sources;,
2022/02/23
Committee: EMPLENVI
Amendment 454 #

2021/0206(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. After the Commission has adopted a decision as referred to in Article 16, it shall in due time conclude an agreement with the Member State concerned constituting an individual legal commitment within the meaning of Regulation (EU, Euratom) 2018/1046 covering the period 20253-2027. That agreement may be concluded at the earliest one year before the year of the start of the auctions under Chapter IVa of Directive 2003/87/EC.
2022/02/28
Committee: REGI
Amendment 499 #

2021/0206(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13
(13) ‘vulnerable transport users’ means transport users, including from lower middle-income households, that are significantly affected by the price impacts of the inclusion of road transport into the scope of Directive 2003/87/EC and lack the means to purchase zero- and low- emission vehicles or to switch to alternative sustainable modes of transport, including public transport, particularly in rural and remote areas or for whom the switch to alternative modes of transport would mean significant decrease of well- being.
2022/02/23
Committee: EMPLENVI
Amendment 547 #

2021/0206(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point a
(a) finance measures and investments to increase energy efficiency of buildings, to implement energy efficiency improvement measures, to carry out building renovation, and to decarbonise heating and cooling of buildings, including the integration of energy production and storage of energy from renewable energy sources;
2022/02/23
Committee: EMPLENVI
Amendment 678 #

2021/0206(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point e a (new)
(ea) improvements in safety, in particular: reduction in the number of buildings with unsafe electrical installations, increased deployment of smoke detection, smoke management and automatic fire suppression.
2022/02/23
Committee: EMPLENVI
Amendment 712 #

2021/0206(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Member States may include the costs of measures providing temporary direct income support to vulnerable households and vulnerable households that are transport users to absorb the increase in road transport and heating fuel prices. Such supportdirect income support shall not exceed 20% of the costs of Member States national plans and shall decrease over time and be limited to the direct impact of the emission trading for buildings and road transport. Eligibility for such direct income support shall cease within the time limits identified under Article 4(1) point (d).
2022/02/23
Committee: EMPLENVI
Amendment 741 #

2021/0206(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) contribute to the decarbonisation, including the electrification, of heating and cooling of, and cooking in, buildings and the integration and storage of energy from renewable sources that contribute to the achievements of energy savings as well as connection to district heating networks;
2022/02/23
Committee: EMPLENVI
Amendment 776 #

2021/0206(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point e
(e) provide support of development and grant free access to public transport or adapted tariffs for access to public transport, as well as fostering sustainable mobility on demand and shared mobility services;
2022/02/23
Committee: EMPLENVI
Amendment 831 #

2021/0206(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. The financial envelope for the implementation of the Fund for the period 20253-2027 shall be at least EUR 23 700 000 000 in current prices, with increase of the envelope subject to paragraph 2a of this article.
2022/02/23
Committee: EMPLENVI
Amendment 848 #

2021/0206(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. The financial envelope for the implementation of the Fund for the period 2028-2032 shall be at least EUR 48 500 000 000 in current prices, subject to the availability of the amounts under the annual ceilings of the applicable multiannual financial framework referred to in Article 312 TFEU and with increase of the envelope subject to paragraph 2a of this article.
2022/02/23
Committee: EMPLENVI
Amendment 853 #

2021/0206(COD)

Proposal for a regulation
Article 9 – paragraph 2 a (new)
2a. Additional allocations shall be made available to the budget of the Fund subject to technical adjustment under article 4 paragraph 1 point b of the Council Regulation (EU, Euratom) 2020/2093 based on higher than expected revenues from auctioning of allowances under Chapter IVa of Directive 2003/87/EC
2022/02/23
Committee: EMPLENVI
Amendment 1006 #

2021/0206(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. After the Commission has adopted a decision as referred to in Article 16, it shall in due time conclude an agreement with the Member State concerned constituting an individual legal commitment within the meaning of Regulation (EU, Euratom) 2018/1046 covering the period 20253-2027. That agreement may be concluded at the earliest one year before the year of the start of the auctions under Chapter IVa of Directive 2003/87/EC. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2022/02/23
Committee: EMPLENVI
Amendment 126 #

2021/0205(COD)

Proposal for a regulation
Recital 16
(16) Development and deployment of sustainable aviation fuels with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This should support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable aviation fuels for aviation in short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, sustainable aviation fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic aviation fuels should be eligible. In particular, sustainable aviation fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to decarbonise air transport already in the short term.
2022/02/25
Committee: ENVI
Amendment 132 #

2021/0205(COD)

Proposal for a regulation
Recital 17
(17) For sustainability reasons, only sustainable feed and food crop-based fuels should not be eligible. In particular,Concerns with indirect land-use change, which can occurs when the cultivation of crops for biofuels displaces traditional production of crops for food and feed purposes. Such additional demand increases the pressure on land and can lead to the extension of agricultural land into areas with high-carbon stock, such as forests, wetlands and peatland, causing additional greenhouse gas emissions and loss of biodiversity concerns. Research has shown that the scale of the effect depends on a variety of factors, including the type of feedstock used for fuel production, the level of additional demand for feedstock triggered by the use of biofuels and the extent to which land with high-carbon stock is protected worldwide. The highest risks of indirect land-use change have been identified for biofuels, fuels produced from feedstock for which a significant expansion of the production area into land with high-carbon stock is observed. Accordingly, feed and food crop-based fuels should not be promoted. This approach is in line Union policy and in particular with Directive (EU) 2018/2001 which limits and sets a cap on the use of such biofuels in road and rail transport, considering their lower environmental benefits, lower performance in terms of greenhouse reduction potential and broader sustainability concerns. In addition to the greenhouse gas emissions linked to indirect land-use change – which is capable of negating some or all greenhouse gas emissions savings of individual biofuels – indirect land-use change poses risks also to biodiversity. This risk is particularly serious in connection with a potentially large expansion of production determined by a significant increase in demand. The aviation sector has currently insignificant levels of demand for food and feed crops- based biofuels, since over 99% of currently used aviation fuels are of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels by promoting their use under this Regulation. The non-eligibility of crop- based biofuels under this Regulation also minimises any risk to slow down the decarbonisation of road transport, which could otherwise result from a shift of crop-based biofuels from the road to the aviation sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector, are already addressed in Directive (EU) 2018/2001 by means of a cap on the contribution of crop-based biofuels for the Union targets including aviation, as well as a delegated act on high-ILUC risk biofuels, which are to be phased out to 0% by 2030.
2022/02/25
Committee: ENVI
Amendment 203 #

2021/0205(COD)

Proposal for a regulation
Article 3 – paragraph 1 – indent 5
— ‘sustainable aviation fuels’ (‘SAF’) means drop-in aviation fuels that are either synthetic aviation fuels, advanced biofuels as defined in Article 2, second paragraph, point 34 of Directive (EU) 2018/2001, or biofuels produced from the feedstock listed in Part B of Annex IX to that Directive or biofuels in aviation produced respecting the sustainability criteria set in Directive (EU) 2018/2001, which comply with the sustainability and greenhouse gas emissions criteria laid down in Article 29(2) to (7) of that Directive and are certified in accordance with Article 30 of this Directive;
2022/02/25
Committee: ENVI
Amendment 617 #

2021/0203(COD)

Proposal for a directive
Article 8 – paragraph 1 – point b – point i (new)
i) 1,2 % of annual final energy consumption from 1 January 2024 to 31 December 2030, averaged over the three- year period prior to 1 January 2019.
2022/03/22
Committee: ITRE
Amendment 620 #

2021/0203(COD)

Proposal for a directive
Article 8 – paragraph 1 – point c
(c) new savings each year from 1 January 2024 to 31 December 2030 of 1,5 % of annual final energy consumption, averaged over the three-year period prior to 1 January 2020.deleted
2022/03/22
Committee: ITRE
Amendment 882 #

2021/0203(COD)

Proposal for a directive
Article 24 – paragraph 1 – point a
a. until 31 December 2025, a system using at least 50% renewable energy, 50% waste heat, 75% cogenerated heat or 50% of a combination of such energy and heat, going into the network;
2022/03/22
Committee: ITRE
Amendment 898 #

2021/0203(COD)

Proposal for a directive
Article 24 – paragraph 1 – point b
b. from 1 January 2026, a system using at least 50% renewable energy, 50% waste heat, 8075% of high-efficiency cogenerated heat or at least a combination of such thermal energy going into the network where the share of renewable energy is at least 5% and the total share of renewable energy, waste heat or high- efficiency cogenerated heat is at least 50%;
2022/03/22
Committee: ITRE
Amendment 906 #

2021/0203(COD)

Proposal for a directive
Article 24 – paragraph 1 – point c
c. from 1 January 2035, a system using at least 50% renewable energy and waste heat, where the share of renewable energy is at least 20% or a system using at least 75% of high efficiency cogenerated heat and renewable energy, where the share of renewable energy is at least 10%;
2022/03/22
Committee: ITRE
Amendment 916 #

2021/0203(COD)

Proposal for a directive
Article 24 – paragraph 1 – point d
d. from 1 January 2045, a system using at least 75 % renewable energy and waste heat, where the share of renewable energy is at least 40%;eleted
2022/03/22
Committee: ITRE
Amendment 928 #

2021/0203(COD)

Proposal for a directive
Article 24 – paragraph 1 – point e
e. from 1 January 2050, a system using only renewable energy and waste heat, where the share of renewable energy is at least 60%.deleted
2022/03/22
Committee: ITRE
Amendment 936 #

2021/0203(COD)

Proposal for a directive
Article 24 – paragraph 1 – point e a (new)
e a. where the share of waste and non- carbon heat exceeds the criteria in points (c), (d) and (e), waste and non-carbon heat may replace any of the other energy sources;
2022/03/22
Committee: ITRE
Amendment 939 #

2021/0203(COD)

Proposal for a directive
Article 24 – paragraph 2
2. Member States shall ensure that where a district heating and cooling system is built or substantially refurbished it meets the criteria set out in paragraph 1 applicable at such time when it starts or continues its operation after the refurbishment. In addition, Member States shall ensure that when a district heating and cooling system is built or substantially refurbished, there is no increase in the use of fossil fuels other than natural gas in existing heat sources compared to the annual consumption averaged over the previous three calendar years of full operation before refurbishment, and that any new heat sources in that system do not use fossil fuels other than natural gas.
2022/03/22
Committee: ITRE
Amendment 18 #

2021/0202(COD)

Proposal for a decision
Recital 10 a (new)
(10a) It has been observed that the delay between the publication of the total number of allowances in circulation and the start of the period where allowances are placed in the market stability reserve by deducting certain quantities from the volume of allowances to be auctioned, currently of three and a half months, incentivises a speculative behaviour leading to an artificial increase of prices of allowances. This delay should therefore be reduced to one month and a half.
2022/02/01
Committee: ITRE
Amendment 33 #

2021/0202(COD)

Proposal for a decision
Article 1 – paragraph 1
Decision (EU) 2015/1814
Article 1 – paragraph 5 – subparagraph 1a
By way of derogation from the first and second sentences, until 31 December 2030, the percentages and the 100 million allowances referred to in those sentences shall be doubled, if during the preceding year period on the European carbon market the average allowance price is lower than EUR 30.
2022/02/01
Committee: ITRE
Amendment 75 #

2021/0202(COD)

Proposal for a decision
Article 1
Decision (EU) 2015/1814
Article 1 – paragraph 5 – subparagraph 1
Amendments to Decision (EU) 2015/1814 In Article 1(5), first subparagraph, of Decision (EU) 2015/1814, the last sentence is replaced by the following: By way of derogation from the first and second sentences, until 31 December 2030, the percentages and the 100 million allowances referred to in those sentences shall be doubled.rticle 1 deleted
2022/01/20
Committee: ENVI
Amendment 47 #

2021/0200(COD)

Proposal for a regulation
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.
2022/02/23
Committee: TRAN
Amendment 51 #

2021/0200(COD)

Proposal for a regulation
Recital 13
(13) The COVID-19 pandemic has impacted the Union’s economy and its level of emissions to a degree that cannot yet be fully quantified. On the other hand, the Union is deploying its largest stimulus package ever, also having a potential impact on the level of emissions. Due to those uncertainties, it is appropriate to review the emissions data in 2025 and, if necessary, readjust the annual emission allocations.deleted
2022/02/23
Committee: TRAN
Amendment 57 #

2021/0200(COD)

Proposal for a regulation
Recital 14
(14) It is therefore appropriate to update in 2025 the annual emission allocations for the years 2026 to 2030. This should be based on a comprehensive review of the national inventory data carried out by the Commission in order to determine the average of the greenhouse gas emissions of each Member State during the years 2021, 2022 and 2023.deleted
2022/02/23
Committee: TRAN
Amendment 65 #

2021/0200(COD)

Proposal for a regulation
Recital 10
(10) In order to achieve the target of reducing greenhouse gas emissions by 55%, by the sectors covered by Regulation (EU) 2018/842, Member States will need to reduce their emissions progressively until they reach- 40% collectively the Union-wide target of 40 % reductions in 2030, compared to 2005 levels.
2022/02/24
Committee: ENVI
Amendment 78 #

2021/0200(COD)

Proposal for a regulation
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.
2022/02/23
Committee: TRAN
Amendment 86 #

2021/0200(COD)

Proposal for a regulation
Recital 13
(13) The COVID-19 pandemic has impacted the Union’s economy and its level of emissions to a degree that cannot yet be fully quantified. On the other hand, the Union is deploying its largest stimulus package ever, also having a potential impact on the level of emissions. Due to those uncertainties, it is appropriate to review the emissions data in 2025 and, if necessary, readjust the annual emission allocations.deleted
2022/02/24
Committee: ENVI
Amendment 91 #

2021/0200(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
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;
2022/02/23
Committee: TRAN
Amendment 93 #

2021/0200(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 2 – point c
(c) do not exceed, in the years 2026 to 2030, the limit defined by a linear trajectory starting in 2024, at the average of its greenhouse gas emissions during the years 2021, 2022 and 2023, as submitted by the Member State pursuant to Article 26 of Regulation (EU) 2018/1999, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation.deleted
2022/02/23
Committee: TRAN
Amendment 93 #

2021/0200(COD)

Proposal for a regulation
Recital 14
(14) It is therefore appropriate to update in 2025 the annual emission allocations for the years 2026 to 2030. This should be based on a comprehensive review of the national inventory data carried out by the Commission in order to determine the average of the greenhouse gas emissions of each Member State during the years 2021, 2022 and 2023.deleted
2022/02/24
Committee: ENVI
Amendment 98 #

2021/0200(COD)

Proposal for a regulation
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 .
2022/02/23
Committee: TRAN
Amendment 100 #

2021/0200(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 3 – subparagraph 4
For the years 2026 to 2030, it shall determine the annual emission allocations based on the value for the 2005 greenhouse gas emissions of each Member State indicated pursuant to the second subparagraph and on a comprehensive review of the most recent national inventory data for the years 2021, 2022 and 2023 submitted by the Member States pursuant to Article 26 of Regulation (EU) 2018/1999.deleted
2022/02/23
Committee: TRAN
Amendment 129 #

2021/0200(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 c (new)
Regulation (EU) 2018/842
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)
2022/02/23
Committee: TRAN
Amendment 130 #

2021/0200(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 d (new)
Regulation (EU) 2018/842
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.”
2022/02/23
Committee: TRAN
Amendment 131 #

2021/0200(COD)

Proposal for a regulation
Recital 18 a (new)
(18a) As COVID-19 changed the economic environment in the Union, including a 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 should contribute to that transition and should seek to meet their respective targets in line with this Regulation. Failing to meet those targets should result in the application of a corrective procedure that excludes financial penalties.
2022/02/24
Committee: ENVI
Amendment 185 #

2021/0200(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
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;
2022/02/24
Committee: ENVI
Amendment 192 #

2021/0200(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 2 – point (c)
(c) do not exceed, in the years 2026 to 2030, the limit defined by a linear trajectory starting in 2024, at the average of its greenhouse gas emissions during the years 2021, 2022 and 2023, as submitted by the Member State pursuant to Article 26 of Regulation (EU) 2018/1999, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation.deleted
2022/02/24
Committee: ENVI
Amendment 212 #

2021/0200(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 3 – subparagraph 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 in 2022 at the annual emission allocation of that Member State for that 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.
2022/02/24
Committee: ENVI
Amendment 219 #

2021/0200(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 3 – subparagraph 4
For the years 2026 to 2030, it shall determine the annual emission allocations based on the value for the 2005 greenhouse gas emissions of each Member State indicated pursuant to the second subparagraph and on a comprehensive review of the most recent national inventory data for the years 2021, 2022 and 2023 submitted by the Member States pursuant to Article 26 of Regulation (EU) 2018/1999.deleted
2022/02/24
Committee: ENVI
Amendment 284 #

2021/0200(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2018/842
Article 7
(b) paragraph 1 is amended as follows: (i) the introductory sentence is replaced by the following: ‘ To the extent that a Member State’s greenhouse gas emissions exceed its annual emission allocations for a given year, including any annual emission allocations banked pursuant to Article 5(3) of this Regulation, a quantity up to the sum of total net removals and total net emissions from the combined land accounting categories included in the scope of Regulation (EU) 2018/841, may be taken into account for its compliance under Article 9 of this Regulation for that year, provided that:. ’ (ii) point (a) is replaced by the following: ‘ (a) the cumulative quantity taken into account for that Member State for the years 2021 to 2025 does not exceed half of the maximum amount of total net removals set out in Annex III to this Regulation for that Member State; (aa) the cumulative quantity taken into account for that Member State for the years 2026 to 2030 does not exceed half of the maximum amount of total net removals set out in Annex III to this Regulation for that Member State;. ’ (iii)deleted paragraph 2 is deleted.
2022/02/24
Committee: ENVI
Amendment 305 #

2021/0200(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 c (new)
Regulation (EU) 2018/842
Article 8 – paragraph 3
(5c) In Article 8, paragraph 3 is replaced by the following: "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. "
2022/02/24
Committee: ENVI
Amendment 326 #

2021/0200(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2018/842
Article 9 – paragraph 2
2. If the greenhouse gas emissions of a Member State in either the period from 2021 to 2025 or the period from 2026 to 2030 referred to in Article 4 of Regulation (EU) 2018/841 exceeded its removals, as determined in accordance with Article 12 of that Regulation, the Central Administrator shall deduct from that Member State’s annual emission allocations an amount equal to those excess greenhouse gas emissions in tonnes of CO2 equivalent for the relevant years. If a Member State exceeds its emission allocations for two consecutive years, it shall provide reasoning in a report to the Commission and policy adjustments for its long-term national strategy.
2022/02/24
Committee: ENVI
Amendment 327 #

2021/0200(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EU) 2018/842
Article 9 – paragraph 2 a (new)
(6a) In Article 9 the following paragraph is added: “2a. The corrective actions shall not imply any form of financial penalties.”
2022/02/24
Committee: ENVI
Amendment 351 #

2021/0200(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) 2018/842
Article 11a – paragraph 3 – introductory sentence
3. The additional reserve shall consist of the net removals that participating Member States have generated in the period 20261 to 2030 in excess of their respective targets pursuant to Regulation (EU) 2018/841, after deduction of both of the following:
2022/02/24
Committee: ENVI
Amendment 47 #

2021/0164(COD)

Proposal for a regulation
Recital 13
(13) The application of the ‘do no significant harm’ principle is essential to ensure that the investments and reforms undertaken as part of the recovery from the pandemic are implemented in a sustainable manner and advance the green transition of the European Union. It should continue to apply to the reforms and investments supported by the Facility, with one targeted and timely exemption to safeguard the EU’ immediate energy security concerns. Considering the objective of diversifying energy supplies away from Russian suppliers, the reforms and investments set out in those REPowerEU chapters which aim to improve energy infrastructure and facilities to meet immediate security of supply needs for oil and gas and are completed by 31 December 2025 should not be required to comply with the principle of ‘do no significant harm’ and should therefore be exempted from such assessment. To ensure that such an exemption does not jeopardise the integrity of the European Union’s 2030 and 2050 climate targets, the Commission should also include an assessment of the climate and environmental impacts of this time-limited derogation and measures how to compensate them in its annual reports. In addition, this derogation should only be applicable to 25% of the total estimated cost of the REPowerEU chapter of each plan.
2022/09/08
Committee: ENVI
Amendment 55 #

2021/0164(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) Cross-border and multi-country projects, particularly those in the field of energy, have an important contribution to the achievement of the REPowerEU objectives. Therefore, at least 50% of the financial allocation of the REPowerEU chapter of each national plan should be allocated to measures for cross-border or multi-country projects.
2022/09/08
Committee: ENVI
Amendment 57 #

2021/0164(COD)

Proposal for a regulation
Recital 13 b (new)
(13b) Energy efficiency and renewable energies are the only solution to green our energy use. Therefore, it is imperative that all Member States take this chance and divert their investments under this Regulation in the achievement of their medium and long-term climate and energy targets. Therefore, Member States should only be able to receive revenues for their REPowerEU chapters under the condition that they have implemented the increased targets for EED and RED as proposed by the Commission under Directive (EU) 2022/222 (RePowerEU).
2022/09/08
Committee: ENVI
Amendment 67 #

2021/0164(COD)

Proposal for a regulation
Recital 16
(16) While extending the current intake rate of allowances to the Market Stability Reserve is needed to prevent in long term a significant increase of the surplus of allowances in the greenhouse gas emission allowance trading within the Union, the current economical and geopolitical situation requires the Union to mobilise available resources to rapidly diversify Union’s energy supply and reduce dependence on fossil fuels before 2030. In this context, Decision (EU) 2015/1814 of the European Parliament and of the Council4 and Directive 2003/87/EC of the European Parliament and of the Council5 should be amended to extend the doubling of the 24% intake rate of the Market Stability Reserve until 2030, while allowing for an temporary and exceptional release and monetisation of a portionnumber of allowances from the Market Stability Reserve and directing revenues towards reforms and investments contributing to REPowerEU objectives, in the Recovery and Resilience Facility framework, without impacting the achievement of the Union’s 2030 climate target. Therefore, the same number of allowances should be placed back in the Market Stability Reserve following the end of this temporary and exceptional release and monetisation of allowances and by 2030 at the latest. __________________ 4 Decision (EU) 2015/1814 of the European Parliament and of the Council of 6 October 2015 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC, OJ L 264/1 5 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC
2022/09/08
Committee: ENVI
Amendment 139 #

2021/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point b
(b) boosting energy efficiency in buildings, decarbonising industry, increasing production and uptake of sustainable biomethane and renewable or fossil-free hydrogen and increasing the share of renewable energy, including through measures to speed up permitting processes for plants producing renewable energy,
2022/09/08
Committee: ENVI
Amendment 146 #

2021/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 a (new)
(1a) The reforms and investments in accordance with Article 21c(1a) shall be limited to a maximum of 25% of the total estimated cost of the REPowerEU chapter of each plan.
2022/09/08
Committee: ENVI
Amendment 147 #

2021/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 b (new)
(1b) At least 50% of the total financial allocation of the REPowerEU chapters shall be used to finance exclusively cross- border or multicountry investments and reforms contributing to the objectives outlined in Article 21c (1).
2022/09/08
Committee: ENVI
Amendment 159 #

2021/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 4
(4) By way of derogation from Articles 5(2), 17(4), 18(4) point (d) and 19(3) points (d), the principle of “do no significant harm” within the meaning of Article 17 of Regulation (EU) 2020/852 shall not apply to the reforms and investments expected to contributeing to the REPowerEU objectives under paragraph 1, point (a) of this Article. This derogation shall only apply to reforms and investments to be completed by 31 December 2025. In accordance with Article 31 of Regulation (EU) 2021/241, the Commission shall also present in its reports to the European Parliament and the Council the environmental and climate-related impact of the time-limited application of this derogation and present which measures are taken by the European Union and the Member States to compensate for any resulting negative impact on the environment and the path to reach the EU's emissions reduction target as set out in Regulation (EU) 2021/1119.
2022/09/08
Committee: ENVI
Amendment 181 #

2021/0164(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 1
Directive 2003/87/EC
Article 10e – paragraph 1
(1) For the period until 31 December 2026[12 months after the entry into force of this Regulation], the allowances released pursuant to Article 1(6) of Decision (EU) 2015/1814 shall be auctioned until the amount of revenue obtained from such auctioning has reached EUR 20 billion. This revenue shall be made available to the Recovery and Resilience Facility established by Regulation (EU) 2021/241 for the purpose of contributing to the REPowerEU objectives as set out in Article 21c(1) of that Regulation and shall be implemented in accordance with the provisions of that Regulation.
2022/09/08
Committee: ENVI
Amendment 195 #

2021/0164(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Decision (EU) 2015/1814
Article 1 – paragraph 6
By way of derogation from the first subparagraph, for a period until 31 December 2026[12 months after the entry into force of this Regulation], a number of allowances shall be released from the reserve and auctioned in accordance with Article 10e of Directive 2003/87/EC, until the amount of revenue obtained from such auctioning has reached EUR 20 billion. Over a period of 48 months beginning on 1 January 2027, the same number of allowances as is released from the reserve in accordance with this subparagraph shall be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of that Directive and shall be placed in the reserve.
2022/09/08
Committee: ENVI
Amendment 198 #

2021/0164(COD)

Proposal for a regulation
Article 6 – paragraph 1
This Regulation shall apply from the date by which the Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2022/222 amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency. This Regulation shall be binding in its entirety and directly applicable in all Member States.
2022/09/08
Committee: ENVI
Amendment 138 #

2021/0106(COD)

Proposal for a regulation
Recital 3 a (new)
(3a) 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 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.
2022/03/31
Committee: ITRE
Amendment 169 #

2021/0106(COD)

Proposal for a regulation
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended 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.
2022/03/31
Committee: ITRE
Amendment 250 #

2021/0106(COD)

(76a) 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.
2022/03/31
Committee: ITRE
Amendment 253 #

2021/0106(COD)

Proposal for a regulation
Recital 86 a (new)
(86a) In order to ensure uniform conditions for the implementation of this Regulation, it shall 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;
2022/03/31
Committee: ITRE
Amendment 260 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) users of AI systems located withusing the AI system in the Union ;
2022/03/31
Committee: ITRE
Amendment 275 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, indispensably with some degree of autonomy, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with;
2022/03/31
Committee: ITRE
Amendment 322 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order 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;
2022/03/31
Committee: ITRE
Amendment 324 #

2021/0106(COD)

Proposal for a regulation
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;
2022/03/31
Committee: ITRE
Amendment 328 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part
(d) the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement, unless and in as far as such use by law enforcement is strictly necessary for one of the following objectives:
2022/03/31
Committee: ITRE
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;
2022/06/13
Committee: IMCOLIBE
Amendment 351 #

2021/0106(COD)

Proposal for a regulation
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.
2022/03/31
Committee: ITRE
Amendment 357 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. In addition to the high-risk AI systems referred to in paragraph 1, and in accordance with paragraph -1 of this Article, AI systems referred to in Annex III shall also be considered high-risk.
2022/03/31
Committee: ITRE
Amendment 376 #

2021/0106(COD)

Proposal for a regulation
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.
2022/06/13
Committee: IMCOLIBE
Amendment 410 #

2021/0106(COD)

Proposal for a regulation
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;
2022/03/31
Committee: ITRE
Amendment 431 #

2021/0106(COD)

Proposal for a regulation
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended 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.
2022/06/13
Committee: IMCOLIBE
Amendment 520 #

2021/0106(COD)

Proposal for a regulation
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.
2022/06/13
Committee: IMCOLIBE
Amendment 523 #

2021/0106(COD)

Proposal for a regulation
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.
2022/03/31
Committee: ITRE
Amendment 527 #

2021/0106(COD)

Proposal for a regulation
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 EU only if it is proven that at all the stages of its design, development, training, validation, testing or approval, all the obligations required from such AI systems in EU have been met.
2022/03/31
Committee: ITRE
Amendment 549 #

2021/0106(COD)

Proposal for a regulation
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.
2022/06/13
Committee: IMCOLIBE
Amendment 572 #

2021/0106(COD)

Proposal for a regulation
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. AI systems used for this purpose may lead to discrimination of persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small-scale 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.
2022/06/13
Committee: IMCOLIBE
Amendment 597 #

2021/0106(COD)

Proposal for a regulation
Article 57 – paragraph 3 a (new)
3a. 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.
2022/03/31
Committee: ITRE
Amendment 622 #

2021/0106(COD)

Proposal for a regulation
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;
2022/06/13
Committee: IMCOLIBE
Amendment 623 #

2021/0106(COD)

Proposal for a regulation
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 interests of small-scale providers andsize and the interests of SME providers, including start-ups and their economic viability.
2022/03/31
Committee: ITRE
Amendment 625 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 2
2. The Member States shall notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.deleted
2022/03/31
Committee: ITRE
Amendment 638 #

2021/0106(COD)

Proposal for a regulation
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;
2022/03/31
Committee: ITRE
Amendment 742 #

2021/0106(COD)

Proposal for a regulation
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.
2022/06/13
Committee: IMCOLIBE
Amendment 775 #

2021/0106(COD)

Proposal for a regulation
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;
2022/06/13
Committee: IMCOLIBE
Amendment 822 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) users of AI systems located withusing the AI system in the Union;
2022/06/13
Committee: IMCOLIBE
Amendment 914 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, indispensably with some degree of autonomy, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with;
2022/06/13
Committee: IMCOLIBE
Amendment 1049 #

2021/0106(COD)

Proposal for a regulation
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 ;
2022/06/13
Committee: IMCOLIBE
Amendment 1137 #

2021/0106(COD)

Proposal for a regulation
Article 4 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the list of techniques and approaches listed in Annex I, within the scope of the definition of an AI system as provided for in Article 3(1), in order to update that list to market and technological developments on the basis of characteristics and hazards that are similar to the techniques and approaches listed therein.
2022/06/13
Committee: IMCOLIBE
Amendment 1165 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order 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;
2022/06/13
Committee: IMCOLIBE
Amendment 1183 #

2021/0106(COD)

Proposal for a regulation
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;
2022/06/13
Committee: IMCOLIBE
Amendment 1243 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part
(d) the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement, unless and in as far as such use by law enforcement is strictly necessary for one of the following objectives:
2022/06/13
Committee: IMCOLIBE
Amendment 1412 #

2021/0106(COD)

Proposal for a regulation
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.
2022/06/13
Committee: IMCOLIBE
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.
2022/06/13
Committee: IMCOLIBE
Amendment 1698 #

2021/0106(COD)

Proposal for a regulation
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;
2022/06/13
Committee: IMCOLIBE
Amendment 1716 #

2021/0106(COD)

Proposal for a regulation
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.
2022/06/13
Committee: IMCOLIBE
Amendment 1813 #

2021/0106(COD)

Proposal for a regulation
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.
2022/06/13
Committee: IMCOLIBE
Amendment 2061 #

2021/0106(COD)

Proposal for a regulation
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].
2022/06/13
Committee: IMCOLIBE
Amendment 2080 #

2021/0106(COD)

Proposal for a regulation
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.
2022/06/13
Committee: IMCOLIBE
Amendment 2245 #

2021/0106(COD)

Proposal for a regulation
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.
2022/06/13
Committee: IMCOLIBE
Amendment 2250 #

2021/0106(COD)

Proposal for a regulation
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;
2022/06/13
Committee: IMCOLIBE
Amendment 2457 #

2021/0106(COD)

Proposal for a regulation
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.
2022/06/13
Committee: IMCOLIBE
Amendment 2774 #

2021/0106(COD)

Proposal for a regulation
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.
2022/06/13
Committee: IMCOLIBE
Amendment 2817 #

2021/0106(COD)

Proposal for a regulation
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.
2022/06/13
Committee: IMCOLIBE
Amendment 2823 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 2
2. The Member States shall notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3054 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – introductory part
1. Biometric identification and categorisation of natural persons:
2022/06/13
Committee: IMCOLIBE
Amendment 3062 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a
(a) AI systems intended to be used for the ‘real-time’ and ‘post’ remote biometric identification of natural persons without their agreement, including remote biometric identification;
2022/06/13
Committee: IMCOLIBE
Amendment 3111 #

2021/0106(COD)

Proposal for a regulation
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;
2022/06/13
Committee: IMCOLIBE
Amendment 3131 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b
(b) AI systems intended to be used to evaluate the creditworthiness of natural persons or establish their credit score, with the exception of AI systems put into service by small scale providers for their own use; or AI systems related to low- value credits for the purchase of movables;
2022/06/13
Committee: IMCOLIBE
Amendment 3145 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point c a (new)
(c a) AI systems intended to be used for insurance premium setting, underwritings and claims assessments, with the exception of AI systems related to low- value property insurance.
2022/06/13
Committee: IMCOLIBE
Amendment 56 #

2020/2260(INI)

Motion for a resolution
Citation 8 a (new)
- having regard to the Commission communication of 19 February 2020 entitled White Paper on Artificial Intelligence - A European approach to excellence and trust (COM(2020) 65),
2021/02/18
Committee: ENVIAGRI
Amendment 523 #

2020/2260(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Emphasises that all legislative and non-legislative action taken by the Commission, including the negotiation and ratification of international agreements, and activity in international organisations, must ensure that the same standards and requirements are enforced in respect of non-EU agriculture whose products are imported into the EU as in respect of EU agriculture, including, inter alia, environmental, food safety and quality, health, phytosanitary, animal welfare and other standards and requirements adopted in connection with the achievement of the objectives set out in the European Green Deal and the Sustainable Development Goals;
2021/02/18
Committee: ENVIAGRI
Amendment 545 #

2020/2260(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. The pursuit by the EU of the objectives of the European Green Deal and the Sustainable Development Goals must not result in, among others, the environmental burden on agricultural production being pushed out of the EU by increased imports of agricultural products of a lower standard; on the contrary, the access requirements to the European Union’s common market should serve to promote the objectives of the European Green Deal and the Sustainable Development Goals;
2021/02/18
Committee: ENVIAGRI
Amendment 607 #

2020/2260(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the announcement of an impact-assessed proposal for a legislative framework for sustainable food systems; invites the Commission to use this proposal to set out a holistic common food policy aimed at reducing the environmental and climate footprint of the EU food system in order to make Europe the first climate- neutral continent by 2050 and strengthen its resilience to ensure food security in the face of climate change and biodiversity loss, leading a global transition towards sustainability from farm to fork, based on the principle of a multifunctional agricultural sector while ensuring consistency between policies by taking into account the existing legislation in order to enable all actors in the European food system to develop long-term plans based on realistic and transparent objectives; suggests that the respective base lines and progress achieved in each Member State be taken into account, while promoting the exchange of know-how and best practices between Member States; stresses the need to include the entire food and beverage chains inside the EU and outside the EU, including processing, marketing, distribution and retail;
2021/02/18
Committee: ENVIAGRI
Amendment 944 #

2020/2260(INI)

Motion for a resolution
Paragraph 4
4. Emphasises the importance of recognising the significant impact of agriculture and especially animal production on greenhouse gas (GHG) emissions and land use; stresses the need to enhance natural carbon sinks, including improved soil sequestration and a greater contribution of the bio-economy to the EU economy, and reduce agricultural emissions of carbon dioxide, methane and nitrous oxide, in particular in the feed and livestock sectors; calls for regulatory measures and targets to ensure progressive reductions in all GHG emissions in these sectors;
2021/02/18
Committee: ENVIAGRI
Amendment 1598 #

2020/2260(INI)

Motion for a resolution
Paragraph 15
15. Recalls the need to promote effective Agricultural Knowledge and Innovation Systems (AKIS), enabling all food chain actors to become sustainable by speeding up innovation and accelerating knowledge transfer; emphasises the need to implement broad education in the EU on the applications, benefits and risks of artificial intelligence algorithms, automation and robotics, precision farming, digital farming, electromobility and Agriculture 4.0 as set out in the White Paper on Artificial Intelligence entitled ‘A European Approach to Excellence and Trust’, and to support the implementation of these solutions in EU agriculture, especially on family farms; recalls, in addition, the need for a farm sustainability data network to set benchmarks for farm performance and document the uptake of sustainable farming practices, while allowing for the precise and tailored application of new production approaches at farm level by providing farmers with access to fast broadband connections;
2021/02/18
Committee: ENVIAGRI
Amendment 1619 #

2020/2260(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Reiterates the view that AI (Artificial Intelligence) solutions may benefit society in the area of food safety, among others by supporting precision farming or more broadly Farming 4.0, where the Union is among the leaders in AI applications (e.g. for automated machine adjustments for weather forecasting or disease identification), and will allow, in line with the priorities of the Green Deal and of a Europe fit for the digital age, more effective production to be combined with higher environmental standards and better utilisation of resources, which is especially important in areas where water resources are scarce and climate change has severe impacts;
2021/02/18
Committee: ENVIAGRI
Amendment 1762 #

2020/2260(INI)

Motion for a resolution
Paragraph 18
18. Welcomes the fact that the strategy rightly recognises the role and influence of the food environment in shaping consumption patterns and the need to make it easier for consumers to choose healthy and sustainable diets; reiterates the importance of promoting sustainable diets by raising consumer awareness of the impacts of consumption patterns and providing information on diets that are better for human health and have a lower environmental footprint; underlines that food prices must send the right signal to consumers; welcomes, therefore, the strategy’s objective that the healthy and sustainable choice should become the most affordable one, by reducing its cost and sale price in such a way as to avoid a general increase in food prices, which affects the poorest;
2021/02/18
Committee: ENVIAGRI
Amendment 1822 #

2020/2260(INI)

Motion for a resolution
Paragraph 19
19. Reaffirms its belief that policy measures that are dependent solely on consumer choice unduly shift the responsibility to purchase sustainable products to consumers; notes that third- party certification and labelling alone are not effective in ensuring sustainable production and consumption;deleted
2021/02/18
Committee: ENVIAGRI
Amendment 1906 #

2020/2260(INI)

Motion for a resolution
Paragraph 20
20. Highlights the recognition in the strategy that Europeans’ diets are not in line with recommendations for healthy eating, and that a population-wide shift in consumption patterns is needed towards more healthy and plant-based foods and less red and processed meat, sugars, salt, and fats, which will also benefit the environment; emphasises that EU-wide guidelines for sustainable and healthy diets would bring clarity to consumers on what constitutes a healthy and sustainable diet and inform Member States’ own efforts to integrate sustainability elements in national dietary advice; calls on the Commission to develop such guidelines and specific actions to effectively promote healthy plant-based dietsdiets and the importance of plant products within them;
2021/02/18
Committee: ENVIAGRI
Amendment 83 #

2020/2071(INI)

Motion for a resolution
Recital C
C. whereas the loss of European sovereignty and independence in the health sector is linked to the relocation of production, with 40% of medicinal end products marketed in the EU now originating in third countries; whereas the only way to save money is toEurope has a strong manufacturing footprint which should be incentivised, the supply chain still relyies heavily on subcontractors to produce pharmaceutical raw materials in Asia, where labour costs and environmental standards are lower, with the result that 8065% of active ingredients are manufactureding comes from outside the EU, mainly in China and India;
2020/06/08
Committee: ENVI
Amendment 110 #

2020/2071(INI)

Motion for a resolution
Recital D
D. whereas the consequence of growing demand coupled with price suppression is thepressure, lack of market predictability and burdensome regulatory framework result in a concentration of supply, a reduction in the number of chemicals manufacturers and a lack of alternative solutions should problems arise;
2020/06/08
Committee: ENVI
Amendment 125 #

2020/2071(INI)

Motion for a resolution
Recital E
E. whereas stocksing of ‘strategic’ medicines areis an inadequate strategy to prevent shortages, with chemicals that are cheap and easy to produce and mature medicines being in particularly short supply; whereas pharmaceutical firmsome hospitals operate on a just-in-time basis;
2020/06/08
Committee: ENVI
Amendment 136 #

2020/2071(INI)

Motion for a resolution
Recital F
F. whereas there are no price harmonisation arrangements to facilitate ‘parallel exports’ to countries where the medicine in question is more expensiv‘parallel exports’ from countries with lower medicine prices to countries where the medicine in question is more expensive, the parallel trade is driven by more factors than the price differences alone;
2020/06/08
Committee: ENVI
Amendment 153 #

2020/2071(INI)

Motion for a resolution
Recital G
G. whereas, in the absence of a regulatory authority, stockpiling in some Member States is leading to a market imbalance stockpiling in some Member States, without effective EU coordinating policies, is leading to a market imbalance, price rise and potential shortages;
2020/06/08
Committee: ENVI
Amendment 169 #

2020/2071(INI)

Motion for a resolution
Recital I
I. whereas the greater number, geographical spread and impact of epidemics is partly attributable to climate change, in combination with globalisation and increased travel;deleted
2020/06/08
Committee: ENVI
Amendment 176 #

2020/2071(INI)

Motion for a resolution
Recital J
J. whereas the destruction of biodiversity, the proliferation of man- made habitats and damage to natural areas densely populated by humans are facilitating the propagation of zoonoses, i.e. the transmission to humans and rapid spread of animal pathogens;deleted
2020/06/08
Committee: ENVI
Amendment 207 #

2020/2071(INI)

Motion for a resolution
Paragraph 1
1. Stresses the geostrategic imperative that the Union regain its sovereignty and independence with regard to health care and secure its supply of medicines and medical equipment, by among others building on the existing 400 generic and biosimilar medicines factories which supply the majority of medicines to European patients;
2020/06/08
Committee: ENVI
Amendment 248 #

2020/2071(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Calls on the Commission to coordinate a Pan-European response on medicines shortages to ensure equitable and sustainable access to medicines; a coordinated EU response is of utmost importance to avoid spillover effects of individual and uncoordinated national measures to address medicines shortages and ensure the right of patients to universal, equitable, affordable, effective, safe and timely access to essential medicines, as well as to guarantee the sustainability of the EU public healthcare systems; this Pan-European approach must focus on coordinating Member State policy measures to address the root causes of medicines shortages;
2020/06/08
Committee: ENVI
Amendment 260 #

2020/2071(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Urges the European Commission and relevant authorities to identify, assess and address the multifactorial root causes of medicines shortages, namely the economic causes, increasing regulatory burden, unforeseen surges in demand, supply chain interdependencies and manufacturing and quality challenges. Thereafter to propose an ambitious EU plan to prevent medicines shortages, articulated in short, mid and long term sustainable policies that stimulate competition and investment in manufacturing as well as strengthen security and resilience of supply to guarantee sustainable and equitable access to medicines;
2020/06/08
Committee: ENVI
Amendment 286 #

2020/2071(INI)

Motion for a resolution
Paragraph 4
4. Calls on the Commission and the Member States to take whatever action is needednecessary actions to restore European health sovereignty and local pharmaceutical manufacturing, giving priority to essential and strategic medicines; calls on the Commission to map out existing and potential production sites in the EU;
2020/06/08
Committee: ENVI
Amendment 298 #

2020/2071(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. The EU shall support and coordinate Member States, using all necessary market and regulatory instruments, to secure the production of medicines and other necessary means of medical use, by EU manufacturers, at the levels meeting the needs of Member States for the duration of time period sufficient to adapt supplies from the third countries in the event of crisis, leaving the production above the level to free market;
2020/06/08
Committee: ENVI
Amendment 340 #

2020/2071(INI)

Motion for a resolution
Paragraph 6
6. Urges the Commission and the Member States to introduce tax and financial incentives in return for appropriate commitments and to authorise state aid to encourage producers to locate their operations in Europe, from compound manufacturing to packaging and distribuAPI to medicines manufacturing; also urges the Member States to put in place sustainable market policies to secure existing operations; emphasises the strategic significance of this sector and the importance of investing in European companies, in the interests of resource diversification;
2020/06/08
Committee: ENVI
Amendment 408 #

2020/2071(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Recalls the existing evidence highlighting the role of sustainable procurement practices in preventing medicines shortages; calls on the Commission to support Member States in the prevention of shortages by developing ad hoc EU Guidelines on procurement of medicines, under the current public procurement directive, aimed at ensuring long-term sustainability, competition, security of supply and stimulating investments in manufacturing;
2020/06/08
Committee: ENVI
Amendment 413 #

2020/2071(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Urges the Commission, in the context of the EU public procurement Directive 2014/24/EU, to promptly propose ad-hoc guidance for Member States to support sustainable tender practices for pharmaceuticals, where tender practices are used, notably on how to best implement the Most Economically Advantageous Tender (MEAT)criteria, looking beyond the lowest price criteria only and rewarding quality and security of supply investments;
2020/06/08
Committee: ENVI
Amendment 427 #

2020/2071(INI)

Motion for a resolution
Paragraph 9
9. Calls on the Commission and the Member States to create one or more European non-profit pharmaceutical undertakings which operate in the public interest to manufacture priority medicines of strategic importance for health careMember States, in the public interest, to create long-term commitments with manufacturers to ensure medicines of strategic importance for health care and in danger of being withdrawn are maintained in the European market; stresses the key contribution that can be made by new technologies ande.g. artificial intelligence applications, in enabling European laboratory researchers to form networks and share their objectives and findings;
2020/06/08
Committee: ENVI
Amendment 457 #

2020/2071(INI)

Motion for a resolution
Paragraph 11
11. Stresses the importance of research and innovation, including the off-patent segment, and calls for the establishment of a genuine European network, given that the price of relocation must not be a deterioration in the quality of medical research;
2020/06/08
Committee: ENVI
Amendment 496 #

2020/2071(INI)

Motion for a resolution
Paragraph 12
12. Recommends the introduction of centralised managementadvancing coordination in the EU to bring about greater transparency in the distribution chain and the creation of a European supply management unit tasked with developing a European strategy to prevent and resolve breaks in supply;
2020/06/08
Committee: ENVI
Amendment 526 #

2020/2071(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to develop European health strategies on the basis of a common basket of drugs for the treatment of cancer and infections whose prices are harmonisedstrengthening their strategic supply chains rather than creating further concentration, in a bid to counter recurrent shortages and ensure that patients have access to treatment;
2020/06/08
Committee: ENVI
Amendment 571 #

2020/2071(INI)

Motion for a resolution
Paragraph 15
15. Calls on the Commission and the Member States to adopt a joint definition of ‘medicines of strategic importance for health care’ and of ‘criticality’, emphasising the value of these medicines for public health, the lack of alternatives and the vulnerability of the production chain; calls for a European regulatory authoritymedicines supply committee to be designated to carry out the task of setting quotas for the allocation of medicines from that reserve to the Member States;
2020/06/08
Committee: ENVI
Amendment 585 #

2020/2071(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Commission and Member States to develop innovative and coordinated strategies and to step up exchanges of good practice in the area of stock management; considers thatto prevent shortages; considers that a European medicines supply committee, composed of National Authorities (CMDh) and the European Medicines Agency (EMA), could be designated as the regulatory authority tasked with preventing shortages of essential medicines, with a correspondingly wider remit and more staff; calls on the committee to ensure a close two way dialogue with the pharmaceutical supply chain to prevent shortages;
2020/06/08
Committee: ENVI
Amendment 603 #

2020/2071(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Following good practices of the Commission, of EMA and CMDh guidance to support availability of medicines used in the COVID-19 pandemic, calls on the Commission and relevant authorities to optimise the regulatory system and to simplify regulatory processes to ensure a reduction of the administrative burden of maintaining medicinal products on the market, to react quickly to patients’ needs and ensure prompt supply and access to high quality treatments; simplification can be achieved by amending the existing Regulation (EC) No 1234/2008 (Variations Regulation) and the Variations Classification Guidelines and making the most of the telematics tools at pan-European level;
2020/06/08
Committee: ENVI
Amendment 607 #

2020/2071(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Calls on the Commission and relevant authorities to provide regulatory flexibility to mitigate medicines shortages when they occur, by allowing targeted measures such as more flexibility for multi-language packs, different pack size and e-leaflet, to ensure that patients are able to access high-quality and safe medicines faster;
2020/06/08
Committee: ENVI
Amendment 638 #

2020/2071(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Commission to set up an single innovative centralised digital platform for sharingreporting and notifying harmonised information provided by national agencies and all stakeholders regarding shortages of medicines and medical equipment; such a platform should be efficient, easy to work with, transparent and avoid duplications; welcomes the introduction by the EMA of the SPOC and i-SPOC systems, which should be integrated in the EU telematics strategy; calls for existing information systems to be improved so as to provide a clear overview of problems, shortages and requirementdemand and shortages in each Member State, with a view to preventing stockpiling;
2020/06/08
Committee: ENVI
Amendment 692 #

2020/2071(INI)

Motion for a resolution
Paragraph 20
20. Calls for an electronic information notice to be drawn up in all the Union languages for every medicine on the EU market,to accompany the paper leaflet with the implementation of a parallel electronic product information leaflet in all EU languages in order to facilitate sales ofmoving medicines between Member States; recommends the provision of more comprehensive information on the origin of medicineswithin the Single Market to prevent and mitigate a shortage;
2020/06/08
Committee: ENVI
Amendment 714 #

2020/2071(INI)

Motion for a resolution
Paragraph 21
21. Welcomes, following the onset of the COVID-19 crisis, the introduction of more flexible rules in a bid to mitigate shortages and facilitate the circulation of medicines between Member States: acceptance of different packaging formats, reuse procedure to enable marketing authorisation holders to obtain approval in another Member State, longer expiry periods, use of veterinary medicinal products, etc.; calls on the Commission to monitor strictly the use and the requirements of these arrangements and to keep them available in the event of problems or shortages;, also non COVID- 19 related
2020/06/08
Committee: ENVI
Amendment 725 #

2020/2071(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Calls on the Commission, in the context of the upcoming Pharmaceutical Strategy, to propose and implement an ambitious agenda to optimise the current regulatory framework, in order to contribute to the prevention of medicines shortage by reducing the administrative burden both for the regulators and the industry, reflecting the evolution in technology, as well as fostering greater economic resilience and therefore access to and availability of affordable medicines for patients; in this context, encourages the Commission to make use and implement the digital and telematics tools at pan-European level, as well as to consider amending Regulation (EC) No 1234/2008 (Variations Regulation) and the Variations Classification Guidelines;
2020/06/08
Committee: ENVI
Amendment 6 #

2020/2043(INI)

Draft opinion
Paragraph 1
1. Welcomes the Paris Agreement, the Green Deal and the goal of achieving climate neutrality by 2050; notes the lack of international climate effortssignificant divergence of climate efforts between different countries; underlines that EU climate policy must go hand in hand with increased economic growth and competitiveness for the European industry based on the principles of free and fair competition; believes that an EU carbon border adjustment mechanism (‘the mechanism’) cshould serve to incentivise international efforts to combat climate change, therefore asks the Commission to consider all available options while drawing up proposal for any such mechanism;
2020/10/05
Committee: ITRE
Amendment 8 #

2020/2043(INI)

Draft opinion
Paragraph 2
2. Acknowledges that the primary purpose of the carbon border adjustment mechanism (CBAM) must be to enable internationally effective carbon pricing schemes, to mitigate the leakage dilemmaprovide a level playing field for decarbonisation costs by applying the adequate price for Indirect Carbon Influx (carbon footprint of goods consumed in the EU and produced in theird countext of the Emissions Trading Scheme (ETS)ries) along with the 'polluter pays' principle and thereby reducing EU and global GHG emissions and to prevent distortions to competition and trade upholding competitiveness of European industries; stresses that the CBAM will help the EU to meet its climate targets while keeping a level playing field inon EU international tradel market for goods produced in EU and imported ones, with the aim of galvanising the rest of the world into taking climate action in line with Paris Agreement;
2020/11/17
Committee: BUDG
Amendment 16 #

2020/2043(INI)

Draft opinion
Paragraph 2 a (new)
2a. Underlines that the introduction of CBAM has to be based on a thorough Impact Assessment which takes into consideration the impact of CBAM on competitiveness of European exporters, the reaction of countries and suppliers outside the European Union and possible counter measures taken by affected third countries against European industries to ensure access to export markets
2020/11/17
Committee: BUDG
Amendment 21 #

2020/2043(INI)

Draft opinion
Paragraph 2 b (new)
2b. asks the Commission to consider any design options that allow the existing carbon leakage measures to co-exist with the mechanism while not leading to double protection; therefore takes the view that the mechanism should co-exist together with the free allocation of allowances for certain sectors; the potential phasing out of existing carbon leakage measures should be the effect of longstanding climate policy and not the result of introduction of CBAM;
2020/11/17
Committee: BUDG
Amendment 23 #

2020/2043(INI)

Draft opinion
Paragraph 2 c (new)
2c. Recalls that the EU economy is facing the biggest global economic crisis since the Great Depression with companies all over Europe hit especially hard; stresses that especially at this time EU climate policy must be aligned to economic growth and competitiveness for the European industry and SMEs; Emphasizes that, as a result of the EU's increased ambition on climate change, risk of carbon leakage increased consequently; Therefore urges the Commission to ensure full carbon- leakage protection in all its policies accordingly; Stresses, taking into account the reasons mentioned, that the CBAM must not replace existing carbon leakage measures under the EU Emissions Trading System (EU ETS), which are competitiveness measures in character, but should work as an addition alongside them while not leading to double protection;
2020/11/17
Committee: BUDG
Amendment 24 #

2020/2043(INI)

Draft opinion
Paragraph 2
2. Underlines that international carbon pricing and fully competitive low-emission solutions would render the mechanism obsolete; stresses, therefore, that the EU needs to step up efforts in this respect; recalls that many technical solutions for mitigating CO2 are still at the pilot stage and far from being economically feasible; underlines that the Union’s increased climate ambition at the core of the Green Deal will increase the risk of carbon leakage in many industrial sectors;
2020/10/05
Committee: ITRE
Amendment 39 #

2020/2043(INI)

Draft opinion
Paragraph 5
5. Takes note of various prudent revenue estimates ranging from 5 to 14 billion EUR per year, depending on the scope and design of the new instrument; points out that while finally covering a vast majority of imports and thus providing higher revenues, as a starting point it should gradually cover certain sectors of economy chosen according to thorough Impact Assessment; highlights the fact that the EU budget is in any event uniquely suited to absorbing fluctuations of revenue or even long-term regressive effects;
2020/11/17
Committee: BUDG
Amendment 40 #

2020/2043(INI)

Draft opinion
Paragraph 3
3. Emphasises that decentralised climate actions can lead to carbon leakage and a competitive disadvantage on international markets for the EU industry; urges the Commission, therefore, to implement the mechanism as a complementary tool to existing carbon measures to ensure full carbon-leakage protection and to consider the inclusion of export rebates in the mechanism;
2020/10/05
Committee: ITRE
Amendment 43 #

2020/2043(INI)

Draft opinion
Paragraph 3
3. Emphasises that decentralisedasymmetrical climate actions can lead to carbon leakage and a competitive disadvantage on international markets for the EU industry; urges the Commission, therefore, to ensure full carbon-leakage protection and to consider the inclusion ofinclude export rebates in the mechanism;
2020/10/05
Committee: ITRE
Amendment 45 #

2020/2043(INI)

Draft opinion
Paragraph 3 a (new)
3a. Recalls that the EU’s climate policy and industrial policy must go hand in hand, to avoid carbon and investment leakage and protect jobs; stresses that any mechanism must be embedded into our industry strategy, creating an incentive for industries to produce clean and competitive products, and avoid carbon leakage, without endangering trade opportunities.
2020/10/05
Committee: ITRE
Amendment 54 #

2020/2043(INI)

Draft opinion
Paragraph 4
4. Suggests a progressive mechanism that first includes sectors with the highest risk of carbon leakage before being enlarged over time; stresses that this should not lead to internal market distortionHighlights the role such a mechanism could play, if balanced and appropriately implemented, in energy intensive industries, such as steel, cement and aluminium, given the experienced trade exposure of those sectors and their participation in the ETS; Suggests a progressive mechanism that first includes sectors with the highest risk of carbon leakage before being enlarged over time if deemed appropriate; considers it necessary that the scope of the mechanism covers as a large part of the carbon footprint of a product as possible, i.e. through the inclusion of emissions from energy in production; stresses that this should be done considering their respective value chains and not lead to internal market distortions notably on downstream markets; recalls that determining the carbon footprint of a product includes several insecurities and that the mechanism should not contribute to an undue regulatory burden for importing companies especially SMEs;
2020/10/05
Committee: ITRE
Amendment 60 #

2020/2043(INI)

Draft opinion
Paragraph 4
4. Suggests a progressive mechanism that first includes sectors with the highest risk of carbon leakage before being enlarged over time; stresses that this shoulsuch mechanism should be applied to all third countries without a carbon trading scheme ideally linked to the EU ETS or equivalent carbon pricing mechanism and not lead to internal market distortions;
2020/10/05
Committee: ITRE
Amendment 67 #

2020/2043(INI)

Draft opinion
Paragraph 5
5. Stresses the need to limit international retaliation measures against the EU caused by the mechanism; urges the Commission to make the mechanism World Trade Organization-compatible ongly emphasises that the success of European SMEs and Hidden Champions depends on access to global markets. Therefore, calls on the Commission to base any legislative proposal on a thorough impact assessment, which takes into consideration the impact of possible counter measures taken by affected third countries against European industries Stresses the need to limit and possibly avoid international retaliation measures against the EU caused by the mechanism; urges the Commission to make the mechanism compatible with the WTO acquis and provisions in the Union’s free trade agreements and to take a multilateral approach to its design; underlines the need to deduct costs incurred from carbon taxes, emissions rights under cap-and- to take a multilateral approach to its desrade schemes or equivalent climate mitigation measures, including those of a regulatory rather than a fiscal nature, in the country of production from payments at import under the mechanism and to avoid any discrimination based on origin;
2020/10/05
Committee: ITRE
Amendment 70 #

2020/2043(INI)

Draft opinion
Paragraph 5 a (new)
5a. Expresses its deep concern over the erosion of the multilateral trading system and the effects from increased trade barriers and trade conflicts for the competitiveness of the EU industry; stresses that the introduction of a mechanism must not contribute to an increased insecurity in this regard; recognises that in order for the European industry to be competitive, it needs access to global supply chains for sourcing and further processing and to global markets; calls on the Commission to actively engage with trade partners’ governments to ensure a continued dialogue with trade partners’ governments on this initiative; Underlines that trade policy can and should be used to promote a positive environmental agenda and to avoid major differences in environmental ambition between the EU and the rest of the world, but this should be done in proportional and balanced ways, be evidence based and not be used as a cover for protectionism;
2020/10/05
Committee: ITRE
Amendment 76 #

2020/2043(INI)

Draft opinion
Paragraph 5 b (new)
5b. Emphasises that while the purpose of the mechanism must be to contribute to lower carbon emissions globally and limit carbon leakage, the design should contribute to a level playing field for the European industry both on European and in international markets in line with the Industry Strategy; highlights the need for specific attention to maintaining the availability of inputs in the supply chains and competitiveness of downstream manufacturing industries;
2020/10/05
Committee: ITRE
Amendment 79 #

2020/2043(INI)

Draft opinion
Paragraph 5 c (new)
5c. Emphasises that the EU Emissions Trading System (ETS) is and should remain the key market based instrument to cost-effectively reduce CO2 emissions this includes the system of free allowances; asks the Commission to consider any design options that allow the existing carbon leakage measures to co- exist with the mechanism while not leading to double protection; therefore takes the view that the mechanism should co-exist together with the free allocation of allowances for certain sectors; the phasing out of existing carbon leakage measures could cause a loss of competitiveness of companies in the single market and globally; stresses the need for equally effective measures if existing measures are to be phased out.
2020/10/05
Committee: ITRE
Amendment 90 #

2020/2043(INI)

Draft opinion
Paragraph 6
6. Underlines that the resources incurred by the mechanism are to be considered EU own resources; is convinced that these resources must be used for climate measuresmust not create distortions based on the Member State of import but help level the global playing field between competing industries and for low carbon investment and industrial manufacturing transformation;
2020/10/05
Committee: ITRE
Amendment 105 #

2020/2043(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to conduct an in-depth impact assessment of different mechanisms and designsalternatives before presenting a legislative proposal; including regulatory climate standards for imported products and the compatibility with EU ETS’s free allocation of allowances, to incentivise international climate action and prevent carbon leakage before presenting a legislative proposal.
2020/10/05
Committee: ITRE
Amendment 111 #

2020/2043(INI)

Draft opinion
Paragraph 7 a (new)
7a. Calls on the Commission to intensify its efforts for global CO2 pricing and facilitating trade in climate and environmental protection technologies for instance through trade policy initiatives such as the WTO Environmental Goods Agreement; stresses that the Union can play a pioneering role with ambitious energy and sustainability chapters in its trade agreements.
2020/10/05
Committee: ITRE
Amendment 116 #

2020/2043(INI)

Draft opinion
Paragraph 7 b (new)
7b. Calls on the Commission to also consider alternative measures and to thoroughly demonstrate the added value of a carbon border adjustment mechanism; considers that a digital product passport, well designed and synchronised with existing systems, business standardisation bodies and global standards could help in this process; in the post-COVID-19 economy, carbon prices may prove to be too unstable to support effective industrial decarbonisation; therefore, there is a need for product policies to push forward new standards on low-carbon, resource- efficient products to secure the transition to a sustainable economy.
2020/10/05
Committee: ITRE
Amendment 18 #

2020/2012(INL)

Draft opinion
Recital C
C. Whereas AI solutions may benefit society in the areas of green transition, environment protection, waste management, circular economy, climate change, energy management and efficiency, air quality e.g. smart grids and electro-mobility;
2020/06/12
Committee: ENVI
Amendment 37 #

2020/2012(INL)

Draft opinion
Recital E
E. Whereas current policy and ethmany ethical challenges related to AI applications and indicated in the Commission White Paper on Artificial guidelines for AIIntelligence, are already addressed by the Union acquis, e.g. risk-assessment processes in place for AI-based health solutions in the Single Market; whereas other areas are lagging behind ethical challenges that must be identified and mitigated, since AI has tremendous capability to threaten patient preference, safety, and privacy; whereas the boundaries between the roles of physicians and machines in patient care need to be outlined;
2020/06/12
Committee: ENVI
Amendment 46 #

2020/2012(INL)

Draft opinion
Recital F
F. Whereas AI solutions may benefit society in the area of food safety, andmong others supporting precision farming or more broadly Farming 2.0, where the Union holds leadership in AI applications, and which will allow to combine more effective production with higher environmental standards and better utilization of resources;
2020/06/12
Committee: ENVI
Amendment 64 #

2020/2012(INL)

Draft opinion
Paragraph 1 a (new)
1a. Underlines that the Union must undertake all necessary steps to increase the trust of the society in the development and implementation of AI, robotics and related technologies; in light of the significant impact that these technologies can have on citizens; calls on the Commission to follow the ethics guidelines on trustworthy AI and propose adequate measures to make sure that those technologies do not generate unfairly biased outputs for citizens;
2020/06/12
Committee: ENVI
Amendment 73 #

2020/2012(INL)

Draft opinion
Paragraph 2 a (new)
2a. Considers that for all AI applications, developed in the Union and outside of it, the same level of protection must be secured in the Union as it is with all other technologies, including effective judicial redress for parties negatively affected by AI systems, whilst technological innovation needs to be allowed to continue to develop; considers furthermore that this AI risk area is crucial e.g. for the health services, transport involving autonomous vehicles and food safety; calls for a clear distribution of obligations, rights and liabilities among the economic operators involved in AI applications delivery, to attribute each obligation to the actor(s) who is (are) best placed to address any potential risks, whether this is the developer, the deployer, the producer, the distributor or importer, the service provider, the professional or private user, and in this regard for adequate revision of relevant EU legislation, e.g. of the Product Liability Directive and for the harmonization of national legislation; supports the Commission position expressed in the White Paper that due to the complexity of AI systems, securing effective level of protection and redress may require adapting the burden of proof required by national rules on liability for damage caused by the operation of AI applications; is of the opinion that clarity as to legal liability in the AI sector will strengthen enforcement of Union ethical values embodied in its acquis, legal certainty and predictability, and social acceptance supporting the development of a Union AI ecosystem of excellence by pooling investors and increasing market uptake;
2020/06/12
Committee: ENVI
Amendment 79 #

2020/2012(INL)

Draft opinion
Paragraph 2 b (new)
2b. Emphasises that AI applications in health should always have the aim of maximising the opportunities they can bring – such as improving the health of individual patients as well as the performance of Member States’ public health systems – without lowering ethical standards and without threatening the privacy or safety of citizens;
2020/06/12
Committee: ENVI
Amendment 83 #

2020/2012(INL)

Draft opinion
Paragraph 3
3. Welcomes the fact that the Risk- Based Approach methodology defined in the Commission White Paper of 19 February 20201 recognises healthcare, transport and energy as high risk sectors by default, and proposes to introduceing listed AI requirements beyond existing-Union rules in these sectors, unless the manner in which AI is used does not involve significant risk; stresses that the Union AI ethical framework should address especially the above high-risk sectors; _________________ 1White Paper On Artificial Intelligence - A European approach to excellence and trust, COM(2020)0065
2020/06/12
Committee: ENVI
Amendment 85 #

2020/2012(INL)

Draft opinion
Paragraph 3 a (new)
3a. Calls for clear, objective and transparent procedures at Union level for establishing a public catalogue of AI high-risk applications involving a periodic review and update mechanism; calls for consideration of putting the burden of proof in such procedures, for all AI applications in all domains, on the entity seeking to develop or deploy the AI system, in order to maintain the catalogue open for innovation and avoid ignoring the risk of classifying AI applications as being no high risk;
2020/06/12
Committee: ENVI
Amendment 86 #

2020/2012(INL)

Draft opinion
Paragraph 3 b (new)
3b. Recommends supplementing the Risk-Based Approach with an Algorithmic Impact Assessment drawing information for example from the Regulatory Impact Analysis (RIA), GDPR Risk Assessment Procedure, Human Rights Impact Assessment (HRIA) with the results made publicly viewable;
2020/06/12
Committee: ENVI
Amendment 89 #

2020/2012(INL)

Draft opinion
Paragraph 3 c (new)
3c. Welcomes the voluntary labelling initiative for non-high risk AI;
2020/06/12
Committee: ENVI
Amendment 91 #

2020/2012(INL)

Draft opinion
Paragraph 3 d (new)
3d. Welcomes the Commission commitment expressed in the White Paper to examine safety and liability challenges that are distinctive to healthcare e.g. AI systems providing specialized medical information to physicians or directly to the patient, AI systems performing medical tasks themselves directly on a patient; calls for corresponding examination of the other listed sectors that are by default high-risk ones;
2020/06/12
Committee: ENVI
Amendment 93 #

2020/2012(INL)

Draft opinion
Paragraph 4
4. Notes that, withdue to the fact that legal regulations respond better to current well-defined challenges and due to the rapid development of AI andresulting in the uncertainty that lies ahead, a common, legally well-anchored, Union AI ethical framework willmay expand an ecosystem of trust as defined in the Commission White Paper, whether in environment protection, healthcare or food safety applications, thus supporting the ecosystem of excellence in legal certainty and predictability, providing effective response to the challenges yet not defined in courtrooms, management meetings or scientific laboratories;
2020/06/12
Committee: ENVI
Amendment 100 #

2020/2012(INL)

Draft opinion
Paragraph 4 a (new)
4a. Stresses that an law-based Union AI ecosystem of trust, whether regarding the environment protection, health or food safety applications, extended by the Union AI ethical framework, will reinforce legal certainty and predictability, encourage stakeholders' involvement, increase the volume of entrusted data and market up take, allow for economies of scale and support an ecosystem of excellence in those sectors; is of the opinion that this will strengthen the Union AI sector's global competitiveness and the potential to promote Union values and standards;
2020/06/12
Committee: ENVI
Amendment 107 #

2020/2012(INL)

Draft opinion
Paragraph 5
5. Strongly supports the Commission in establishing a common Union AI ethical framework to counter the shortcomings caused by AI internal market fragmentation, including environmental, healthcare, and food safety applications, and to prevent AI double standards across Member States for AI developed in Union and beyond, inter alia in areas such as consumer data management, protection and privacy in smart grids, waste management, equal access to services, patient-doctor relationship standards, data protection and privacy, civil liability in AI-assisted public healthcare, civil liability regarding autonomous vehicles or machinery; calls for proper legal anchoring and positioning of such a Union AI ethical framework;
2020/06/12
Committee: ENVI
Amendment 114 #

2020/2012(INL)

Draft opinion
Paragraph 5 a (new)
5a. Underlines the importance of training highly skilled professionals in environmental, health and food safety- related areas that should go hand-in-hand with the need of having diverse teams of developers and engineers working alongside key actors to prevent gender and cultural bias of being inadvertently included in AI algorithms, systems and applications. The mutual recognition of such qualifications across the Union should be also ensured;
2020/06/12
Committee: ENVI
Amendment 130 #

2020/2012(INL)

Draft opinion
Paragraph 6 a (new)
6a. Stresses that the issue of opacity of the AI “black box-effect” machine deep learning, its complexity and partially autonomous behaviour might prevent the enforcement of the Union acquis, including its ethical values and standards and undermine the Union AI ecosystem of trust among investors and consumers, and thus hamper the AI ecosystem of excellence of the Union;
2020/06/12
Committee: ENVI
Amendment 131 #

2020/2012(INL)

Draft opinion
Paragraph 6 a (new)
6a. Calls on the Commission to promote and fund the development of human-centric artificial intelligence, robotics and related technologies that address environment and climate challenges and that ensure equal access to and enjoyment of fundamental rights through the use of tax, green public procurement, or other incentives;
2020/06/12
Committee: ENVI
Amendment 135 #

2020/2012(INL)

Draft opinion
Paragraph 6 b (new)
6b. Calls for Union guiding initiatives promoting interpretable algorithms, eXplainable AI (xAI), symbolic reasoning AI, white box AI testing technics, by showing that those technologies can be combined with deep neural networks and by showing its legal, ethical and often business advantages, and also promoting methods to determine risks connected with different technological options using among others the experience of the UK’s Information Commissioner's Office (ICO) and The Alan Turing Institute guidelines “Explaining decisions made with AI”, showing that even highly complex neural AI systems can be interpreted sufficiently;
2020/06/12
Committee: ENVI
Amendment 137 #

2020/2012(INL)

Draft opinion
Paragraph 6 c (new)
6c. Welcomes a European strategy for data, addressing challenges ahead for the Union in this area that is key to AI progress, and seeking European opportunities for competitive advantage in new data economy, especially in the growing sector of decentralised, non- personal data coming from industry, business and the public sector and from devices at the edge of the network, which is expected to constitute 80% of 175 zettabytes in 2025 and reverse current proportions;
2020/06/12
Committee: ENVI
Amendment 138 #

2020/2012(INL)

Draft opinion
Paragraph 6 d (new)
6d. Stresses that a data economy fuelling AI development, which is called therefore the crude oil of 21st century, is not without risks; underlines that AI ethical and thus legal challenges extend beyond data protection and privacy, to liability for data environment used for AI training, testing and, in some cases, to data input used for algorithm self- adaptation during functioning, which may result in bias, discrimination or mistakes; welcomes requirements proposed in the White Paper for high risk AI training data, addressing as well safety – sufficiently broad data to cover all relevant scenarios in order to avoid dangerous situations as discrimination - sufficiently representative data to reflect well the social environment it will be applied to;
2020/06/12
Committee: ENVI
Amendment 141 #

2020/2012(INL)

Draft opinion
Paragraph 7
7. Supports the view that the seven AI requirements identified in the Ethics Guidelines for Trustworthy AI of the High- Level Expert Group on AI constitute solid building blocks for a common Union AI ethical framework, with proper legal anchoring, addressing, among others, ethical aspects of AI applications in environment, health and food protection; calls for an improvement of the acquis on transparency, traceability and human oversight, which were indicated as areas in need of further improvement in the feedback given on the Guidelines by 350 organisations; furthermore, encourages the creation of the Union AI ethical framework in a spirit of openness to the works of other international partners that share Union values, e.g. to the Rome Call for AI Ethics by Pope Francis;
2020/06/12
Committee: ENVI
Amendment 151 #

2020/2012(INL)

Draft opinion
Paragraph 8 a (new)
8a. Stresses that the development of AI applications might bring down the costs and increase the volume of services available, e.g. health services, public transport, Farming 2.0, making them more affordable to a wider spectrum of society; stresses that AI applications may also result in the rise of unemployment, pressure on social care systems, increase of poverty; emphasizes in accordance with the values enshrined in Article 3 of the Treaty on European Union the need to adapt Union AI transformation to socio- economic capacities, adequate social shielding, education and creation of alternative jobs; calls to consider 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;
2020/06/12
Committee: ENVI
Amendment 158 #

2020/2012(INL)

Draft opinion
Paragraph 8 b (new)
8b. Calls for the education of professionals in the area of environment protection, health and food safety preparing for AI applications and rising awareness of AI risks and ethical challenges;
2020/06/12
Committee: ENVI
Amendment 160 #

2020/2012(INL)

Draft opinion
Paragraph 8 c (new)
8c. Stresses that the public sector should focus on solving social problems rather than generating AI uptake for its own sake; calls for the improvement of the public procurement regulations and guidelines of the Union, including EU Green Public Procurement, so that during relevant evaluation procedures for tender offers, one takes into account whether a given issue requires an AI system application, and allows to follow an alternative delivery path in cases where the evaluation indicates that such a non- AI solution addresses the social problem better;
2020/06/12
Committee: ENVI
Amendment 18 #

2020/2006(INL)

Motion for a resolution
Recital A
A. Whereas biologically diverse forests being natural carbon sink, sustainably managed and multifunctional forests being natural carbon sinks and storages as well as a source of raw materials for storage of carbon in forest products that substitute emission intensive materials are indispensable in the fight against climate change in line with the Paris Agreement’s goals to hold the increase in the global average temperature to well below 2°C above pre-industrial levels and pursue efforts to limit the temperature increase to 1, 5°C above pre- industrial levels, as well as for climate change adaptation and biodiversity conservation;
2020/07/17
Committee: ENVI
Amendment 282 #

2020/2006(INL)

Motion for a resolution
Annex I – point 1 – paragraph 1
The proposal for a Regulation (‘the proposal’) should provide the basis for the assurance of a high level of protection for exhaustible natural resources, such as natural forests and natural ecosystems, by ensuringand strengthen legal framework for multipurpose forest sustainable management, The proposal should ensure that Union market and consumption patterns do not detrimentally affect natural forests and ecosystems, as well as on human rights affected by harvesting, extraction and production of products covered by the proposal, aligning the proposal with, among others, the EU Timber Regulation.
2020/07/17
Committee: ENVI
Amendment 328 #

2020/2006(INL)

Motion for a resolution
Annex I – point 2 – paragraph 2 – indent 1
- do not originate from land obtained via the conversion of natural forests or other natural ecosystems;
2020/07/17
Committee: ENVI
Amendment 330 #

2020/2006(INL)

Motion for a resolution
Annex I – point 2 – paragraph 2 – indent 2
- do not originate from natural forests and natural ecosystems undergoing degradadegraded due to their unsustainable management, or under environmental protection, and
2020/07/17
Committee: ENVI
Amendment 353 #

2020/2006(INL)

Motion for a resolution
Annex I – point 2 – paragraph 4
The proposal should cover all commodities that are most frequently associated with deforestation, natural forest degradation due to unsustainable management, and natural ecosystem conversion and degradation. These commodities should be listed in an annex to the proposal and comprise at least palm oil, soy, meat, leather, cocoa, coffee, rubber, and maize and all intermediate or final products that are derived from these commodities, and products that contain these commodities. In the event that the derived products contain input from more than one commodity covered by the proposal, due diligence should be performed with respect to each of these commodities. Commodities covered by Regulation (EU) No 995/2010 of the European Parliament and of the Council2 (‘the EU Timber Regulation’) should be integrated into the scope of the proposal within three years from the date of entry into force of the proposal. _________________ 2Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market Text with EEA relevance (OJ L 295, 12.11.2010, p. 23).
2020/07/17
Committee: ENVI
Amendment 362 #

2020/2006(INL)

Motion for a resolution
Annex I – point 2 – paragraph 5
The Commission should adopt delegated acts to amend the list of commodities and their derived products that are covered by the proposal if evidence emerges concerning the detrimental impact of their harvesting, extraction or production on natural forests, natural ecosystems or human rights.
2020/07/17
Committee: ENVI
Amendment 388 #

2020/2006(INL)

Motion for a resolution
Annex I – point 3 – point 3.2 – introductory part
3.2. Degradation of natural forests and natural ecosystems
2020/07/17
Committee: ENVI
Amendment 391 #

2020/2006(INL)

Motion for a resolution
Annex I – point 3 – point 3.2 – paragraph 1
Commodities covered by the proposal and their derived products placed on the Union market should not result in, or derive from, the degradation of natural forests or natural ecosystems.
2020/07/17
Committee: ENVI
Amendment 396 #

2020/2006(INL)

Motion for a resolution
Annex I – point 3 – point 3.2 – paragraph 2
For that purpose, FERCs placed on the Union market, in raw form or as products derived from or containing such commodities, should not be harvested, extracted or produced from land that had the status on 1 January 2008 of natural forest or natural ecosystem, in accordance with the definition laid down in Section 3.3 “Definitions”, and still has that status, but where the land has been subject to changes amounting to degradation due to unsustainable management. It should only be legally possible to place on the Union market a commodity that has been harvested, extracted or produced in compliance with conservation and other sustainable forest management objectives, and it did not lead to the loss or degradation of ecosystem functions on or adjacent to the land from which it was harvested, extracted or produced.
2020/07/17
Committee: ENVI
Amendment 552 #

2020/2006(INL)

Motion for a resolution
Annex I – point 4 – point 4.5 – paragraph 1
The Commission in a cooperation with Member States and relevant stakeholders, should develop voluntary guidance to supplement legal obligations contained in the proposal, in particular to clarify the due diligence expectations and the term “economic operator” for specific contexts, sectors, or in relation to certain types of economic operators, and guidance how to integrate existing environmental management systems, such as the international environmental management standard ISO 14001 or the Eco- Management and Audit Scheme (EMAS), into an economic operator’s due diligence processes.
2020/07/17
Committee: ENVI
Amendment 79 #

2020/0374(COD)

Proposal for a regulation
Recital 2
(2) Core platform services, at the same time, feature a number of characteristics that can be exploited by their providers. These characteristics of core platform services include among others extreme scale economies, which often result from nearly zero marginal costs to add business users or end users. Other characteristics of core platform services are very strong network effects, an ability to connect many business users with many end users through the multi-sidedness of these services, a significant degree of dependence of both business users and end users, lock-in effects, a lack of multi- homing for the same purpose by end users, vertical integration, and data driven- advantages. All these characteristics combined with unfair conduct by providers of these services can have the effect of substantially undermining the contestability of the core platform services, as well as impacting the fairness of the commercial relationship between providers of such services and their business users and end users, leading to rapid and potentially far-reaching decreases in business users’ and end users’ choice in practice, and therefore can confer to the provider of those services the position of a so-called gatekeeper, depending on their size.
2021/06/30
Committee: JURI
Amendment 80 #

2020/0374(COD)

Proposal for a regulation
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.
2021/06/30
Committee: JURI
Amendment 82 #

2020/0374(COD)

Proposal for a regulation
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.
2021/06/30
Committee: JURI
Amendment 88 #

2020/0374(COD)

Proposal for a regulation
Recital 12
(12) Weak contestability and unfair practices in the digital sector are more frequent and pronounced for certain digital services than for others. This is the case in particular for widespread and commonly used digital services that mostly directly intermediate between business users and end users and where features such as extreme scale economies, very strong network effects, an ability to connect many business users with many end users through the multi-sidedness of these services, lock-in effects, a lack of multi- homing or vertical integration are the most prevalent. Often, there is only one or very few large providers of those digital services. These providers of core platform services have emerged most frequently as gatekeepers for business users and end users with far-reaching impacts, gaining the ability to easily set commercial conditions and terms in a unilateral and detrimental manner for their business users and end users. Accordingly, it is necessary to focus only on 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.
2021/06/30
Committee: JURI
Amendment 95 #

2020/0374(COD)

Proposal for a regulation
Recital 10
(10) Articles 101 and 102 TFEU and the corresponding national competition rules concerning anticompetitive multilateral and unilateral conduct as well as merger control have as their objective the protection of undistorted competition on the market. This Regulation pursues an objective that is complementary to, but different from that of protecting undistorted competition on any given market, as defined in competition-law terms, which is to ensure that markets where gatekeepers are present are and remain contestable and fair, independently from the actual, likely or presumed effects of the conduct of a given gatekeeper covered by this Regulation on competition on a given market. This Regulation therefore aims at protecting a different legal interest from those rules and from rules under consumer protection law and thus it should be without prejudice to their application.
2021/09/13
Committee: ITRE
Amendment 97 #

2020/0374(COD)

Proposal for a regulation
Recital 11
(11) This Regulation should also complement, without prejudice to their application, the rules resulting from other acts of Union law regulating certain aspects of the provision of services covered by this Regulation, in particular Regulation (EU) 2019/1150 of the European Parliament and of the Council26 , Regulation (EU) xx/xx/EU [DSA] of the European Parliament and of the Council27 , Regulation (EU) 2016/679 of the European Parliament and of the Council28 , Directive (EU) 2019/790 of the European Parliament and of the Council29 , Directive (EU) 2015/2366 of the European Parliament and of the Council30 , Directive 2005/29/EC, Council Directive 93/13/EEC and Directive (EU) 2010/13 of the European Parliament and of the Council31 , as well as national rules aimed at enforcing or, as the case may be, implementing that Union legislation. _________________ 26 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57). 27Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC. 28Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 29 Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/ (OJ L 130, 17.5.2019, p. 92.). 30Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC ( OJ L 337, 23.12.2015, p. 35). 31Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
2021/09/13
Committee: ITRE
Amendment 98 #

2020/0374(COD)

Proposal for a regulation
Recital 23
(23) Providers of core platform services which meet the quantitative thresholds but are able to present sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, they do not fulfil the objective requirements for a gatekeeper, should not be designated directly, but only subject to a further investigation. The burden of adducing evidence that the presumption deriving from the fulfilment of quantitative thresholds should not apply to a specific provider should be 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.
2021/06/30
Committee: JURI
Amendment 101 #

2020/0374(COD)

Proposal for a regulation
Recital 13
(13) In particular, online intermediation services, online search engines, operating systems (which include digital voice assistants and connected TVs), online social networking, video sharing platform services, number- independent interpersonal communication services, cloud computing services, web browsers and online advertising services all have the capacity to affect a large number of end users and businesses alike, which entails a risk of unfair business practices. They therefore should be included in the definition of core platform services and fall into the scope of this Regulation. Virtual or voice activated assistants and other connected devices, represent the fastest developing interface for users to access the web, to use and control smart devices and access consumer IoT services, and therefore fall within the scope of this Regulation not only as operating systems, an online intermediation service or a search engine, but as a distinctive core platform service category. Online intermediation services may also be active in the field of financial services, and they may intermediate or be used to provide such services as listed non- exhaustively in Annex II to Directive (EU) 2015/1535 of the European Parliament and of the Council32 . In certain circumstances, the notion of end users should encompass users that are traditionally considered business users, but in a given situation do not use the core platform services to provide goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes. _________________ 32Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, OJ L 241, 17.9.2015, p. 1.
2021/09/13
Committee: ITRE
Amendment 104 #

2020/0374(COD)

Proposal for a regulation
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.
2021/06/30
Committee: JURI
Amendment 105 #

2020/0374(COD)

Proposal for a regulation
Recital 31
(31) To ensure the effectiveness of the review of gatekeeper status as well as the possibility to adjust the list of core platform services provided by a gatekeeper, the gatekeepers should inform the Commission 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.
2021/06/30
Committee: JURI
Amendment 107 #

2020/0374(COD)

Proposal for a regulation
Recital 32
(32) To safeguard the fairness and contestability of core platform services provided by gatekeepers, it is necessary to provide in a clear and unambiguous manner for a set of harmonised obligations with regard to those services. Such rules are needed to address the risk of harmful effects of unfair practices imposed by gatekeepers, to the benefit of the business environment in the services concerned, to the benefit of users and ultimately to the benefit of society as a whole. Given the fast-moving and dynamic nature of digital markets, and the substantial economic power of gatekeepers, it is important that these obligations are effectively applied without being circumvented. To that end, the obligations in question should apply to any 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.
2021/06/30
Committee: JURI
Amendment 108 #

2020/0374(COD)

Proposal for a regulation
Recital 15
(15) The fact that a digital service qualifies as a core platform service in light of its widespread and common use and its importance for connecting business users and end users does not as such give rise to sufficiently serious concerns of contestability and unfair practices. It is only when a core platform service constitutes an important gateway and is operated by a provider with a significant impact in the internal market and an entrenched and durable position, or by a provider that will foreseeably have such a position in the near future, that such concerns arise. Accordingly, the targeted set of harmonised rules laid down in this Regulation should apply only to undertakings designated on the basis of these three objective criteria, and they should only apply to those of their core platform services that individually constitute an important gateway for business users to reach end users.
2021/09/13
Committee: ITRE
Amendment 110 #

2020/0374(COD)

Proposal for a regulation
Recital 36
(36) The conduct of combining end user data from different sources or signing in users to different services of gatekeepers gives them potential advantages in terms of accumulation of data, thereby raising barriers to entry. To ensure that gatekeepers do not unfairly undermine the contestability of core platform services, they should enable their end users to freely choose to opt-in to such business practices by offering a less personalised alternative. The possibility should cover all possible sources of personal data, including 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.
2021/06/30
Committee: JURI
Amendment 110 #

2020/0374(COD)

Proposal for a regulation
Recital 16
(16) In order to ensure the effective application of this Regulation to providers of core platform services which are most likely to satisfy these objective requirements, and where unfair conduct weakening contestability is most prevalent and impactful, the Commission should be able to directly designate as gatekeepers those providers of core platform services which meet certain quantitative thresholds. Such undertakings should in any event be subject to a fast designation process which should start upon the entry into force of this Regulation. The turnover and market value-based threshold should refer to the whole undertaking, while the user-based threshold should apply separately for, and only to, each type of core platform service rendered by a provider within an undertaking. Provisions in Chapter IV and Chapter V should refer to the whole undertaking controlling the gatekeeper for the sake of enforcement.
2021/09/13
Committee: ITRE
Amendment 113 #

2020/0374(COD)

Proposal for a regulation
Recital 37
(37) Because of their position, gatekeepers might in certain cases restrict the ability of business users of their online intermediation services to offer their goods or services to end users under more favourable conditions, including price, through other online intermediation services or 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.
2021/06/30
Committee: JURI
Amendment 114 #

2020/0374(COD)

Proposal for a regulation
Recital 17
(17) A very significant turnover in the Union and the provision of a core platform service in at least three Member States constitute compelling indications that the provider of a core platform service has a significant impact on the internal market. This is equally true where a provider of a core platform service in at least three Member States has a very significant market capitalisation or equivalent fair market value. Therefore, a provider of a core platform service should be presumed to have a significant impact on the internal market where it provides a core platform service in at least three Member States and where either its group turnover realised in the EEA is equal to or exceeds a specific, high threshold or the market capitalisation of the group is equal to or exceeds a certain high absolute value. For providers of core platform services that belong to undertakings that are not publicly listed, the equivalent fair market value above a certain high absolute value should be referred to. The Commission should use its power to adopt delegated acts to develop an objective methodology to calculate that value. A high EEA group turnover in conjunction with the threshold of users in the Union of core platform services reflects a relatively strong ability to monetise these users. A high market capitalisation relative to the same threshold number of users in the Union reflects a relatively significant potential to monetise these users in the near future.. This monetisation potential in turn reflects in principle the gateway position of the undertakings concerned. Both indicators are in addition reflective of their financial capacity, including their ability to leverage their access to financial markets to reinforce their position. This may for example happen where this superior access is used to acquire other undertakings, which ability has in turn been shown to have potential negative effects on innovation. Market capitalisation can also be reflective of the expected future position and effect on the internal market of the providers concerned, notwithstanding a potentially relatively low current turnover. The market capitalisation value can be based on a level that reflects the average market capitalisation of the largest publicly listed undertakings in the Union over an appropriate period.
2021/09/13
Committee: ITRE
Amendment 118 #

2020/0374(COD)

Proposal for a regulation
Recital 21
(21) An entrenched and durable position in its operations or the foreseeability of achieving such a position future occurs notably where the contestability of the position of the provider of the core platform service is limited. This is likely to be the case where that provider has provided a core platform service in at least three Member States to a very high number of business users and end users during at least three years.
2021/09/13
Committee: ITRE
Amendment 120 #

2020/0374(COD)

Proposal for a regulation
Recital 39
(39) To safeguard a fair commercial environment and protect the contestability of the digital sector it is important to safeguard the right of business users to raise concerns about unfair behaviour by gatekeepers with any relevant administrative or other public authorities, 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.
2021/06/30
Committee: JURI
Amendment 122 #

2020/0374(COD)

Proposal for a regulation
Recital 41
(41) Gatekeepers should not restrict the free choice of end users by technically preventing switching between or subscription to different software applications and services. Gatekeepers should therefore ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and should not raise 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.
2021/06/30
Committee: JURI
Amendment 125 #

2020/0374(COD)

Proposal for a regulation
Recital 42
(42) The conditions under which gatekeepers provide online advertising services to business users including both advertisers and publishers are often non- transparent, 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.
2021/06/30
Committee: JURI
Amendment 126 #

2020/0374(COD)

Proposal for a regulation
Recital 24
(24) Provision should also be made for the assessment of the gatekeeper role of providers of core platform services which do not satisfy all of the quantitative thresholds, in light of the overall objective requirements that they have a significant impact on the internal market, act as an important gateway for business users to reach end users and benefit from a durable and entrenched position in their operations or it is foreseeable that it will do so in the near future.
2021/09/13
Committee: ITRE
Amendment 128 #

2020/0374(COD)

Proposal for a regulation
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.
2021/06/30
Committee: JURI
Amendment 129 #

2020/0374(COD)

Proposal for a regulation
Recital 25
(25) Such an assessment can only be done in light of a market investigation, while taking into account the quantitative thresholds. In its assessment the Commission should pursue the objectives of preserving and fostering the level of innovation, the quality of digital products and services, the degree to which prices are fair and competitive, and the degree to which quality or choice for business users and for end users is or remains high. Elements that are specific to the providers of core platform services concerned, such as extreme scale economies, very strong network effects, an ability to connect many business users with many end users through the multi-sidedness of these services, lock-in effects, a lack of multi- homing or vertical integration, can be taken into account. In addition, a very high market capitalisation, a very high ratio of equity value over profit or a very high turnover derived from end users of a single core platform service can point to the tipping of the market or leveraging potential of such providers. Together with market capitalisation, high growth rates, or decelerating growth rates read together with profitability growth, are examples of dynamic parameters that are particularly relevant to identifying such providers of core platform services that are foreseen to become entrenched. The Commission should be able to take a decision by drawing adverse inferences from facts available where the provider significantly obstructs the investigation by failing to comply with the investigative measures taken by the Commission.
2021/09/13
Committee: ITRE
Amendment 130 #

2020/0374(COD)

Proposal for a regulation
Recital 47
(47) The rules that the gatekeepers set for the distribution of software applications may in certain circumstances restrict the ability of end users to install and effectively use third party software applications or software application stores on operating systems or hardware of the relevant gatekeeper and restrict the ability of end users to access these software applications or software application stores outside the core platform services of that gatekeeper. Such restrictions may limit the ability of developers of software applications to use alternative distribution channels and the ability of end users to choose between different software applications from different distribution channels and should be prohibited as unfair and liable to weaken the contestability of core platform services. In order to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper the gatekeeper concerned may implement proportionate technical or contractual measures to achieve that goal if the gatekeeper demonstrates that such measures are necessary and justified and that there are no less restrictive means to safeguard the integrity of the hardware or operating system. 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.
2021/06/30
Committee: JURI
Amendment 130 #

2020/0374(COD)

Proposal for a regulation
Recital 26
(26) A particular subset of rules should apply to those providers of core platform services that are foreseen to enjoy an entrenched and durable position in the near future. The same specific features of core platform services make them prone to tipping: once a service provider has obtained a certain advantage over rivals or potential challengers in terms of scale or intermediation power, its position may become unassailable and the situation may evolve to the point that it is likely to become durable and entrenched in the near future. Undertakings can try to induce this tipping and emerge as gatekeeper by using some of the unfair conditions and practices regulated in this Regulation. In such a situation, it appears appropriate to intervene before the market tips irreversibly.deleted
2021/09/13
Committee: ITRE
Amendment 132 #

2020/0374(COD)

Proposal for a regulation
Recital 27
(27) However, such an early intervention should be limited to imposing only those obligations that are necessary and appropriate to ensure that the services in question remain contestable and allow to avoid the qualified risk of unfair conditions and practices. Obligations that prevent the provider of core platform services concerned from achieving an entrenched and durable position in its operations, such as those preventing unfair leveraging, and those that facilitate switching and multi-homing are more directly geared towards this purpose. To ensure proportionality, the Commission should moreover apply from that subset of obligations only those that are necessary and proportionate to achieve the objectives of this Regulation and should regularly review whether such obligations should be maintained, suppressed or adapted.deleted
2021/09/13
Committee: ITRE
Amendment 133 #

2020/0374(COD)

Proposal for a regulation
Recital 48
(48) Gatekeepers are often vertically integrated and offer certain products or services to end users through their own core platform services, or through a business user over which they exercise control which frequently leads to conflicts of interest. This can include the situation whereby a gatekeeper offers its own online intermediation services through an online search engine. When offering those products or services on the core platform service, gatekeepers can reserve a better position to their own offering, in terms of ranking, as opposed to the products of third parties also operating 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.
2021/06/30
Committee: JURI
Amendment 135 #

2020/0374(COD)

Proposal for a regulation
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 two years.
2021/09/13
Committee: ITRE
Amendment 137 #

2020/0374(COD)

Proposal for a regulation
Recital 50
(50) Gatekeepers should not restrict or prevent the free choice of end users by technically preventing switching between or subscription to different software applications and services. This would allow more providers to offer their services, thereby ultimately providing greater choice to the end user. Gatekeepers should ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and shall not raise 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.
2021/06/30
Committee: JURI
Amendment 139 #

2020/0374(COD)

Proposal for a regulation
Recital 31
(31) To ensure the effectiveness of the review of gatekeeper status as well as the possibility to adjust the list of core platform services provided by a gatekeeper, the gatekeepers should inform the Commission 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. Such information, especially regarding acquisitions of emerging competitors, 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.
2021/09/13
Committee: ITRE
Amendment 141 #

2020/0374(COD)

Proposal for a regulation
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.
2021/06/30
Committee: JURI
Amendment 141 #

2020/0374(COD)

Proposal for a regulation
Recital 32
(32) To safeguard the fairness and contestability of core platform services provided by gatekeepers, it is necessary to provide in a clear and unambiguous manner for a set of harmonised obligations with regard to those services. Such rules are needed to address the risk of harmful effects of unfair practices imposed by gatekeepers, to the benefit of the business environment in the services concerned, to the benefit of users and ultimately to the benefit of society as a whole. Given the fast-moving and dynamic nature of digital markets, and the substantial economic power of gatekeepers, it is important that these obligations are effectively applied without being circumvented. To that end, the obligations in question should apply to any practicesbehaviour 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 practice that is the subject of one of the obligations ofcluding product or interface design subverting, impairing or making user decision- making more burdensome, insofar as such behaviour has an equivalent object or effect to the practices that are prohibited under this Regulation.
2021/09/13
Committee: ITRE
Amendment 149 #

2020/0374(COD)

Proposal for a regulation
Recital 62
(62) In order to ensure the full and lasting achievement of the objectives of this Regulation, the Commission should be able to assess whether a provider of core platform services should be designated as a gatekeeper without meeting the quantitative thresholds laid down in this Regulation; whether systematic non- compliance by a gatekeeper warrants imposing additional remedies; and whether the list of obligations addressing unfair practices by gatekeepers should be reviewed and, 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.
2021/06/30
Committee: JURI
Amendment 155 #

2020/0374(COD)

Proposal for a regulation
Recital 37
(37) Because of their position, gatekeepers might in certain cases restrict the ability of business users of their online intermediation services to offer their goods or services to end users under the same or more favourable conditions, including price, through ooutside their online intermediation services. 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 intermediadistribution channels for end users. To ensure that business users of online intermediation services of gatekeepers can freely choose alternative online intermediation servicedistribution channels and differentiate the conditions under which they offer their products or services to their end users, it should not be accepted that gatekeepers limit business users from choosing to differentiate commercial conditions, including price. Such a restriction should apply to any measure with equivalent effect, such as for example increased commission rates or, de-listing or less favourable ranking of the offers of business users.
2021/09/13
Committee: ITRE
Amendment 159 #

2020/0374(COD)

Proposal for a regulation
Recital 39
(39) To safeguard a fair commercial environment and protect the contestability of the digital sector it is important to safeguard the right of business users and end users to raise concerns about unfair behaviour by gatekeepers with any relevant administrative or other public authorities, including national courts. For example, business users or end users may want to complain about different types of unfair practices, such as discriminatory access conditions, unjustified closing of business user accounts or unclear grounds for product de-listings. Any practice that would in any way inhibit such a possibility of raising concerns or seeking available redress, for instance by means of confidentiality clauses in agreements or other written terms, should therefore be prohibited. This should be without prejudice to the right of business users and gatekeepers to lay down in their agreements the terms of use including the use of lawful complaints-handling mechanisms, including any use of alternative dispute resolution mechanisms or of the jurisdiction of specific courts in compliance with respective Union and national law This should therefore also be without prejudice to the role gatekeepers play in the fight against illegal content online.
2021/09/13
Committee: ITRE
Amendment 163 #

2020/0374(COD)

Proposal for a regulation
Recital 40 a (new)
(40 a) The gatekeepers generate vast and growing internet traffic levels challenging the capacities of operators of transport and access networks as well as Internet Access Service Providers on the one hand but also allowing to leverage their bargaining power in commercially negotiating the contractual conditions for IP Transport. Causing congestion would not only impact the quality of the gatekeeper's own services but cause additional deterioration to the performance of third-party services, ultimately impeding end users and business users internet experience quality of which is attributed by the users to the Internet providers. Gatekeepers should therefore be obliged to treat network operators and Internet Access Service Providers fairly and not to exploit their gatekeeping position in commercial negotiations.
2021/09/13
Committee: ITRE
Amendment 164 #

2020/0374(COD)

Proposal for a regulation
Recital 41
(41) 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 therefore ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and should not raise artificial technical barriers so as to make switching impossiblemore difficult or ineffective. The mere offering of a given product or service to end usconsumers, including by means of pre- installation, as well as the improvement of end userthe offering to end users, such as better prices or increased quality, wshould not in itself constitute abe construed as constituting a prohibited barrier to switching.
2021/09/13
Committee: ITRE
Amendment 169 #

2020/0374(COD)

Proposal for a regulation
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.
2021/06/30
Committee: JURI
Amendment 169 #

2020/0374(COD)

Proposal for a regulation
Recital 42
(42) The conditions under which gatekeepers provide online advertising services to business users including both advertisers and publishers are often non- transparent and opaque. This opacity is partly linked to the practices of a few platforms, but is also due to the sheer complexity of modern day programmatic advertising. The sector is considered to have become more non-transparent after the introduction of new privacy legislation, and is expected to become even more opaque with the announced removal of third-party cookiesunilateral decision making by industry actors that are not representative of the entire advertising value chain. 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.
2021/09/13
Committee: ITRE
Amendment 171 #

2020/0374(COD)

Proposal for a regulation
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. 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, for the purpose of its own services that offer similar services to that of its business users. 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. 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. ThiSeveral providers of core platform services or ancillary services within the same undertaking, with at least one gatekeeper status, often results in a similar dual role. Thus 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.
2021/09/13
Committee: ITRE
Amendment 173 #

2020/0374(COD)

Proposal for a regulation
Recital 46
(46) A gatekeeper may use different means to favour its own services or products on its core platform service, to the detriment of the same or similar services that end users could obtain through third parties. This may for instance be the case where certain software applications or services are pre-installed by a gatekeeper. To enable end user choice, gatekeepers should not prevent end users and business users, including device manufacturers and device providers, from un- installing any pre-installed software applications on itstheir core platform service and thereby favour their own software applications, unless they are proven as essential to the functioning or security of the operating system, device or other software applications installed by the business or end users.
2021/09/13
Committee: ITRE
Amendment 175 #

2020/0374(COD)

Proposal for a regulation
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);
2021/06/30
Committee: JURI
Amendment 178 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h a (new)
(ha) web browsers;
2021/06/30
Committee: JURI
Amendment 178 #

2020/0374(COD)

Proposal for a regulation
Recital 47
(47) The rules that the gatekeepers set for the distribution of software applications may in certain circumstances restrict the ability of business users and end users to install, set as defaults 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. To ensure contestability, the gatekeeper should allow all downloaded applications or application stores to prompt the end user enabling decision on setting them as default. 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 and do not compromise data protection, user privacy, security or choice, the gatekeeper concerned may implement proportionate technical or contractual measures to achieve that goal if the gatekeeper demonstrates that such measures are necessary and justified and that there are no less restrictive means to safeguard the integrity of the hardware or operating system.
2021/09/13
Committee: ITRE
Amendment 181 #

2020/0374(COD)

Proposal for a regulation
Recital 48
(48) Gatekeepers are often vertically integrated and offer certain products or services to end users through their own core platform services, or through a business user over which they exercise control which frequently leads to conflicts of interest. This can include the situation whereby a gatekeeper offers its own online intermediation services through an online search engine. When offering those products or services on the core platform service, gatekeepers can reserve a better position to their own offering, in terms of ranking, as opposed to the products of third parties also operating 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 arcan 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 should be regarded as a favouring irrespective of whether the information or results within the favoured groups of specialised results can 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.
2021/09/13
Committee: ITRE
Amendment 186 #

2020/0374(COD)

Proposal for a regulation
Recital 50
(50) Gatekeepers should not restrict or prevent the free choice of end users by technically preventing switching between or subscription to different software applications and services. This would allow more providers to offer their services, thereby ultimately providing greater choice to the end user. Gatekeepers should ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and shall not raise artificial technical barriers so as to make switching impossible or ineffective. The mere offering of a given product or service to consumers, including by means of pre-installation, as well as the improvement of the offering to end users, such as price reductions or increased quality, should not be construed as constituting a prohibited barrier to switching.deleted
2021/09/13
Committee: ITRE
Amendment 187 #

2020/0374(COD)

Proposal for a regulation
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;
2021/06/30
Committee: JURI
Amendment 189 #

2020/0374(COD)

Proposal for a regulation
Recital 51
(51) Gatekeepers can hamper the ability of end users to access electronic communications services including internet access service, online content and services including software applications. Therefore, rules should be established to ensure that the rights of end users to access an open internet are not compromised by the conduct of gatekeepers. Gatekeepers can also technically and commercially limit the ability of end users to effectively access and switch between different Iinternet access service providers, in particular through their control over operating systems or hardware. This distorts the level playing field for Ielectronic communications (including internet access services) and ultimately harms end users. It should therefore be ensured that gatekeepers do not unduly restrict end users in choosing their Ielectronic communications network or internet access service provider.
2021/09/13
Committee: ITRE
Amendment 196 #

2020/0374(COD)

Proposal for a regulation
Recital 52 a (new)
(52 a) Network effects, particularly strong for the core platform services of number-independent interpersonal communication services and online social networking, have significant negative effect for contestability and fairness on the internal market across the Union, undermining innovation, cost and quality competition and limiting business ans end users choice. To prevent this, gatekeepers should be obligated to provide interoperability using globally recognised industry-standard service features of social networking services or number- independent interpersonal communications services to end users, business users and providers or potential providers of number-independent interpersonal communication services and online social networking at the request of these providers.
2021/09/13
Committee: ITRE
Amendment 199 #

2020/0374(COD)

Proposal for a regulation
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 or third parties authorised by an end user 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.
2021/09/13
Committee: ITRE
Amendment 203 #

2020/0374(COD)

Proposal for a regulation
Recital 55
(55) Business users that use large core platform services provided by gatekeepers and end users of such business users provide and generate a vast amount of data, including data inferred from such use. In order to ensure that business users have access to the relevant data thus generated, the gatekeeper should, upon their request, allow unhindered access, free of charge, to such data. Such access should also be given to third parties contracted by the business user, who are acting as processors of this data for the business user. Data provided or generated by the same business users and the same end users of these business users in the context of other services provided by the same gatekeeper may be concerned where this is inextricably linked to the relevant request. To this end, a gatekeeper should not use any contractual or other restrictions to prevent business users from accessing relevant data and should enable business users to obtain consent of their end users for such data access and retrieval, where such consent is required under Regulation (EU) 2016/679 and Directive 2002/58/EC. Gatekeepers should also facilitate access to these data in real time by means of appropriate technical measures, such as for example putting in place high quality application programming interfaces or enabling access of data by the business user “in situ”, without a transfer by the gatekeeper.
2021/09/13
Committee: ITRE
Amendment 206 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 1 – introductory part
1. An undertaking that provider ofs core platform services shall be designated as gatekeeper if:
2021/06/30
Committee: JURI
Amendment 207 #

2020/0374(COD)

Proposal for a regulation
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, that would be unfair or lead to unjustified differentiation. Pricing or other general access conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. The following benchmarks can serve as a yardstick to determine the fairness of general access conditions: prices charged or conditions imposed for the same or similar services by other providers of software application 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].
2021/09/13
Committee: ITRE
Amendment 212 #

2020/0374(COD)

Proposal for a regulation
Recital 58
(58) To ensure the effectiveness of the obligations laid down by this Regulation, while also making certain that these obligations are limited to what is necessary to ensure contestability and tackling the harmful effects of the unfair behaviour by gatekeepers, it is important to clearly define and circumscribe them so as to allow the gatekeeper to immediately comply with them, in full respect of Regulation (EU) 2016/679 and Directive 2002/58/EC, consumer protection, cyber security and product safety. The gatekeepers should ensure the compliance with this Regulation by design. The necessary measures should therefore be as much as possible and where relevant integrated into the technological design used by the gatekeepers. However, it may in certain cases be appropriate for the Commission, following a dialogue with the gatekeeper concerned, and mandatory consultation with interested third parties, to further specify in a decision some of the measures that the gatekeeper concerned should adopt in order to effectively comply with those obligations that are susceptible of being further specified. This possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the Regulation.
2021/09/13
Committee: ITRE
Amendment 217 #

2020/0374(COD)

Proposal for a regulation
Recital 60
(60) In exceptional circumstances justified on the limited grounds of public morality, 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.
2021/09/13
Committee: ITRE
Amendment 218 #

2020/0374(COD)

Proposal for a regulation
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.
2021/06/30
Committee: JURI
Amendment 226 #

2020/0374(COD)

Proposal for a regulation
Recital 63
(63) Following a market investigation, an undertaking providing a core platform service could be found to fulfil all of the overarching qualitative criteria for being identified as a gatekeeper. It should then, in principle, comply with all of the relevant obligations laid down by this Regulation. However, for gatekeepers that have been designated by the Commission as likely to enjoy an entrenched and durable position in the near future, the Commission should only impose those obligations that are necessary and appropriate to prevent that the gatekeeper concerned achieves an entrenched and durable position in its operations. With respect to such emerging gatekeepers, the Commission should take into account that this status is in principle of a temporary nature, and it should therefore be decided at a given moment whether such a provider of core platform services should be subjected to the full set of gatekeeper obligations because it has acquired an entrenched and durable position, or conditions for designation are ultimately not met and therefore all previously imposed obligations should be waived.
2021/09/13
Committee: ITRE
Amendment 232 #

2020/0374(COD)

Proposal for a regulation
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.
2021/06/30
Committee: JURI
Amendment 245 #

2020/0374(COD)

Proposal for a regulation
Recital 75
(75) In the context of proceedings carried out under this Regulation, the undertakings concerned should be accorded the right to be heard by the Commission and the decisions taken should be widely publicised. Other relevant stakeholders with sufficient interest, natural or legal persons, should also have a right to be heard, particularly parties directly affected by the obligations of Articles 5 and 6. Parties could be represented by associations applying on their behalf or other representatives. While ensuring the rights to good administration and the rights of defence of the undertakings concerned, in particular, the right of access to the file and the right to be heard, it is essential that confidential information be protected. Furthermore, while respecting the confidentiality of the information, the Commission should ensure that any information relied on for the purpose of the decision is disclosed to an extent that allows the addressee of the decision to understand the facts and considerations that led up to the decision. Finally, under certain conditions certain business records, such as communication between lawyers and their clients, may be considered confidential if the relevant conditions are met.
2021/09/13
Committee: ITRE
Amendment 247 #

2020/0374(COD)

Proposal for a regulation
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;
2021/06/30
Committee: JURI
Amendment 249 #

2020/0374(COD)

Proposal for a regulation
Recital 75 a (new)
(75 a) In order to facilitate cooperation and coordination between the Commission and Member States in their enforcement actions, a group of regulators with responsibilities in the digital sector should be established with the power to advise the Commission on a number of decisions; it should enable the exchange of information and best practices among the Members States, better monitoring and thus strengthen the implementation of this Regulation.
2021/09/13
Committee: ITRE
Amendment 250 #

2020/0374(COD)

Proposal for a regulation
Recital 76
(76) In order to ensure uniform conditions for the implementation of Articles 3, 5, 6, 12, 13, 15, 16, 17, 20, 22, 23, 25 and 30, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182//2011 of the European Parliament and of the Council35 . _________________ 35Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers, (OJ L 55, 28.2.2011, p. 13).
2021/09/13
Committee: ITRE
Amendment 252 #

2020/0374(COD)

Proposal for a regulation
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;
2021/06/30
Committee: JURI
Amendment 256 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g
(g) provide individual advertisers and publishers to which it supplies advertising services, upon their request, with 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.
2021/06/30
Committee: JURI
Amendment 260 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation layse purpose of this Regulation is to contribute to the proper functioning of the internal market by laying down harmonised rules ensuring contestable and fair markets in the digital sector across the Union where gatekeepers are present.
2021/09/13
Committee: ITRE
Amendment 264 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation shall apply to core platform services provided or offered by gatekeepers to business users established in the Union or end users established or located in the Union and business users, irrespective of the place of establishment or residence of the gatekeepers or business users and irrespective of the law otherwise applicable to the provision of service.
2021/09/13
Committee: ITRE
Amendment 265 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 3 – point b
(b) related to electronic communications services as defined in point (4) of Article 2 of Directive (EU) 2018/1972 other than those related to number-independent interpersonal communication services as defined in point (4)(b7) of Article 2 of that Directive.
2021/09/13
Committee: ITRE
Amendment 270 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) allow and technically enable the installation and effective use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper;
2021/06/30
Committee: JURI
Amendment 272 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 5
5. In order to avoid the fragmentation of the internal market, Member States shall not impose on gatekeepers further obligations by way of laws, regulations or administrative action for the purpose of ensuring contestable and fair markets. This is without prejudice to rules pursuing other legitimate public interests, in compliance with Union law. In particular, nothing in this Regulation precludes Member States from imposing obligations, which are compatible with Union law, on undertakings, including those undertakings controlling the providers of core platform services where these obligations are unrelated to the relevant providers of core platform services undertakings having a status of gatekeeper within the meaning of this Regulation in order to protect consumers or to fight against acts of unfair competition.
2021/09/13
Committee: ITRE
Amendment 274 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 5 a (new)
5 a. The Commission or any national institution, shall not apply obligations or prohibitions, included in this Regulation and reserved for the gatekeepers, or obligations or prohibitions identical in substance, to core platform services providers not designated by the Commission as gatekeepers under this Regulation.
2021/09/13
Committee: ITRE
Amendment 276 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 6
6. This Regulation is without prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice to the application of: national rules prohibiting anticompetitive agreements, decisions by associations of undertakings, concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposing additional obligations on gatekeepers; Council Regulation (EC) No 139/200438 and national rules concerning merger control; Regulation (EU) 2019/1150; Directive 2005/29/EC; Council Directive 93/13/EEC 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.
2021/09/13
Committee: ITRE
Amendment 282 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b a (new)
(b a) Voice activated assistants;
2021/09/13
Committee: ITRE
Amendment 285 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point f a (new)
(f a) web browsers;
2021/09/13
Committee: ITRE
Amendment 289 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h
(h) 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) or a provider controlled by an undertaking controlling a provider of any of the core platform services listed in points (a) to (g);
2021/09/13
Committee: ITRE
Amendment 291 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k
(k) apply fair and non-discriminatory general conditions of access and treatment for business users to its software application 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.
2021/06/30
Committee: JURI
Amendment 307 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
(6 a) 'Voice activated assistants' means voice-activated pieces of software that can perform a variety of tasks, acting both as a platform for voice applications and a user interface;
2021/09/13
Committee: ITRE
Amendment 309 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 7
7. A gatekeeper may request the opening of proceedings pursuant to Article 18 for the Commission to determine whether the measures that the gatekeeper intends to implement or has implemented under Article 6 are effective in achieving the objective of the relevant obligation in the specific circumstances. A gatekeeper may, with its request,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.
2021/06/30
Committee: JURI
Amendment 310 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 9
(9) ‘Number-independent interpersonal communications service’ means a service as defined in point 7 of Article 2 of Directive (EU) 2018/1972, including interpersonal communications services using publicly assigned numbering resources, namely, a number or numbers in national or international numbering plans, for the purpose of identifying users and which enable communication with a number or numbers in national or international numbering plans other than instant voice communication;
2021/09/13
Committee: ITRE
Amendment 312 #

2020/0374(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. Where the suspension is granted pursuant to paragraph 1, the Commission shall review its suspension decision every year. Following such a review the Commission shall either wholly or partly lift the suspension or decide that the conditions of paragraph 1 continue to be met.
2021/06/30
Committee: JURI
Amendment 312 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10
(10) ‘Operating system’ means a system software which controls the basic functions of theany hardware that is capable of being connected to the Internet or software and enables software applications to run on it, including for stationary and mobile devices, televisions or wearables;
2021/09/13
Committee: ITRE
Amendment 313 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
(10 a) ‘web browser’ means a software application used by users to access and interact with World Wide Web content hosted on servers which are connected to networks such as the internet;
2021/09/13
Committee: ITRE
Amendment 322 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 14
(14) ‘Ancillary service’ means services provided in the context of or together with core platform services that are related and necessary to effectively provide those core platform services, including 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;
2021/09/13
Committee: ITRE
Amendment 324 #

2020/0374(COD)

Proposal for a regulation
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.
2021/06/30
Committee: JURI
Amendment 326 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 18
(18) ‘Ranking’ means the relative prominence given to goods or services offered through online intermediation services or online social networking services, or the relevance given to search results by online search engines, as presented, organised or communicated by the providers of online intermediation services or of online social networking services or by providers of online search engines, respectivelycore platform services, whatever the technological means used for such presentation, organisation or communication;
2021/09/13
Committee: ITRE
Amendment 328 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
A gatekeeper shall informnotify the Commission of such a concentration prior to its implementation and following the conclusion of the agreement, the announcement of the public bid, or the acquisition of a controlling interest.
2021/06/30
Committee: JURI
Amendment 329 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
(18 a) ‘Search result’ is any information in any format, including texts, graphics, voice or other output, returned in response and related to a written or oral search query, irrespective of whether the information is an organic result, a paid result, a direct answer or any product, service or information offered in connection with, or displayed along with, or partly or entirely embedded in, the organic results;
2021/09/13
Committee: ITRE
Amendment 330 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 18 b (new)
(18 b) ‘Organic results’ are ‘search results’ that are solely based upon the relevance of the information to the end user and allow the end user to access the corresponding information directly;
2021/09/13
Committee: ITRE
Amendment 340 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. In the course of a market investigation pursuant to paragraph 1, the Commission shall endeavour to communicate its preliminary findings to the provider of core platform services concerned within sixthree months from the opening of the investigation. In the preliminary findings, the Commission shall explain whether it considers, on a provisional basis, that the provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6).
2021/06/30
Committee: JURI
Amendment 343 #

2020/0374(COD)

Proposal for a regulation
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 in the near future.
2021/09/13
Committee: ITRE
Amendment 347 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual EEA turnover equal to or above EUR 6.510 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 atwo or more core platform services to business and end users in at least threewo Member States;
2021/09/13
Committee: ITRE
Amendment 348 #

2020/0374(COD)

Proposal for a regulation
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.
2021/06/30
Committee: JURI
Amendment 352 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
(b) the requirement in paragraph 1 point (b) where it provides 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;
2021/09/13
Committee: ITRE
Amendment 356 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 3 – introductory part
3. Where a provider of core platform services meets all the thresholds in paragraph 2, it shall notify the Commission thereof within threone months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. That notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). The notification shall be updated whenever other core platform services individually meet the thresholds in paragraph 2 point (b).
2021/09/13
Committee: ITRE
Amendment 360 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 4 – introductory part
4. The Commission shall, without undue delay and at the latest 60 days after receiving the complete information referred to in paragraph 3, adopt a decision to designate the provider of core platform services in accordance with the definitions of Article 2 and that meets all the thresholds of paragraph 2 as a gatekeeper, unless that provider, with its notification, presents sufficientlycompelling substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, and taking into account the elements listed in paragraph 6, the provider does not satisfy the requirements of paragraph 1. Commission's gatekeeper designation decision shall specify which obligations from Article 5 and 6 are technically adequate and necessary to comply with paragraph 1 of Article 1, for the specific core platform service and binding for the designated gatekeeper.
2021/09/13
Committee: ITRE
Amendment 369 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1
Where the gatekeeper presents such sufficientlycompelling substantiated arguments to demonstrate that it does not satisfy the requirements of paragraph 1, the Commission shall apply paragraph 6 to assess whether the criteria in paragraph 1 are met.
2021/09/13
Committee: ITRE
Amendment 371 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 37 to specify the methodology for determining whether the quantitative thresholds laid down in paragraph 2 are met, and to regularly adjust it to market and technological developments where necessary, in particular as regards the threshold in paragraph 2, point (a). Delegated acts shall not adjust directly or indirectly the quantitative thresholds set in paragraph 2 and therefore not impact in any way the substance of the gatekeeper definition.
2021/09/13
Committee: ITRE
Amendment 372 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – introductory part
6. The Commission may identify as a gatekeeper, in accordance with the procedure laid down in Article 15, any provider of core platform services, excluding Medium-sized, Small or Micro enterprises as defined in Commission Recommendation 2003/361/EC1a, that meets each of the requirements of paragraph 1, but does not satisfy each of the thresholds of paragraph 2, or has presented sufficiently substantiated arguments in accordance with paragraph 4. Commission's gatekeeper designation decision shall specify which obligations from Articles 5 and 6 are technically adequate and necessary to comply with paragraph 1 of Article 1, for the specific core platform service. _________________ 1aCommission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).
2021/09/13
Committee: ITRE
Amendment 382 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point e a (new)
(e a) the degree of multi-homing among business and end users;
2021/09/13
Committee: ITRE
Amendment 383 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point e b (new)
(e b) the extent to which the provider offers several interlinked core platform services and ancillary services;
2021/09/13
Committee: ITRE
Amendment 388 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 2
In conducting its assessment, the Commission shall take into account foreseeable developments of these elements.deleted
2021/09/13
Committee: ITRE
Amendment 394 #

2020/0374(COD)

Proposal for a regulation
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.
2021/06/30
Committee: JURI
Amendment 394 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 7
7. For each gatekeeper identified pursuant to paragraph 4 or paragraph 6, the Commission shall identify the relevant undertaking to which it belongs and list the relevant core platform services that are provided within that same undertaking and which individually serve as an important gateway for business users to reach end users as referred to in paragraph 1(b) and taking into account the elements in paragraph 6. The Commission shall specify, for each listed core platform service, the relevant obligations from Article 5 and 6, binding for the gatekeeper, that are technically adequate and necessary to comply with paragraph 1 of Article 1.
2021/09/13
Committee: ITRE
Amendment 398 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 8
8. The gatekeeper shall comply with the relevant obligations laid down in Articles 5 andwithin four months after a core platform service has been included in the list pursuant to paragraph 7 of this Article and relevant obligations laid down in Article 6 within sixfour months after a core platform service has been included in the list pursuant to paragraph 7 of this Article and the relevant obligations of Article 6 are further specified in according with Article 7.
2021/09/13
Committee: ITRE
Amendment 405 #

2020/0374(COD)

Proposal for a regulation
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.
2021/09/13
Committee: ITRE
Amendment 407 #

2020/0374(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. The Commission shall publish and update the list of gatekeepers and the list of the core platform services for which they need to comply with the obligations laid down in Articles 5 and 6 on an on-going basis and at least every two years.
2021/09/13
Committee: ITRE
Amendment 409 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Article 6 (1)(a) of Regulation (EU) 2016/679. ; alternatively, the gatekeeper may rely on the legal basis included under Article 6 (1) of Regulation (EU) 2016/679 with the exception of points (b) and (f) of Article 6 (1) of Regulation (EU) 2016/679;
2021/09/13
Committee: ITRE
Amendment 419 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) allow businessrefrain from applying contractual obligations or other means that prevent users tofrom offer the sameing by themselves or through third party the same or different products or services to end usersas those offered through third partye online intermediation services at prices or conditions that are different from thoseof the gatekeeper and allow to offered throughose outside the online intermediation services of the gatekeeper, at prices or conditions that are different or the same;
2021/09/13
Committee: ITRE
Amendment 429 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) allow business users to promote offers to end users acquired via the core platform 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,engage in in-app and out-of-app communications, including promoting the same or different offers, with end users acquired via the core platform service, including those for which the core platform service has been remunerated or through othe 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 usingr channels, and to conclude contracts with these end users or receive payments for provided services, outside the core platform services of the gatekeeper;
2021/09/13
Committee: ITRE
Amendment 432 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
(c a) 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 the core platform services of the gatekeeper;
2021/09/13
Committee: ITRE
Amendment 436 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) refrain from directly or indirectly preventing or restricting business and end users from raising issues with any relevant public authority, including national courts, relating to any practice of gatekeepers;
2021/09/13
Committee: ITRE
Amendment 441 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users to use, offer or interoperate with angatekeeper's identification service, payment service, payment services supporting services or any ancillary or other service of the gatekeeper or third party, in the context of services offered by the business users using the core platform services of that gatekeeper;
2021/09/13
Committee: ITRE
Amendment 445 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point f
(f) refrain from requiring business users or end users to use, 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)any other service or product offered, owned or controled by the gatekeeper or any third party, particularly any ancillary services of the gatekeeper or any third party, such as payment services, as a condition to access, use, sign up or register to any of their core platform services identified pursuant to that Article 2 or to any other service offered by the gatekeeper and from automatically signing users of a core platform service into any such services or products offered, owned or controlled by the gatekeeper or any third party;
2021/09/13
Committee: ITRE
Amendment 451 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g
(g) provide individual advertisers and publishers to which it supplies advertising services, upon their request, with information concerningwith 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 or remuneration paid to the publishernd the methodology for the calculation of advertising intermediation fees and surcharges, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper.
2021/09/13
Committee: ITRE
Amendment 453 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
(g a) in addition to the obligations pursuant to Regulation (EU) 2019/1150, ensure that the full chronology of the contracts concluded between the gatekeeper and a business user as well as any corresponding terms and conditions is easily available to that business user at all stages of the commercial relationship, including for at least five years following the end of the relationship.
2021/09/13
Committee: ITRE
Amendment 459 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
(g b) refrain from inserting sponsorship or advertising around third-party content provided through gatekeeper core platform service without the express consent of the provider of such content or imposing any other conditions or measures hindering business users from monetizing their services and allowing the gatekeeper to monetize on third-party content provided by its business users;
2021/09/13
Committee: ITRE
Amendment 462 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g c (new)
(g c) refrain from using or combining, in competition with business users, any data not publicly available, generated in provision of different core platform services, ancillary service sand other services provided by the gatekeeper or through activities by those business users, including by the end users of these business users, of its core platform services or provided by those business users of its core platform services or by the end users of these business users;
2021/09/13
Committee: ITRE
Amendment 466 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g d (new)
(g d) allow end users and business users to un-install any pre-installed software applications on its operating system without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that can be proven as essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third- parties;
2021/09/13
Committee: ITRE
Amendment 469 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g e (new)
(g e) refrain from disclosing any commercially sensitive information obtained in connection with one of its advertising services to any third party belonging to the same undertaking and from using such commercially sensitive information for any purposes other than the provision of the specific advertising service unless this is necessary for carrying out a business transaction;
2021/09/13
Committee: ITRE
Amendment 473 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g f (new)
(g f) refrain from applying unfair conditions in commercial negotiations for IP Transport.
2021/09/13
Committee: ITRE
Amendment 484 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) refrain from using, in competition with business users, any data not publicly available, which is generated through activities by those business users, including by the end users of these business users, of its core platform services or provided by those business users of its core platform services or by the end users of these business users;deleted
2021/09/13
Committee: ITRE
Amendment 487 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) allow end users to un-install any pre-installed software applications on its core platform service without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third-parties;deleted
2021/09/13
Committee: ITRE
Amendment 491 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) allow the installationbusiness and end users, the installation, the designation as the default 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 allow all downloaded applications or application stores to prompt the end user enabling decision on setting them as default. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger cyber security, privacy and data protection and the integrity of the hardware or operating system provided by the gatekeeper, where the gatekeeper can prove that such measures are necessary and justified and there are no less restrictive means to safeguard those purposes. The gatekeeper shall ensure that these measures are implemented in compliance with Regulation (EU) 2016/679 and Directive 2002/58/EC, and with legislation on cyber security, consumer protection and product safety;
2021/09/13
Committee: ITRE
Amendment 497 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) refrain from treating more favourably in ranking or displaying services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non- discriminatory conditions to such ranking; where a gatekeeper’s online search engine results page includes the display of separate products or services third parties shall be afforded equal opportunity to provide this product or services in exchange for remuneration; to avoid any conflicts of interest, the gatekeeper’s product or service shall be treated as a separate commercial entity and shall be commercially viable as a stand-alone service;
2021/09/13
Committee: ITRE
Amendment 501 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
(d a) refrain from treating more favourably in search results any sponsored or paid for online intermediation services as compared to organic, purely relevance-based online intermediation services;
2021/09/13
Committee: ITRE
Amendment 503 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e
(e) refrain from technically, commercial or other means of restricting the ability of end users to switch between and, subscribe to and use different providers of electronic communications networks and services, software applications and services tohat can be accessed using the operating system of the gatekeeper, including as regards the choice of Internet access provider for end users;
2021/09/13
Committee: ITRE
Amendment 508 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point f
(f) allow end users, business users and, providers of ancillary services access to and, providers and potential providers of number- independent interpersonal communication services, online social networking services and advertising service providers for interoperability with the same operating system, hardware or, software features that are available or used in the provision by the gatekeeper of any ancillary services; or any industry-standard service features and access to the same technical information that are available or used in the provision by the gatekeeper of any ancillary services, social networking services, number-independent interpersonal communications services, advertising services or any industry- standard features of its core platform services, unless and only to the degree, it can be proven that necessary measures compromise compliance with Regulation (EU) 2016/679 and Directive 2002/58/EC, with legislation on cybersecurity, consumer protection and product safety;
2021/09/13
Committee: ITRE
Amendment 515 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point g
(g) provide advertisers and, publishers and mandated independent third parties, upon their request and free of charge, with access to the performance measuring tools of the gatekeeper and the information in a format necessary for advertisers and, publishers and mandated independent third parties, to carry out their own independent verification of the ad inventory; , including ranking, query, click and view data and continuous and real- time access via high-quality application programming interfaces to the data necessary for advertisers and publishers to run their own or third-party verification and measurement tools to measure the performance of the gatekeeper’s intermediation services and the performance of an advertisement;
2021/09/13
Committee: ITRE
Amendment 522 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point h
(h) provide effective portability of databusiness users and end users or third parties authorised by a business user or end user, free of charge, with effective portability of data provided by the business user or end user or generated through their activity of a business user or end user and shall, in particular,in the context of the use on the relevant core platform service, including by provideing tools for business users and end users to facilitate the effective exercise of such data portability, in line with Regulation (EU) 2016/679, and including by the provision of continuous and real-time access ;
2021/09/13
Committee: ITRE
Amendment 529 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated orand non-aggregated data, that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users, including ranking, query, click and view data; this shall include, at the request of the business user, the possibility and necessary tools to access and analyse data “in-situ” without a transfer from the gatekeeper; for personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent provided to the gatekeeper or directly to the business user as prescribed in Article 11(2) or where the business user may rely on Article 6(1)(c) or Article 6(1)(e) in the sense of the Regulation (EU) 2016/679; ;
2021/09/13
Committee: ITRE
Amendment 538 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k
(k) apply fair and non-discriminatory general conditions of access for business users to its software application storeor conditions that are not less favourable than the conditions applied to its own service for business users to its core platform services designated pursuant to Article 3 of this Regulation.
2021/09/13
Committee: ITRE
Amendment 551 #

2020/0374(COD)

Proposal for a regulation
Article 6 a (new)
Article 6 a Anti-circumvention 1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. 2. While the obligations of Articles 5 and 6 apply in respect of core platform services designated pursuant to Article 3, a gatekeeper, including any undertaking to which the gatekeeper belongs, shall not engage in any behaviour regardless of whether this behaviour is of a contractual, commercial, technical or any other nature which, while formally, conceptually or technically distinct to a behaviour prohibited pursuant to Articles 5 and 6, has an equivalent object or effect, including product or interface design subverting, impairing or making user decision-making more burdensome. 3. Where consent for collecting and processing of personal data is required to ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to either enable business users to directly obtain the required consent to their processing, where required under Regulation (EU) 2016/679 and Directive 2002/58/EC, or to comply with Union data protection and privacy rules and principles in other ways including by providing business users with duly anonymised data where appropriate. The gatekeeper shall not make the obtaining of this consent by the business user more burdensome than for its own services. In case consent is directly expressed by the end-user at the level of the services offered by the business user through the relevant core platform service, it shall prevail over any consent provided at the gatekeeper level. 4. A gatekeeper shall not degrade the conditions or quality of any of the core platform services provided to business users or end users who avail themselves of the rights or choices laid down in Articles 5 and 6, or make the exercise of those rights or choices unduly difficult.
2021/09/13
Committee: ITRE
Amendment 552 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. It shall be the responsibility of the gatekeeper to ensure and demonstrate compliance by design with the relevant obligations laid down in Articles 5 and 6. The measures implemented by the gatekeeper to ensure compliance with the obligations laid down in Articles 5 and 6 shall be effective in achieving the objective of the relevant obligation. The gatekeeper shall ensure that these measures are implemented in compliance with Regulation (EU) 2016/679 and Directive 2002/58/EC, and with legislation on cyber security, consumer protection and product safety.
2021/09/13
Committee: ITRE
Amendment 558 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Where the Commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, do not ensure effective compliance with the relevant obligations laid down in Article 5 and 6, it mayshall by decision specify the measures that the gatekeeper concerned shall implement. The High-Level Group of Digital Regulators, Digital Markets Advisory Committee including Digital Markets Stakeholders Council and relevant stakeholders may submit to the Commission opinions on the necessary measures within the time foreseen for the adoption of the decision. The Commission shall adopt such a decision within sixfour months from the opening of proceedings pursuant to Article 18.
2021/09/13
Committee: ITRE
Amendment 566 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 3 a (new)
3 a. Where the Commission intends to adopt a specification decision pursuant to paragraph 2, it shall publish a concise summary of the measures the gatekeeper is expectedto implement to ensure effective compliance with the obligations of this Regulation. The Commission shall invite interested third parties, including business users and end users representatives, Member States competative authorities, to submit their observations, within a time limit, which is fixed by the Commissionin in its publication and to take the observations under consideration when adopting a specification decision pursuant to paragraph 2. Publication shall have regard to the legitimate interest of undertakings in the protection of their business secrets.
2021/09/13
Committee: ITRE
Amendment 569 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. In view of adopting the decision under paragraph 2, the Commission shall communicate its preliminary findings within threewo months from the opening of the proceedings. In the preliminary findings, the Commission shall explain the measures it considers to take or it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings.
2021/09/13
Committee: ITRE
Amendment 573 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 7
7. A gatekeeper may request the opening of proceedings pursuant to Article 18 for the Commission to determine whether the measures that the gatekeeper intends to implement or has implemented under Article 5 and 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.
2021/09/13
Committee: ITRE
Amendment 579 #

2020/0374(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. Where the suspension is granted pursuant to paragraph 1, the Commission shall review its suspension decision every year. Following such a review which should include consultation with the gatekeeper and third parties with a justified interest the Commission shall either wholly or partly lift the suspension or decide that the conditions of paragraph 1 continue to be met.
2021/09/13
Committee: ITRE
Amendment 581 #

2020/0374(COD)

Proposal for a regulation
Article 8 – paragraph 3 – introductory part
3. TIn cases of urgency, the Commission may, acting on a reasoned request by a gatekeeper, provisionally suspend the application of the relevant obligation to one or more individual core platform services already prior to the decision pursuant to paragraph 1.
2021/09/13
Committee: ITRE
Amendment 586 #

2020/0374(COD)

Proposal for a regulation
Article 9 – paragraph 1 a (new)
1 a. Where the exemption is granted pursuant to paragraph 1, the Commission shall reviewits exemption decision every 2 years. Following such a review the Commission shall either wholly or partially lift the exemption or decide that theconditions of paragraph 1 continue to be met.
2021/09/13
Committee: ITRE
Amendment 592 #

2020/0374(COD)

Proposal for a regulation
Article 9 – paragraph 3 – introductory part
3. TIn cases of urgency, the Commission may, acting on a reasoned request by a gatekeeper or on its own initiative, provisionally suspend the application of the relevant obligation to one or more individual core platform services already prior to the decision pursuant to paragraph 1.
2021/09/13
Committee: ITRE
Amendment 600 #

2020/0374(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point a
(a) there is an imbalance of rights andor obligations on business users and the gatekeeper is obtaining an advantage from business users that is disproportionate to the service provided by the gatekeeper to business users; or
2021/09/13
Committee: ITRE
Amendment 601 #

2020/0374(COD)

Proposal for a regulation
Article 11
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core platform services designated pursuant to Article 3, their implementation shall not be undermined by any behaviour of the undertaking to which the gatekeeper belongs, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature. 2. Where consent for collecting and processing of personal data is required to ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to either enable business users to directly obtain the required consent to their processing, where required under Regulation (EU) 2016/679 and Directive 2002/58/EC, or to comply with Union data protection and privacy rules and principles in other ways including by providing business users with duly anonymised data where appropriate. The gatekeeper shall not make the obtaining of this consent by the business user more burdensome than for its own services. 3. A gatekeeper shall not degrade the conditions or quality of any of the core platform services provided to business users or end users who avail themselves of the rights or choices laid down in Articles 5 and 6, or make the exercise of those rights or choices unduly difficult.Article 11 deleted Anti-circumvention
2021/09/13
Committee: ITRE
Amendment 611 #

2020/0374(COD)

Proposal for a regulation
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.
2021/09/13
Committee: ITRE
Amendment 617 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 3 a (new)
3 a. The Commission shall publish on its website information on any intended or finalised concentration within the meaning of paragraph 1.
2021/09/13
Committee: ITRE
Amendment 621 #

2020/0374(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. Within six months after its designation pursuant to Article 3, a gatekeeper shall submit to the Commission an independently audited description of any techniques for profiling of consumers that the gatekeeper applies to or across its core platform services identified pursuant to Article 3. This description shall be updated at least annually.
2021/09/13
Committee: ITRE
Amendment 624 #

2020/0374(COD)

Proposal for a regulation
Article 13 – paragraph 1 a (new)
The Commission shall publish on its website key audit results pursuant to paragraph 1. Publication shall have regard to the legitimate interest of undertakings in the protection of their business secrets.
2021/09/13
Committee: ITRE
Amendment 625 #

2020/0374(COD)

Proposal for a regulation
Article 13 – paragraph 1 b (new)
The Commission shall submit audit results pursuant to paragraph 1 to the competent national authorities.
2021/09/13
Committee: ITRE
Amendment 627 #

2020/0374(COD)

Proposal for a regulation
Article 14 – paragraph 3 a (new)
3 a. The Commission may also ask one or more competent national authority to support its market investigation.
2021/09/13
Committee: ITRE
Amendment 632 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. In the course of a market investigation pursuant to paragraph 1, the Commission shall endeavour to communicate its preliminary findings to the provider of core platform services concerned within sixthree months from the opening of the investigation. In the preliminary findings, the Commission shall explain whether it considers, on a provisional basis, that the provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6).
2021/09/13
Committee: ITRE
Amendment 637 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. When the Commission pursuant to Article 3(6) designates as a gatekeeper a provider of core platform services that does not yet enjoy an entrenched and durable position in its operations, but it is foreseeable that it will enjoy such a position in the near future, it shall declare applicable to that gatekeeper only obligations laid down in Article 5(b) and Article 6(1) points (e), (f), (h) and (i) as specified in the designation decision. The Commission shall only declare applicable those obligations that are appropriate and necessary to prevent that the gatekeeper concerned achieves by unfair means an entrenched and durable position in its operations. The Commission shall review such a designation in accordance with the procedure laid down in Article 4.deleted
2021/09/13
Committee: ITRE
Amendment 644 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. Where the market investigation shows that a gatekeeper has systematically infringed the obligations laid down in Articles 5 and 6 and has further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) impose on such gatekeeper any behavioural or structural remedies which are proportionate to the infringement committedeffective and necessary to ensure compliance with this Regulation. The Commission shall conclude its investigation by adopting a decision within twelve months from the opening of the market investigation.
2021/09/13
Committee: ITRE
Amendment 651 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. A gatekeeper shall be deemed to have engaged in a systematic non- compliance with the obligations laid down in Articles 5 and 6, where the Commission has issued at least threewo non-compliance or fining decisions pursuant to Articles 25 and 26 respectively against a gatekeeper in relation to any of its core platform services within a period of five years prior to the adoption of the decision opening a market investigation in view of the possible adoption of a decision pursuant to this Article.
2021/09/13
Committee: ITRE
Amendment 653 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 4
4. A gatekeeper shall be deemed to have further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), where its impact on the internal market has further increased, its importance as a gateway for business users to reach end users has further increased or the gatekeeper enjoys a further entrenched and durable position in its operations.deleted
2021/09/13
Committee: ITRE
Amendment 657 #

2020/0374(COD)

Proposal for a regulation
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 necessary and proportionateeffective and necessary.
2021/09/13
Committee: ITRE
Amendment 660 #

2020/0374(COD)

Proposal for a regulation
Article 17 – paragraph 1
The Commission may conduct a market investigation with the purpose of examining whether one or more services within the digital sector should be added to the list of core platform services or to detect types of practices that may limit the contestability of core platform services or may be unfair and which are not effectively addressed by this Regulation. It shall issue a public report at the latest within 2418 months from the opening of the market investigation.
2021/09/13
Committee: ITRE
Amendment 665 #

2020/0374(COD)

Proposal for a regulation
Article 19 – paragraph 4
4. Where the Commission requires 4. undertakings and associations of undertakings to supply information by decision, it shall state the purpose of the request, specify what information is required and fix the time-limit within which it is to be provided. Where the Commission requires undertakings to provide access to its data-bases and algorithms, it shall state the legal basis and the purpose of the request, specify what information is required and fix the time- limit within which it is to be provided. It shall also indicate the penalties provided for in Article 26 and indicate or impose the periodic penalty payments provided for in Article 27. It shall further indicate the right to have the decision reviewed by the Court of Justice.
2021/09/13
Committee: ITRE
Amendment 685 #

2020/0374(COD)

Proposal for a regulation
Article 24 – paragraph 2
2. The actions pursuant to paragraph 1 may include the appointment of independent external experts and auditors, including from competent independent national authorities to assist the Commission to monitor the obligations and measures and to provide specific expertise or knowledge to the Commission.
2021/09/13
Committee: ITRE
Amendment 689 #

2020/0374(COD)

Proposal for a regulation
Article 25 – paragraph 1 – introductory part
1. The Commission shall, within six months from the opening of proceedings pursuant to Article 18, adopt a non- compliance decision in accordance with the advisory procedure referred to in Article 32(4) where it finds that a gatekeeper does not comply with one or more of the following:
2021/09/13
Committee: ITRE
Amendment 695 #

2020/0374(COD)

Proposal for a regulation
Article 25 – paragraph 3 a (new)
3 a. Non-compliance decision pursuant to paragraph 1 shall specify the measures the gatekeeper shall implement to ensure effective compliance with its obligations laid down in Articles 5 or 6. The Commission shall, where appropriate, be entitled to require the measures to be tested to optimise their effectiveness.
2021/09/13
Committee: ITRE
Amendment 705 #

2020/0374(COD)

Proposal for a regulation
Article 27 – paragraph 2
2. Where the undertakings have satisfied the obligation which the periodic penalty payment was intended to enforce, the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) set the definitive amount of the periodic penalty payment at a figure lower than that which would arise under the original decision.
2021/09/13
Committee: ITRE
Amendment 706 #

2020/0374(COD)

Proposal for a regulation
Article 28 – paragraph 1
1. The powers conferred on the Commission by Articles 26 and 27 shall be subject to a threfive year limitation period.
2021/09/13
Committee: ITRE
Amendment 711 #

2020/0374(COD)

Proposal for a regulation
Article 30 – paragraph 1 a (new)
1 a. The Member State's authorities designated under this Regulation may also ask the Commission to hear other natural or legal persons with sufficient interest.
2021/09/13
Committee: ITRE
Amendment 714 #

2020/0374(COD)

Proposal for a regulation
Article 30 – paragraph 2
2. Gatekeepers, undertakings and, associations of undertakings concerned, relevant natural and legal third persons with sufficient interested, may submit their observations to the Commission’s preliminary findings within a time limit which shall be fixed by the Commission in its preliminary findings and which may not be less than 14 days.
2021/09/13
Committee: ITRE
Amendment 716 #

2020/0374(COD)

Proposal for a regulation
Article 30 – paragraph 3
3. The Commission shall base its decisions only on objections on which gatekeepers, undertakings and, associations of undertakings concerned, relevant interested natural and legal third persons, have been able to comment.
2021/09/13
Committee: ITRE
Amendment 718 #

2020/0374(COD)

Proposal for a regulation
Article 30 – paragraph 4 a (new)
4 a. Relevant stakeholders, natural or legal persons, with a sufficient interest shall be entitled to lodge complaints with regard to the non-compliance and systematic non-compliance by gatekeepers with their obligations under this Regulation.
2021/09/13
Committee: ITRE
Amendment 723 #

2020/0374(COD)

Proposal for a regulation
Article 31 a (new)
Article 31 a European High-Level Group of Digital Regulators 1. The Commission shall establish a European High-Level Group of Digital Regulators in the form of an Expert Group, consisting of the representatives of competent authorities of all the Member States, the Commission, relevant EU bodies and other representatives of competent authorities in specific sectors including competition, data protection and electronic communications. 2. The Group shall be composed of the head of the relevant competent authorities and shall be assisted by a secretariat provided by the Commission. 3. The work of the high-level group may be organised into Expert Working Groups building cross-regulator specialist teams that provide the Commission with high level of expertise.
2021/09/13
Committee: ITRE
Amendment 725 #

2020/0374(COD)

Proposal for a regulation
Article 31 b (new)
Article 31 b Tasks of the European High-Level Group of Digital Regulators 1. The expert group shall have the following tasks: (a) to facilitate cooperation and coordination between the Commission and Member States in their enforcement actions by promoting the exchange of information and best practices about their work and decision-making principles and practices with the aim to develop a consistent regulatory approach and avoid conflicting decisions; (b) assist the Commission by means of advice, opinions, analysis and expertise in monitoring compliance with this Regulation; (c) make recommendations to the Commission on the need to conduct market investigations under Articles 14, 15, 16, 16a and 17; (d) make recommendations to the Commission on the need to update the obligations of the Regulation under Articles 5 and 6; (e) provide advice and expertise to the Commission in the preparation of legislative proposals and policy initiatives including under Article 38; (f) provide advice and expertise to the Commission in the preparation of delegated acts; (g) where necessary, provide advice and expertise in the early preparation of implementing acts, before submission to the committee in accordance with Regulation (EU) 182/2011; (h) maintain a publicly accessible electronic register of gatekeeper designation decisions adopted by the Commission under Article 3; (i) upon request by the Commission, provide technical advice and expertise before the adoption of a specification decision under Article 7. 2. The High-Level Group of Digital Regulators shall report every two years about its activities to the European Parliament and offer recommendations and policy suggestions on how to enhance the relevance of Union policies and laws and to enable consistency in the implementation of those policies and laws at national level.
2021/09/13
Committee: ITRE
Amendment 726 #

2020/0374(COD)

Proposal for a regulation
Article 31 c (new)
Article 31 c In accordance with the implementing provisions of article 36 the Commission when carrying out its functions under Articles 6, 7, 10, 16, 17, 24 and 25 shall consult with the European High Level Group of Digital Regulators.
2021/09/13
Committee: ITRE
Amendment 728 #

2020/0374(COD)

Proposal for a regulation
Article 32 – paragraph 1 a (new)
1 a. The Advisory Committee shall be composed of representatives of the competent authorities of the Member States. For meetings in which specific issues are being discussed, Member States shall be able to appoint an additional representative from an authority with the relevant expertise for the issues discussed. This is without prejudice to members of the Committee being assisted by other experts from the Member States.
2021/09/13
Committee: ITRE
Amendment 729 #

2020/0374(COD)

Proposal for a regulation
Article 32 – paragraph 1 b (new)
1 b. The Advisory Committee shall establish a Digital Markets Stakeholders Council (Stakeholders Council). The Stakeholders Council shall be composed of relevant representatives of business users and end users, research, academia, civil society and other relevant stakeholders, representing all Member States to maintain geographical balance. The Stakeholders Council shall nominate a relevant representatives, to attend meetings of the Advisory Committee and to participate in its work. The composition of the Stakeholders Council and its recommendations to the Advisory Committee shall be made public.
2021/09/13
Committee: ITRE
Amendment 740 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. When threone or more Member States request the Commission to open an investigation pursuant to Article 15 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation.
2021/09/13
Committee: ITRE
Amendment 750 #

2020/0374(COD)

Proposal for a regulation
Article 36 – paragraph 1 – introductory part
1. The Commission may adopt implementing acts concerning: 3, 5, 6, 12, 13, 15, 16, 17, 20, 22, 23, 25 and 30
2021/09/13
Committee: ITRE
Amendment 753 #

2020/0374(COD)

Proposal for a regulation
Article 36 – paragraph 1 – point g a (new)
(g a) the procedure for the consultations of the Commission with the High Level Group of Digital Regulators in the performance of its functions under Article 6, 7, 10, 16, 17, 24 and 25;
2021/09/13
Committee: ITRE
Amendment 755 #

2020/0374(COD)

Proposal for a regulation
Article 36 a (new)
Article 36 a 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 standardization bodies to develop standards to facility the implementation of the obligations.
2021/09/13
Committee: ITRE
Amendment 756 #

2020/0374(COD)

2. The power to adopt delegated acts referred to in Articles 3(6) and 9(1)10 shall be conferred on the Commission for a period of five years from DD/MM/YYYY. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
2021/09/13
Committee: ITRE
Amendment 757 #

2020/0374(COD)

Proposal for a regulation
Article 37 – paragraph 3
3. The delegation of power referred to in Articles 3(6) and 9(1)10 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2021/09/13
Committee: ITRE
Amendment 81 #

2020/0361(COD)

Proposal for a regulation
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable 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 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. The Commission and the Member States should provide guidance to on how to identify the illegal content.
2021/06/23
Committee: ITRE
Amendment 105 #

2020/0361(COD)

Proposal for a regulation
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remove or to disable access to that contenassess the grounds for and, when necessary, proceed to removing or disabling access to all copies of that content, and, in accordance with the jurisprudence of the Court of Justice of the European Union, ensure that identical or equivalent illegal content does not reappear within the same context. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.
2021/06/23
Committee: ITRE
Amendment 112 #

2020/0361(COD)

Proposal for a regulation
Recital 25
(25) In order to create legal certainty and not to discourage automated or non- automated activities aimed at detecting, identifying and acting against illegal content that providers of intermediary services may undertake on a voluntary basis, it should be clarified that the mere fact that providers undertake such activities does not lead to the unavailability of the exemptions from liability set out in this Regulation, provided those activities are carried out in good faith and in a diligent manner for the sole purpose of detecting, identifying and acting against illegal content. In addition, it is appropriate to clarify that the mere fact that those providers take measures, in good faith, to comply with the requirements of Union or national law, including those set out in this Regulation as regards the implementation of their terms and conditions, should not lead to the unavailability of those exemptions from liability set out in this Regulation. Therefore, any such activities and measures that a given provider may have taken should not be taken into account when determining whether the provider can rely on an exemption from liability, in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision, without this rule however implying that the provider can necessarily rely thereon.
2021/06/23
Committee: ITRE
Amendment 121 #

2020/0361(COD)

Proposal for a regulation
Recital 30
(30) Orders to act against illegal content or to provide information should be issued in compliance with Union law, in particular Regulation (EU) 2016/679 and the prohibition of general obligations to monitor information or to actively seek facts or circumstances indicating illegal activity laid down in this Regulation. The orders to act against illegal content may require providers of intermediary services to take steps, in the specific case, to remove identical or equivalent illegal content, within the same context. The conditions and requirements laid down in this Regulation which apply to orders to act against illegal content are without prejudice to other Union acts providing for similar systems for acting against specific types of illegal content, such as Regulation (EU) …/…. [proposed Regulation addressing the dissemination of terrorist content online], or Regulation (EU) 2017/2394 that confers specific powers to order the provision of information on Member State consumer law enforcement authorities, whilst the conditions and requirements that apply to orders to provide information are without prejudice to other Union acts providing for similar relevant rules for specific sectors. Those conditions and requirements should be without prejudice to retention and preservation rules under applicable national law, in conformity with Union law and confidentiality requests by law enforcement authorities related to the non- disclosure of information.
2021/06/23
Committee: ITRE
Amendment 139 #

2020/0361(COD)

Proposal for a regulation
Recital 42 a (new)
(42 a) Hosting services providers should not be subject to the obligation to provide a statement of reasons when doing so would infringe on a legal right or cause unintended safety concerns for the recipient of the service. Specifically in cases of one-to-one interface platforms, such as dating applications and other similar services, providing the statement of reasons should be considered such as to likely cause unintended safety concerns for the reporting party. As a result of this, dating applications and other similar services should by default refrain from providing statements of reasons. Additionally, other providers of hosting services should make reasonable efforts to assess if providing a statement of reasons could cause unintended safety concerns to the reporting party, and in such cases, refrain from providing a statement of reasons.
2021/06/23
Committee: ITRE
Amendment 141 #

2020/0361(COD)

Proposal for a regulation
Recital 43
(43) To avoid disproportionate burdens, the additional obligations imposed on online platforms under this Regulation should not apply to micro or, small and medium-sized enterprises (SMEs) as defined in Recommendation 2003/361/EC of the Commission,.41 unless their reach and impact is such that they meet the criteria to qualify as very large online platforms under this Regulation. The consolidation rules laid down in that Recommendation help ensure that any circumvention of those additional obligations is prevented. The exemption of micro- and small, small and medium-sized enterprises (SMEs) enterprises from those additional obligations should not be understood as affecting their ability to set up, on a voluntary basis, a system that complies with one or more of those obligations. _________________ 41 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
2021/06/23
Committee: ITRE
Amendment 142 #

2020/0361(COD)

Proposal for a regulation
Recital 43 a (new)
(43 a) To similarly avoid unnecessary regulatory burden, certain obligations should not apply to online platforms offering products and services from third- party traders, which are established in the European Union, where these traders' access is exclusive, curated and entirely controlled by the providers of the online platform and these traders’ products and services are reviewed and pre-approved by the providers of the online platform before they are offered on the platform. These online platforms are often referred to as closed online platforms. As the products and services offered are reviewed and pre-approved by the online platforms, the prevalence of illegal content and products on these platforms is low, and these platforms cannot benefit from relevant liability exemptions outlined in this Regulation. These online platforms should subsequently not be subjected to the obligations which are necessary for platforms with different operational models where the prevalence of illegal content is more frequent and the relevant liability exemptions are available.
2021/06/23
Committee: ITRE
Amendment 151 #

2020/0361(COD)

Proposal for a regulation
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms, having received guidance from public authorities on how to identify illegal content, take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should only be awarded to entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent and objective manner. Such entities can be public in nature, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. For intellectual property rights, organisations of industry and of right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 _________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
2021/06/23
Committee: ITRE
Amendment 157 #

2020/0361(COD)

Proposal for a regulation
Recital 49
(49) In order to contribute to a safe, trustworthy and transparent online environment for consumers, as well as for other interested parties such as competing traders and holders of intellectual property rights, and to deter traders from selling products or services in violation of the applicable rules, online platforms allowing consumers to conclude distance contracts with traders on the platforms should ensure that such traders are traceable. The trader should therefore be required to provide certain essential information to the online platform, including for purposes of promoting messages on or offering products. That requirement should also be applicable to traders that promote messages on products or services on behalf of brands, based on underlying agreements. Those online platforms should store all information in a secure manner for a reasonable period of time that does not exceed what is necessary, so that it can be accessed, in accordance with the applicable law, including on the protection of personal data, by public authorities and private parties with a legitimate interest, including through the orders to provide information referred to in this Regulation.
2021/06/23
Committee: ITRE
Amendment 161 #

2020/0361(COD)

Proposal for a regulation
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platforms covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the online platforms covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot, as this would be disproportionate. Nor should such online platforms, which have made the reasonable efforts required by this Regulation, be understood as guaranteeing the reliability of the information towards consumer or other interested parties or be liable for this information in case it proves to be inaccurate. Such online platforms should also design and organise their online interface in a way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . _________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
2021/06/23
Committee: ITRE
Amendment 175 #

2020/0361(COD)

Proposal for a regulation
Recital 54
(54) Very large online platforms may cause societal risks, different in scope and impact from those caused by smaller platforms. Once the number of recipients of a platform reaches a significant share of the Union population, the systemic risks the platform poses have a disproportionately negative impact in the Union. Such significant reach should be considered to exist where the number of recipients exceeds an operational threshold set at 45 million, that is, a number equivalent to 10% of the Union population. The operational threshold should be kept up to date through amendments enacted by delegated acts, where necessary. Such very large online platforms should therefore bear the highest standard of due diligence obligations, proportionate to their societal impact and means. In certain cases, online platforms whose number of recipients does not exceed the operational threshold set at 10% of the Union population should also be considered very large online platforms due to their role in facilitating public debate, economic transactions and the dissemination of information, opinions and ideas and in influencing how recipients obtain and communicate information online.
2021/06/23
Committee: ITRE
Amendment 185 #

2020/0361(COD)

Proposal for a regulation
Recital 61
(61) The audit report should be substantiated, so as to give a meaningful account of the activities undertaken and the conclusions reached. It should help inform, and where appropriate suggest improvements to the measures taken by the very large online platform to comply with their obligations under this Regulation, without prejudice to its freedom to conduct a business and, in particular, its ability to design and implement effective measures that are aligned with its specific business model. The report should be transmitted to the Digital Services Coordinator of establishment and the Board without delay, together with the risk assessment and the mitigation measures, as well as the platform’s plans for addressing the audit’s recommendations. The report should include an audit opinion based on the conclusions drawn from the audit evidence obtained. A positive opinion should be given where all evidence shows that the very large online platform complies with the obligations laid down by this Regulation or, where applicable, any commitments it has undertaken pursuant to a code of conduct or crisis protocol, in particular by identifying, evaluating and mitigating the systemic risks posed by its system and services. A positive opinion should be accompanied by comments where the auditor wishes to include remarks that do not have a substantial effect on the outcome of the audit. A negative opinion should be given where the auditor considers that the very large online platform does not comply with this Regulation or the commitments undertaken. A disclaimer of an opinion should be given where the auditor does not have enough information to conclude on an opinion due to the novelty of the issues audited.
2021/06/23
Committee: ITRE
Amendment 225 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 3 a (new)
- Providers of not-for-profit scientific or educational repositories are not considered an intermediary service within the meaning of this Regulation.
2021/06/23
Committee: ITRE
Amendment 266 #

2020/0361(COD)

Proposal for a regulation
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry outtake the necessary voluntary own-initiative investigation measures for other activities aimed at sole purpose of detecting, identifying and removing, or disabling of access to, illegal content, or take the necessary measures to comply with the requirements of Union law, including those set out in this Regulation.
2021/06/23
Committee: ITRE
Amendment 283 #

2020/0361(COD)

5 a. Providers of intermediary services that qualify as micro, small or medium- sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC, and who have been unsuccessful in obtaining the services of a legal representative after reasonable effort, shall be able to request that the Digital Service Coordinator of the Member State where the enterprise intends to establish a legal representative facilitates further cooperation and recommends possible solutions, including possibilities for collective representation.
2021/06/24
Committee: ITRE
Amendment 300 #

2020/0361(COD)

Proposal for a regulation
Article 12 a (new)
Article 12 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) online platforms that qualify as micro and medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC. (b) 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.
2021/06/24
Committee: ITRE
Amendment 315 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC. , small or medium-sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC. In addition, paragraph 1 shall not apply to enterprises that previously qualified for the status of a micro, small or medium-sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
2021/06/24
Committee: ITRE
Amendment 319 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices at scale and exclusively by electronic means.
2021/06/24
Committee: ITRE
Amendment 329 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 2 – point b
(b) a clear indication of the electronic loidentification of that information, in particular the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content;
2021/06/24
Committee: ITRE
Amendment 344 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 a (new)
6 a. Where a provider of hosting services processes a notice and decides to remove or disable access to specific items of information provided by the recipients of the service, it shall take steps, in the specific case, to remove identical or equivalent illegal content, within the same context.
2021/06/24
Committee: ITRE
Amendment 346 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 b (new)
6 b. Paragraphs 2, 4 and 5 shall not apply to providers of intermediary services that qualify as micro, small or medium- sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC. In addition, paragraphs 2, 4 and 5 shall not apply to enterprises that previously qualified for the status of a micro, small or medium-sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
2021/06/24
Committee: ITRE
Amendment 348 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or disable access to specific items of information provided by the recipients of the service, irrespective of the means used for detecting, identifying or removing or disabling access to that information and of the reason for its decision, it shall inform the recipient, at the latest at the time of thewithout undue delay and at latest within 24 hours after such removaling or disabling of access, of the decision and provide a clear and specific statement of reasons for that decision.
2021/06/24
Committee: ITRE
Amendment 352 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point c
(c) where applicable, information on the use made of automated means in taking the decision, including where the decision was taken in respect of content detected or identified using automated means;
2021/06/24
Committee: ITRE
Amendment 358 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. Providers of hosting services shall publish the decisions and the statements of reasons, referred to in paragraph 1 in a publicly accessible database managed by the Commission. That information shall not contain personal data.deleted
2021/06/24
Committee: ITRE
Amendment 359 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 4 a (new)
4 a. Paragraphs 2, 3 and 4 shall not apply to providers of intermediary services that qualify as micro, small or medium- sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC. In addition, those paragraphs shall not apply to enterprises that previously qualified for the status of a micro, small or medium- sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
2021/06/24
Committee: ITRE
Amendment 360 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 4 b (new)
4 b. Providers of hosting services shall not be obliged to provide a statement of reasons referred to in paragraph 1 where doing so would infringe a legal obligation or where the statement of reasons could cause unintended safety concerns for the reporting party. In addition, providers of hosting services shall not be obliged to provide a statement of reasons referred to in paragraph 1 where the provider can demonstrate that the recipient of the service has repeatedly provided illegal content
2021/06/24
Committee: ITRE
Amendment 362 #

2020/0361(COD)

Proposal for a regulation
Article 15 a (new)
Article 15 a Protection against repeated misuse and criminal offences 1. Providers of intermediary services shall, after having issued a prior warning, suspend or in appropriate circumstances terminate the provision of their services to recipients of the service that frequently provide illegal content. 2. Where a provider of intermediary service becomes aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place, is taking place or is likely to take place, it shall promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all relevant information available. Where the provider of intermediary service cannot identify with reasonable certainty the Member State concerned, it shall inform the law enforcement authorities of the Member State in which it has its main establishment or has its legal representative and also transmit this information to Europol for appropriate follow-up.
2021/06/24
Committee: ITRE
Amendment 364 #

2020/0361(COD)

Proposal for a regulation
Article 16 – title
Exclusion for micro and small enterprise, small and medium- sized enterprises (SMEs) and closed online platforms
2021/06/24
Committee: ITRE
Amendment 369 #

2020/0361(COD)

Proposal for a regulation
Article 16 – paragraph 1
This Section shall not apply to online platforms that qualify as micro or small enterprises micro, small or medium-sized enterprise (SMEs) within the meaning of the Annex to Recommendation 2003/361/EC.
2021/06/24
Committee: ITRE
Amendment 372 #

2020/0361(COD)

Proposal for a regulation
Article 16 – paragraph 1 a (new)
This Section shall not apply to enterprises that previously qualified for the status of micro, small or medium-sized enterprise (SMEs) within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
2021/06/24
Committee: ITRE
Amendment 373 #

2020/0361(COD)

Proposal for a regulation
Article 16 – paragraph 1 b (new)
This Section shall not apply to online platforms offering products and services from third-party traders, which are established in the European Union, where these traders' access is exclusive, curated and entirely controlled by the providers of the online platform and these traders’ products and services are reviewed and pre-approved by the providers of the online platform before they are offered on the platform.
2021/06/24
Committee: ITRE
Amendment 388 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. Online platforms shall ensure that the decisions, referred to in paragraph 4, are not solely taken on the basis of automated means.deleted
2021/06/24
Committee: ITRE
Amendment 391 #

2020/0361(COD)

1. RAfter internal complaint handling mechanisms are exhausted, recipients of the service addressed by the decisions referred to in Article 17(1), shall be entitled to select any out-of- court dispute that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.
2021/06/24
Committee: ITRE
Amendment 417 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 7 a (new)
7 a. Online platforms shall, where possible, provide trusted flaggers with access to technical means that help them detect illegal content on a large scale.
2021/06/24
Committee: ITRE
Amendment 422 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, or in appropriate circumstances terminate, the provision of their services to recipients of the service that frequently provide manifestly illegal content.
2021/06/24
Committee: ITRE
Amendment 427 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints- handling systems referred to in Articles 14 and 17, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.
2021/06/24
Committee: ITRE
Amendment 430 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point a
(a) the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted in the past year;
2021/06/24
Committee: ITRE
Amendment 434 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. Online platforms shall set out, in a clear and detailed manner, their policy in respect of the misuse referred to in paragraphs 1 and 2 in their terms and conditions, including as regards the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension, and the circumstances in which they will terminate their services.
2021/06/24
Committee: ITRE
Amendment 437 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
2. Where the online platform cannot identify with reasonable certainty the Member State concerned, it shall inform the law enforcement authorities of the Member State in which it is has its main establishedment or has its legal representative or inform Europoland also transmit this information to Europol for appropriate follow-up.
2021/06/24
Committee: ITRE
Amendment 442 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with tradersprofessional traders on the platform, 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 from the trader the following information:
2021/06/24
Committee: ITRE
Amendment 448 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point c
(c) the bank account details of the trader, where the trader is a natural person;deleted
2021/06/24
Committee: ITRE
Amendment 450 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point d
(d) the name, address, telephone number and electronic mail address of the economic operator, within the meaning of Article 3(13) and Article 4 of Regulation (EU) 2019/1020 of the European Parliament and the Council51 or any relevant act of Union law; _________________ 51o the extent the contract relates to products that are subject to the Union Regulations listed in Article 4(5) of Regulation (EU) 2019/1020 of the European Parliament and the Council, the name, address, telephone number and electronic mail address of the economic operator, established in the Union, referred to in Article 4(1) of Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).r any relevant act of Union law;
2021/06/24
Committee: ITRE
Amendment 455 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, mtake reasonable effortseffective steps that would reasonably be taken by a diligent operator in accordance with a high industry standard of professional diligence to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is accurate, current and reliable through the use of independent and reliable sources including any freely accessible official online database or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources. The provider of intermediary services should require that traders promptly inform them of any changes to the information referred to in points (a), (d) and (e) and regularly repeat this verification process.
2021/06/24
Committee: ITRE
Amendment 462 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
3. Where the online platform obtains indications, through its effective steps that would reasonably be taken by a diligent operator under paragraph 2 or through Member States’ consumer authorities, that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate, out of date or incomplete, that platform shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.
2021/06/24
Committee: ITRE
Amendment 478 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point b
(b) the number of suspensions imposed pursuant to Article 20, distinguishing between suspensions enacted for the provision of manifestly illegal content, the submission of manifestly unfounded notices and the submission of manifestly unfounded complaints;
2021/06/24
Committee: ITRE
Amendment 500 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1 a (new)
With regard to requirements set out in points (b) and (c), providers of online advertising intermediaries must ensure the transmission of information held by them to recipients of the service.
2021/06/24
Committee: ITRE
Amendment 506 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 1
1. This Section shall apply to online platforms which provide their services to a number of average monthly active recipients of the service in the Union equal to or higher than 45 million, calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3 or where the operating model and nature of the platform is considered to constitute a systemic risk assessed calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3. This Section shall not apply to online platforms that qualify as micro, small or medium-sized enterprises (SMEs) within the meaning of the Annex to Recommendation 2003/361/EC. In addition, this Section shall not apply to enterprises that previously qualified for the status of a medium-sized, small or microenterprise within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
2021/06/24
Committee: ITRE
Amendment 510 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 3
3. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down a specific methodology for calculating the number of average monthly active recipients of the service in the Union or whether the operating model and nature of platform constitutes a systemic risk, for the purposes of paragraph 1. The methodology shall specify, in particular, how to determine the Union’s population and criteria to determine the average monthly active recipients of the service in the Union, taking into account different accessibility features, as well as how to determine whether operating model and size of platform is considered such as to constitute a systemic risk.
2021/06/24
Committee: ITRE
Amendment 511 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 3 a (new)
3 a. The delegated acts referred to in paragraph 3 shall base the methodology on the following criteria: a) the role of the online platform in facilitating public debate; b) the role, nature and volume of economic transactions on the online platform; c) the role of the online platform in disseminating information, opinions and ideas and in influencing how recipients of the service obtain and communicate information online; and d) the depth and scope of the societal risks posed by the platform, as well as the historical prevalence of illegal content on the service. Online platforms, regardless of the number of average monthly active recipients of their service in the Union, that pose a high systemic risk based on an assessment following the criteria outlined in this paragraph, shall be considered to be very large online platforms.
2021/06/24
Committee: ITRE
Amendment 512 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 4 – subparagraph 1
4. The Digital Services Coordinator of establishment shall verify, at least every six months, whether the number of average monthly active recipients of the service in the Union of online platforms under their jurisdiction is equal to or higher than the number referred to in paragraph 1, or whether the operating model and nature of platform constitutes a systemic risk. On the basis of that verification, it shall adopt a decision designating the online platform as a very large online platform for the purposes of this Regulation, or terminating that designation, and communicate that decision, without undue delay, to the online platform concerned and to the Commission.
2021/06/24
Committee: ITRE
Amendment 534 #

2020/0361(COD)

Proposal for a regulation
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;
2021/06/24
Committee: ITRE
Amendment 571 #

2020/0361(COD)

Proposal for a regulation
Article 27 a (new)
Article 27 a Mitigation of risks for the freedom of expression and freedom and pluralism of the media 1. Where specific systemic risks for the exercise of freedom of expression and freedom and pluralism of the media pursuant to Article 26(1)(b) emerge, very large online platforms shall ensure that the exercise of these fundamental rights is always adequately and effectively protected. 2. Very large online platforms shall ensure that their content moderation, their decision-making processes, the features or functioning of their services, their terms and conditions and recommender systems are objective, fair and non-discriminatory.
2021/06/24
Committee: ITRE
Amendment 582 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 2 – point a
(a) are independent from the very large online platform concerned; and have not provided any other service to the platform in the previous 12 months.
2021/06/24
Committee: ITRE
Amendment 584 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 2 – point c a (new)
(c a) have not audited the same very large online platform for more than 3 consecutive years.
2021/06/24
Committee: ITRE
Amendment 587 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point f
(f) where the audit opinion is not positive, operationalegative, recommendations on specific measures to achieve compliance and risk-based remediation timelines with a focus on rectifying issues that have the potential to cause most harm to users of the service as a priority.
2021/06/24
Committee: ITRE
Amendment 588 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point f a (new)
(f a) where the organisations that perform the audits do not have enough information to conclude an opinion due to the novelty of the issues audited, a relevant disclaimer.
2021/06/24
Committee: ITRE
Amendment 591 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 4 a (new)
4 a. Digital Services Coordinators shall provide very large online platforms under their jurisdiction with an annual audit plan outlining the key areas of focus for the upcoming audit cycle.
2021/06/24
Committee: ITRE
Amendment 602 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 1 a (new)
1 a. The parameters used in recommender systems shall always be fair and non-discriminatory.
2021/06/24
Committee: ITRE
Amendment 616 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. Very large online platforms that display advertising on their online interfaces shall compile and make publicly available through application programming interfaces a repository containing the information referred to in paragraph 2, for advertisements that have been seen by more than 5 000 recipients of the service and until one year after the advertisement was displayed for the last time on their online interfaces. They shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed.
2021/06/24
Committee: ITRE
Amendment 620 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 – point e
(e) the total number of recipients of the service reached and, where applicable, aggregate numbers for the group or groups of recipients to whom the advertisement was targeted specifically.
2021/06/24
Committee: ITRE
Amendment 139 #

2020/0340(COD)

Proposal for a regulation
Recital 6
(6) There are techniques enabling privacy-friendly analyses on databases that contain personal data, such as anonymisation, pseudonymisation, differential privacy, generalisation, oruse of synthetic data, suppression and, randomisation or other state-of-the-art privacy preserving methods. Application of these privacy-enhancing technologies, together with comprehensive data protection approaches 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 and supervised by the public sector. 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, the processing of personal data should rely upon one or more of the grounds for processing provided in Article 6 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).
2021/04/28
Committee: ITRE
Amendment 151 #

2020/0340(COD)

Proposal for a regulation
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, 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 and be empowered to request the necessary information from the re-user. 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 effort 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 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. 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 on the re-use of data pertaining to them through adequate technical means. In this respect, the public sector body should support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users, where practically feasible. No contact information should be given that allows re-users to contact data subjects or companies directly.
2021/04/28
Committee: ITRE
Amendment 162 #

2020/0340(COD)

Proposal for a regulation
Recital 15
(15) Furthermore, it isn order to preserve fair competition and an open market economy it is of utmost importantce to protect commercially sensitive data of non- personal nature, notably trade secrets, but also non-personal data representing content protected by intellectual property rights from unlawful access that may lead to IP theft or industrial espionage. In order to ensure the protection of fundamental rights or interests of data holders, non-personal data which is to be protected from unlawful or unauthorised access under Union or national law, and which is held by public sector bodies, should be transferred only to third-countries where appropriate safeguards for the use of data are provided. Such appropriate safeguards should be considered to exist when in that third- country there are equivalent measures in place which ensure that non-personal data benefits from a level of protection similar to that applicable by means of Union or national law in particular as regards the protection of trade secrets and the protection of intellectual property rights. To that end, the Commission may adopt implementingdelegated acts that declare that a third country provides a level of protection that is essentially equivalent to those provided by Union or national law. The assessment of the level of protection afforded in such third-country should, in particular, take into consideration the relevant legislation, both general and sectoral, including concerning public security, defence, national security and criminal law concerning the access to and protection of non-personal data, any access by the public authorities of that third country to the data transferred, the existence and effective functioning of one or more independent supervisory authorities in the third country with responsibility for ensuring and enforcing compliance with the legal regime ensuring access to such data, or the third countries’ international commitments regarding the protection of data the third country concerned has entered into, or other obligations arising from legally binding conventions or instruments as well as from its participation in multilateral or regional systems. The existence of effective legal remedies for data holders, public sector bodies or data sharing providers in the third country concerned is of particular importance in the context of the transfer of non-personal data to that third country. Such safeguards should therefore include the availability of enforceable rights and of effective legal remedies.
2021/04/28
Committee: ITRE
Amendment 167 #

2020/0340(COD)

Proposal for a regulation
Recital 16
(16) In cases where there is no implementingdelegated act adopted by the Commission in relation to a third country declaring that it provides a level of protection, in particular as regards the protection of commercially sensitive data and the protection of intellectual property rights, which is essentially equivalent to that provided by Union or national law, the public sector body should only transmit protected data to a re-user, if the re-user undertakes obligations in the interest of the protection of the data. The re-user that intends to transfer the data to such third country should commit to comply with the obligations laid out in this Regulation even after the data has been transferred to the third country. To ensure the proper enforcement of such obligations, the re- user should also accept the jurisdiction of the Member State of the public sector body that allowed the re-use for the judicial settlement of disputes.
2021/04/28
Committee: ITRE
Amendment 172 #

2020/0340(COD)

Proposal for a regulation
Recital 18
(18) In order to prevent unlawful access to non-personal data, public sector bodies, natural or legal persons to which the right to re-use data was granted, data sharing providers and entities entered in the register of recognised data altruism organisations should take all reasonable measures to prevent access to the systems where non-personal data is stored, including encryption of data, cybersecurity measures or corporate policies.
2021/04/28
Committee: ITRE
Amendment 178 #

2020/0340(COD)

Proposal for a regulation
Recital 19
(19) In order to build trust in re-use mechanisms, it may be necessary to attach stricter conditions for certain types of non- personal data that have been identified as highly sensitive, as regards the transfer to third countries, if such transfer could jeopardise public policy objectives, in line with international commitments. For example, in the health domain, certain datasets held by actors in the public health system, such as public hospitals, could be identified as highly sensitive health data. Other relevant sectors could be transport, energy, environment, telecommunications and finance. In order to ensure harmonised practices across the Union, such types of highly sensitive non-personal public data should be defined by Union law, for example in the context of the European Health Data Space or other sectoral legislation. The conditions attached to the transfer of such data to third countries should be laid down in delegated acts. Conditions should be proportionate, non- discriminatory and necessary to protect legitimate public policy objectives identified, such as the protection of public health, public order, safety, the environment, public morals, consumer protection, privacy and personal data protection. The conditions should correspond to the risks identified in relation to the sensitivity of such data, including in terms of the risk of the re- identification of individuals. These conditions could include terms applicable for the transfer or technical arrangements, such as the requirement of using a secure processing environment, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. In exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest.
2021/04/28
Committee: ITRE
Amendment 249 #

2020/0340(COD)

Proposal for a regulation
Recital 40
(40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, agriculture, transport and statistics). The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board. A data innovation advisory council should be established as a sub-group of the Board consisting of relevant representatives from industry, research, standardisation organisations and other relevant stakeholders. That council should support the work of the Board by providing advice relating to the exchange of data, and in particular on how to best protect commercially sensitive data of non-personal nature, notably trade secrets, but also non-personal data representing content protected by intellectual property rights from unlawful access that may lead to IP theft or industrial espionage.
2021/04/28
Committee: ITRE
Amendment 252 #

2020/0340(COD)

Proposal for a regulation
Recital 40
(40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, agriculture, transport and statistics) as well as representatives of academia, research and standard setting organisations, where relevant. The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board.
2021/04/28
Committee: ITRE
Amendment 255 #

2020/0340(COD)

Proposal for a regulation
Recital 40
(40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, energy, industrial manufacturing, agriculture, transport and statistics). The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board.
2021/04/28
Committee: ITRE
Amendment 262 #

2020/0340(COD)

Proposal for a regulation
Recital 41
(41) The Board should support the Commission in coordinating national practices and policies on the topics covered by this Regulation, and in supporting cross- sector data use by adhering to the European Interoperability Framework (EIF) principles and through the utilisation of European and international standards and specifications (such asincluding through the EU Multi-Stakeholder Platform for ICT Standardisation, the Core Vocabularies44 and the CEF Building Blocks45 ), without prejudice to standardisation work taking place in specific sectors or domains. Work on technical standardisation may include the identification of priorities for the development of standards and establishing and maintaining a set of technical and legal standards for transmitting data between two processing environments that allows data spaces to be organised without making recourse to an intermediary. The Board should cooperate with the Data Innovation Advisory Council, sectoral bodies, networks or expert groups, or other cross- sectoral organisations dealing with re-use of data. Regarding data altruism, the Board should assist the Commission in the development of the data altruism consent form, in consultation with the European Data Protection Board. _________________ 44 https://joinup.ec.europa.eu/collection/sema ntic-interoperability-community- semic/core-vocabularies 45 https://joinup.ec.europa.eu/collection/conn ecting-europe-facility-cef
2021/04/28
Committee: ITRE
Amendment 284 #

2020/0340(COD)

Proposal for a regulation
Article 1 – paragraph 2 a (new)
(2 a) This Regulation is without prejudice to Regulation (EU) 2016/679 of the European Parliament and of the Council, to Directive 2002/58/EC of the European Parliament and of the Council and Directive (EU) 2016/680 of the European Parliament and of the Council1a. This Regulation should in particular not be read as creating a new legal basis for the processing of personal data for any of the regulated activities. Its implementation should not prevent cross- border transfers of data in accordance with Chapter V of Regulation (EU) 2016/679 from taking place. _________________ 1aDirective (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)
2021/04/28
Committee: ITRE
Amendment 326 #

2020/0340(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10
(10) ‘data altruism’ means the consentvoluntary sharing of data 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 seeking or receiving a reward, for purposes of general interest, such as scientific research purposes, policy making or improving public services;
2021/04/28
Committee: ITRE
Amendment 336 #

2020/0340(COD)

Proposal for a regulation
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 ensuring compliance with applicable legislation 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.
2021/04/28
Committee: ITRE
Amendment 379 #

2020/0340(COD)

Proposal for a regulation
Article 5 – paragraph 4 – point a
(a) to access and re-use the data within a secure processing environment provided andor controlled by the public sector ;
2021/04/28
Committee: ITRE
Amendment 385 #

2020/0340(COD)

Proposal for a regulation
Article 5 – paragraph 5
(5) The public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used. The public sector body shall be able to verify any results of processing of data undertaken by the re- user and reserve the right, after giving the re-user the possibility to provide further information, to prohibit the use of results that contain information jeopardising the rights and interests of third parties.
2021/04/28
Committee: ITRE
Amendment 399 #

2020/0340(COD)

Proposal for a regulation
Article 5 – paragraph 9 – introductory part
(9) The Commission may adopt implementingdelegated acts declaring that the legal, supervisory and enforcement arrangements of a third country:
2021/04/28
Committee: ITRE
Amendment 402 #

2020/0340(COD)

Proposal for a regulation
Article 5 – paragraph 9 – subparagraph 1
Those implementingdelegated acts shall be adopted in accordance with the advisory procedure referred to in Article 29 (2)8.
2021/04/28
Committee: ITRE
Amendment 440 #

2020/0340(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point b
(b) providing technical support in the application of tested techniques ensuring data processing in a manner that preserves privacy of the information contained in the data for which re-use is allowed, including techniques for pseudonymisation, anonymisation, generalisation, suppression and, randomisation of personal data or other state-of-the-art privacy preserving methods;
2021/04/28
Committee: ITRE
Amendment 446 #

2020/0340(COD)

Proposal for a regulation
Article 7 – paragraph 5
(5) The Member States shall make public and communicate to the Commission the identity of the competent bodies designated pursuant to paragraph 1 by [date of application of this Regulation]. They shall also make public and communicate to the Commission any subsequent modification of the identity of those bodies.
2021/04/28
Committee: ITRE
Amendment 451 #

2020/0340(COD)

Proposal for a regulation
Article 8 – paragraph 2 a (new)
(2 a) The single information point may establish a separate, simplified and well- documented information channel for small and medium-sized enterprises (SMEs), addressing their needs and capabilities in requesting the re-use of the categories of data referred to in Article 3 (1).
2021/04/28
Committee: ITRE
Amendment 454 #

2020/0340(COD)

Proposal for a regulation
Article 8 – paragraph 3
(3) Requests for the re-use of the categories of data referred to in Article 3 (1) shall be granted or refused by the competent public sector bodies or the competent bodies referred to in Article 7 (1) within a reasonable time, and in any case within two months from the date of the request. In order to contribute to a consistent application of this Regulation the competent public sector bodies shall cooperate with each other, and where relevant with the Commission, when refusing requests for re-use of the categories of data referred to in Article 3 (1).
2021/04/28
Committee: ITRE
Amendment 459 #

2020/0340(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point b
(b) intermediation services between data subjects that seek to make their personal data available and potential data users, including making available the technical or other means to enable such services, in the exercise of the rights provided in Regulation (EU) 2016/679, in particular managing the data subjects’ consent to data processing;
2021/04/28
Committee: ITRE
Amendment 490 #

2020/0340(COD)

Proposal for a regulation
Article 10 – paragraph 9
(9) The competent authority shall notify the Commission of each new notification without delay and the Commission shall forward each notification to the national competent authorities of the Member States by electronic means. The Commission shall keep a register of providers of data sharing services.
2021/04/28
Committee: ITRE
Amendment 497 #

2020/0340(COD)

Proposal for a regulation
Article 10 – paragraph 10
(10) The competent authority may charge fees. Such fees shall be proportionate and objective and be based on the administrative costs related to the monitoring of compliance and other market control activities of the competent authorities in relation to notifications of data sharing services. The competent authority may also charge discounted fees or allow free of charge notification for small and medium-sized enterprises (SMEs).
2021/04/28
Committee: ITRE
Amendment 499 #

2020/0340(COD)

Proposal for a regulation
Article 10 – paragraph 11
(11) Where a provider of data sharing servicesdata intermediary ceases its activities, it shall notify the relevant competent authority determined pursuant to paragraphs 1, 2 and 3 within 15 days. The competent authority shall forward without delay each such notification to the Commission by electronic means. The Commission without delay shall forward each notification to the national competent authorities inof the Member States and to the Commission by electronic meansby electronic means and update the public register.
2021/04/28
Committee: ITRE
Amendment 519 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 8
(8) the providerdata intermediary shall take measures to ensure a high level of security, including state-of-the-art cybersecurity, for the storage and transmission of non- personal data; and the intermediary shall further ensure the highest level of security, including state-of-the-art cybersecurity, for the storage and transmission of competitively sensitive information; the data intermediary shall inform the competent authority without delay of any security breach that jeopardises the security of data.
2021/04/28
Committee: ITRE
Amendment 535 #

2020/0340(COD)

Proposal for a regulation
Article 12 – paragraph 3
(3) The designated competent authorities, the data protection authorities, the national competition authorities, the authorities in charge of cybersecurity, and other relevant sectorial authorities shall exchange the information which is necessary for the exercise of their tasks in relation to data sharing providers and ensure consistency of the decisions taken in application of this directive.
2021/04/28
Committee: ITRE
Amendment 675 #

2020/0340(COD)

Proposal for a regulation
Article 26 – paragraph 2
(2) Stakeholders and relevant third parties may be invitedThe Board shall establish a Data Innovation Advisory Council (the “Advisory Council”). The Advisory Council shall be composed of relevant representatives from industry, SMEs, research, standardisation organisations and other relevant stakeholders and third parties invited from all Member States to maintain geographically balanced representativeness. The Advisory Council shall nominate a representative to attend meetings of the Board and to participate in its work.
2021/04/28
Committee: ITRE
Amendment 693 #

2020/0340(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point b a (new)
(b a) to advise and assist the Commission in developing consistent guidelines on how to best protect, in the context of this Regulation, commercially sensitive data of non-personal nature, notably trade secrets, but also non- personal data representing content protected by intellectual property rights from unlawful access that may lead to IP theft or industrial espionage.
2021/04/28
Committee: ITRE
Amendment 708 #

2020/0340(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point e
(e) to facilitate the cooperation between national competent authorities, the Commission and other European and international bodies under this Regulation through capacity- building and the exchange of information, in particular by establishing methods for the efficient exchange of information relating to the notification procedure for data sharing service providers and the registration and monitoring of recognised data altruism organisations.
2021/04/28
Committee: ITRE
Amendment 120 #

2020/0322(COD)

Proposal for a regulation
Recital 6
(6) TIn line with the "One Health" and "Health in all policies" approaches, the protection of human health is a matter which has a cross-cutting dimension and is relevant to numerous Union policies and activities. The Union should urge Member States to implement the health-specific country-specific recommendations and support Member States to strengthen the resilience, responsiveness and readiness of healthcare systems in order to address future challenges, including pandemics. In order to achieve a high level of human health protection, and to avoid any overlap of activities, duplication or conflicting actions, the Commission, in liaison with the Member States, should ensure coordination and exchange of information between the mechanisms and structures established under this Regulation, and other mechanisms and structures established at Union level and under the Treaty establishing the European Atomic Energy Community (the Euratom Treaty), the activities of which are relevant to the preparedness and response planning, monitoring, early warning of, and combating serious cross-border threats to health. In particular, the Commission should ensure that relevant information from the various rapid alert and information systems at Union level and under the Euratom Treaty is gathered and communicated to the Member States through the Early Warning and Response System (‘EWRS’) set up by Decision No 2119/98/EC.
2021/04/30
Committee: ENVI
Amendment 133 #

2020/0322(COD)

Proposal for a regulation
Recital 7
(7) Prevention, preparedness and response planning are essential elements for effective monitoring, early warning of and combatting serious cross-border threats to health. As such, a Union health crisis and pandemic preparedness plan needs to be established by the Commission and approved by the HSC. This should be coupled with updates to Member States’ prevention, preparedness and response plans so as to ensure they are compatible within the regional level structures. To support Member States in this endeavour, targeted training and knowledge exchange activitiParticular attention must be paid to cross- border regions. To support Member States in this endeavour, the Commission and Union agencies should provide targeted training and facilitate the sharing of best practices for healthcare staff and public health staff should be providedto improve their knowledge and ensure necessary skills should be provided by the Commission and Union Agencies. To ensure the putting into operation and the running of these plans, the Commission should conduct stress tests, exercises and in-action and after-action reviews with Member States. These plans should be coordinated, be functional and updated, and have sufficient resources for their operationalisation. Following stress tests and reviews of the plans, corrective actions should be implemented and the Commission should be kept informed of all updates.
2021/04/30
Committee: ENVI
Amendment 135 #

2020/0322(COD)

Proposal for a regulation
Recital 7 a (new)
(7 a) Experience from the ongoing COVID-19 crisis has demonstrated that there is a need for a further firmer action at Union level to support cooperation and coordination among the Member States, in particular between neighbouring border regions. The national plans of Member States sharing a border with at least one other Member State must therefore include plans to improve the preparedness, prevention and response to health crises in border areas in neighbouring regions, including through mandatory cross-border training for healthcare staff and coordination exercises for the medical transfer of patients. The Commission should regularly report on the state of play of cross-border crisis preparation in neighbouring regions.
2021/04/30
Committee: ENVI
Amendment 152 #

2020/0322(COD)

Proposal for a regulation
Recital 9
(9) As serious cross-border threats to health are not limited to Union borders, the Union should adopt a coordinated approach in fighting against such threats. The joint procurement of medical countermeasures should, therefore, be extended to include European Free Trade Association States and Union candidate countries, in accordance with the applicable Union legislation. The Joint Procurement Agreement, determining the practical arrangements governing the joint procurement procedure established under Article 5 of Decision No 1082/2013/EU, should also be adapted to include an exclusivity clause regarding negotiation and procurement for participating countries in a joint procurement procedure, to allow for better coordination within the EU. In times of crisis, the Union should also aim to support access to medical countermeasures for Eastern Partnership and low- and middle-income countries. The Commission should ensure coordination and information exchange between the entities organizing any action under different mechanisms established under this Regulation and other relevant Union structures related to procurement and stockpiling of medical countermeasures, such as the strategic rescEU reserve under Decision No 1313/2013/EU of the European Parliament and of the Council16 . The Member States should ensure a sufficient reserve of critical medical products at Member State level to counter the risk of shortages of critical products. _________________ 16Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).
2021/04/30
Committee: ENVI
Amendment 163 #

2020/0322(COD)

Proposal for a regulation
Recital 9 a (new)
(9 a) Joint procurement should be based on shared responsibilities and a fair approach for all parties involved, both relevant authorities and manufacturers. Clear commitments should be ensured and respected for all parties involved, from the manufacturers to deliver on the production, and from the authorities to purchase their agreed reserved volumes;
2021/04/30
Committee: ENVI
Amendment 167 #

2020/0322(COD)

Proposal for a regulation
Recital 9 b (new)
(9 b) The joint procurement shall be carried in a transparent, timely and effective way to prevent market disruption and to ensure all actors involved shall fulfil their contractual responsibilities. Clear and transparent stages should be defined for the process, scope, specifications, timelines and formalities;
2021/04/30
Committee: ENVI
Amendment 173 #

2020/0322(COD)

Proposal for a regulation
Recital 10
(10) Unlike for communicable diseases, the surveillance of which at Union level is carried out on a permanent basis by the ECDC, other potentially serious cross- border threats to health do not currently necessitate monitoring by EU Agencies. A risk-based approach, whereby monitoring is carried out by Member States and available information is exchanged through EWRS, is therefore more appropriate for such threats. Nevertheless, the ECDC should have the ability to monitor the impact of communicable diseases on non- communicable diseases, including the continuity of screening, diagnosis, monitoring, treatment and care in the healthcare system;
2021/04/30
Committee: ENVI
Amendment 176 #

2020/0322(COD)

Proposal for a regulation
Recital 11
(11) The Commission should strengthen cooperation and activities with the Member States, the ECDC, the European Medicines Agency (‘EMA’), other Union Agencies, research infrastructures and the WHO to improve the prevention of communicable diseases, such as vaccine preventable diseases, as well as other health issues, such as antimicrobial resistance. In times of crisis, particular attention should also be paid to the continuity of screening, diagnosis, monitoring, treatment and care for other diseases and conditions, and to the mental health implications of the crisis and psychosocial needs of the population.
2021/04/30
Committee: ENVI
Amendment 188 #

2020/0322(COD)

Proposal for a regulation
Recital 13 a (new)
(13 a) Regular dialogue and exchange of information between authorities, industry, relevant entities of the pharmaceutical supply chain, healthcare professionals' and patients' organizations should also be ensured to start early discussions about expected potential serious cross-border threats to health in the market by way of sharing expected supply constraints or raising of specific clinical needs, allowing better coordination, synergies and appropriate reaction when needed.
2021/04/30
Committee: ENVI
Amendment 199 #

2020/0322(COD)

Proposal for a regulation
Recital 18
(18) The recognition of public health emergency situations and the legal effects of this recognition provided by Decision No 1082/2013/EU should be broadened. To this end, this Regulation should allow for the Commission to formally recognise a public health emergency at Union level. In order to recognise such an emergency situation, the Commission should establish an independent advisory committee that will provide expertise on whether a threat constitutes a public health emergency at Union level, and advise on public health response measures and on the termination of this emergency recognition. The advisory committee should consist of independent experts and representatives of health and care workers, including nurses and medical doctors, selected by the Commission from the fields of expertise and experience most relevant to the specific threat that is occurring, representatives of the ECDC, of the EMA, and of other Union bodies or agencies as observers. All members of the Advisory Committee should provide declarations of interest in line with the applicable rules in each case. The advisory committee should work in close cooperation with national advisory bodies. Recognition of a public health emergency at Union level will provide the basis for introducing operational public health measures for medical products and medical devices, Union export control mechanisms, flexible mechanisms to develop, procure, manage and deploy medical countermeasures as well as the activation of support from the ECDC to mobilise and deploy outbreak assistance teams, known as ‘EU Health Task Force’.
2021/04/30
Committee: ENVI
Amendment 209 #

2020/0322(COD)

Proposal for a regulation
Recital 21 a (new)
(21 a) The Commission and the Member States should actively work towards a new global treaty for pandemic preparedness and response under the framework of the World Health Organization and with close involvement of other relevant organizations, building on and improving the existing global health instruments, especially the International Health Regulations (2005)1a to ensure a firm and tested foundation. Such a Treaty should support and focus on strengthening the international health framework and improving cooperation with regard to early detection, prevention, response and resilience to future pandemics. _________________ 1aWorld Health Organization. International Health Regulation (IHR, 2005) https://www.who.int/ihr/publications/9789 241596664/en/
2021/04/30
Committee: ENVI
Amendment 225 #

2020/0322(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. TIn keeping with "One Health" and "Health in all policies approaches", the implementation of this Regulation shall be supported by funding from relevant Union programmes and instruments. The strengthened Union health framework addressing serious cross-border health threats shall work in synergy with and in a manner that is complementary to other Union policies and funds, such as actions implemented under the ESIF, Horizon Europe, the Digital Europe Programme, rescEU, ESI, ESF+ and SMP.
2021/04/30
Committee: ENVI
Amendment 235 #

2020/0322(COD)

Proposal for a regulation
Article 2 – paragraph 2
2. This Regulation shall also apply to the epidemiological surveillance of communicable diseases and of related special health issue, the surveillance of the impact of such diseases on non- communicable diseases and of related special health issues, such as mental health impacts of the crisis and the impact of deferred screening, diagnosis, monitoring, treatment and care for other diseases and conditions.
2021/04/30
Committee: ENVI
Amendment 281 #

2020/0322(COD)

Proposal for a regulation
Chapter II – title
II PREVENTION, PREPAREDNESS AND RESPONSE PLANNING
2021/04/30
Committee: ENVI
Amendment 293 #

2020/0322(COD)

Proposal for a regulation
Article 5 – paragraph 3 – point b a (new)
(b a) the mapping of the strategic production capacities for the Union as a whole;
2021/04/30
Committee: ENVI
Amendment 295 #

2020/0322(COD)

Proposal for a regulation
Article 5 – paragraph 3 – point c a (new)
(c a) the continuity of screening, diagnosis, monitoring, treatment and care for other diseases and conditions during health emergencies;
2021/04/30
Committee: ENVI
Amendment 308 #

2020/0322(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. The Union preparedness and response plan shall include cross-border and interregional preparedness elementplans to establish coherent, multi-sectoral, cross- border public health measures, in particular considering capacities for testing, contact tracing, laboratories, training of healthcare staff and specialised treatment or intensive care across neighbouring regions. The plans shall include preparedness and response means to address the situation of those citizens with higher risks.
2021/04/30
Committee: ENVI
Amendment 330 #

2020/0322(COD)

Proposal for a regulation
Article 7 – paragraph 1 – introductory part
1. Member States shall by the end of November 2021 and every 2 years thereafter provide the Commission with a report on their preparedness and response planning and implementation at national and, where appropriate, regional and cross-border levels.
2021/04/30
Committee: ENVI
Amendment 341 #

2020/0322(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point b – point i
(i) governance: including national policies and legislation that integrate emergency preparedness; plans for emergency preparedness, response and recovery at national and, where relevant, regional and cross-border levels; coordination mechanisms;
2021/04/30
Committee: ENVI
Amendment 348 #

2020/0322(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point b – point ii
(ii) capacities: including assessments of risks and capacities to determine priorities for emergency preparedness; surveillance and early warning, information management; access to diagnostic serviceinformation relevant for the internal market and Union strategic reserves of medical products, including national stockpiles and capacities to contribute to the security of supply of critical medical products at Union level; equal access to diagnostic services and tools and medical products during emergencies; the continuity of screening, diagnosis, monitoring, treatment and care for other diseases and conditions during emergencies; basic and safe gender- sensitive health and emergency services; risk communications; research development and evaluations to inform and accelerate emergency preparedness;
2021/04/30
Committee: ENVI
Amendment 359 #

2020/0322(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point b – point iii
(iii) resources: including financial resources for emergency preparedness and contingency funding for response; logistics mechanisms and essential supplies for health; a reserve of critical medical products at Member State level; and dedicated, trained and equipped human resources for emergencies; and
2021/04/30
Committee: ENVI
Amendment 363 #

2020/0322(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point b – point iii a (new)
(iii a) pandemic stockpile/strategic stockpile: each State shall provide information on the number and availability of medical countermeasures and other essential medicines and medical devices for the control of the threats set out in Article2(1), as well as the capacity for their safekeeping and storage. In order to have a greater response capacity, storage shall be carried out in the premises and centres closest and most accessible to the population centres, which meet the necessary requirements to provide the service in accordance with the regulations applicable to medicinal products, medical devices and other medical countermeasures.
2021/04/30
Committee: ENVI
Amendment 364 #

2020/0322(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point c
(c) implementation of national response plans, including where relevant implementation at the regional and local levels, covering epidemic response; antimicrobial resistance, health care associated infection, mental health impacts, the continuity of screening, diagnosis, monitoring, treatment and care for other diseases and conditions, and other specific issues.
2021/04/30
Committee: ENVI
Amendment 369 #

2020/0322(COD)

Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
TFor Member States sharing a border with at least one other Member State, the report shall include, whenever relevant, cross-border and interregional preparedness and response elements in line with the Union and national plans, covering in particular the existing capplans with neighbouring regions including coordination mechanisms for all elements under paragraphs 1 (a), (b) and (c), cross-border training and sharing of best pracitices, resources and coordination mechanisms across neighbouring region for healthcare staff and public health staff and coordination mechanisms for the medical transfer of patients.
2021/04/30
Committee: ENVI
Amendment 396 #

2020/0322(COD)

Proposal for a regulation
Article 9 – paragraph 1 a (new)
1 a. The Commission report shall include the state of cross-border preparedness and response planning in neighbouring regions.
2021/04/30
Committee: ENVI
Amendment 414 #

2020/0322(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
1 a. The Commission and the Member States shall, where relevant, conduct a dialogue with relevant stakeholders, including health and care workers organizations, industry and supply chain stakeholders, and patients organizations;
2021/04/30
Committee: ENVI
Amendment 420 #

2020/0322(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
The Commission shall organise those activities in cooperation with the Member States concerned or potentially concerned. In cross-border regions, mandatory joint cross-border training and sharing of best practices for healthcare staff and public health staff shall be organised.
2021/04/30
Committee: ENVI
Amendment 433 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. The Commission and any Member States which so desire may engage in a joint procurement procedure conducted pursuant to Article 165(2) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council29 with a view to the advance purchase of medical countermeasures for serious cross-border threats to health within a reasonable time frame. _________________ 29Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
2021/04/30
Committee: ENVI
Amendment 452 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point d a (new)
(d a) Joint procurement shall be based on shared responsibilities and a fair approach for all parties involved, both relevant authorities and manufacturers. Clear commitments shall be ensured and respected for all parties involved, from the manufacturers to deliver on the production, and from the authorities to purchase their agreed reserved volumes;
2021/04/30
Committee: ENVI
Amendment 456 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point d b (new)
(d b) the joint procurement shall be carried in a transparent, timely and effective way to prevent market disruption and to ensure all actors involved shall fulfil their contractual responsibilities. Clear and transparent stages should be defined for the process, scope, specifications, timelines and formalities;
2021/04/30
Committee: ENVI
Amendment 472 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 3 a (new)
3 a. The Union shall strive to also support access to counter-measures for Eastern Partnership and low- and middle- income countries.
2021/04/30
Committee: ENVI
Amendment 478 #

2020/0322(COD)

Proposal for a regulation
Article 13 – paragraph 2 – point b a (new)
(b a) monitor the impact of communicable diseases on the continuity of screening, diagnosis, monitoring, treatment and care for other diseases and conditions;
2021/04/30
Committee: ENVI
Amendment 479 #

2020/0322(COD)

Proposal for a regulation
Article 13 – paragraph 2 – point b b (new)
(b b) monitor the impact of communicable diseases on mental health;
2021/04/30
Committee: ENVI
Amendment 482 #

2020/0322(COD)

Proposal for a regulation
Article 13 – paragraph 2 – point e
(e) contribute to the assessment of the burden of communicable diseases on the population using such data as disease prevalence, complications, hospitalisation and mortality, the mental health impact and deferred screening, diagnosis, monitoring, treatment and care for other diseases and conditions;
2021/04/30
Committee: ENVI
Amendment 486 #

2020/0322(COD)

Proposal for a regulation
Article 13 – paragraph 2 – point h a (new)
(h a) identify any weakness in the global supply chain involved in the production and manufacturing of medical countermeasures needed for the prevention, diagnosis, treatment and follow up of communicable diseases;
2021/04/30
Committee: ENVI
Amendment 494 #

2020/0322(COD)

Proposal for a regulation
Article 13 – paragraph 3 – point f a (new)
(f a) information on the availability of medical countermeasures needed for the prevention, diagnosis, treatment and follow up of the disease.
2021/04/30
Committee: ENVI
Amendment 504 #

2020/0322(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. The ECDC shall ensure the further development of the digital platform through which data are managed and automatically exchanged, to establish integrated and interoperable surveillance systems enabling real-time surveillance where appropriate, for the purpose of supporting communicable disease prevention and control. Human oversight should be ensured.
2021/04/30
Committee: ENVI
Amendment 565 #

2020/0322(COD)

Proposal for a regulation
Article 19 – paragraph 3 – point i a (new)
(i a) the existing and potential production sites, with the sole aim of allowing the Union to map the strategic production capacities for the Union as a whole;
2021/04/30
Committee: ENVI
Amendment 566 #

2020/0322(COD)

Proposal for a regulation
Article 19 – paragraph 3 – point j
(j) requests and offers for cross-border emergency assistance; , such as the medical transfer of patients or provision of healthcare staff by one Member State to another, in particular in cross-border areas in neighbouring regions;
2021/04/30
Committee: ENVI
Amendment 581 #

2020/0322(COD)

Proposal for a regulation
Article 21 – paragraph 1 – point b
(b) risk and crisis communication, to be adapted to Member State needs and circumstances, aimed at providing consistent and coordinated information in the Union to the public and to healthcare professionals. In addition, the Commission shall broaden its communication activity to cover the general public by establishing and managing a portal to share verified information and fight against disinformation;
2021/04/30
Committee: ENVI
Amendment 593 #

2020/0322(COD)

Proposal for a regulation
Article 21 – paragraph 3
3. Where a Member State has to adopt, as a matter of urgency, public health measures in response to the appearance or resurgence of a serious cross-border threat to health, it shall, immediately upon adoption, inform the other Member States and relevant regional authorities and the Commission on the nature, purpose and scope of those measures, especially in cross-border regions.
2021/04/30
Committee: ENVI
Amendment 613 #

2020/0322(COD)

(ii) identification and mitigation of significant gaps, inconsistencies or inadequacies in measures taken or to be taken to contain and manage the specific threat and overcome its impact, including in clinical management and treatment, non- pharmaceutical countermeasures, global supply chain involved in the production and manufacturing of medical countermeasures needed for the prevention, diagnosis, treatment and follow-up of the disease concerned and public health research needs;
2021/04/30
Committee: ENVI
Amendment 619 #

2020/0322(COD)

Proposal for a regulation
Article 24 – paragraph 2
2. The Advisory Committee shall be composed of independent experts and representatives of health and care workers, selected by the Commission according to the fields of expertise and experience most relevant to the specific threat that is occurring. The Committee should have multidisciplinary membership so it can advise on sanitary, biomedical, behavioural, social, economic, cultural and international aspects. The representatives of the ECDC and of the EMA participate as observers in the Advisory Committee. The representatives of other Union bodies or agencies relevant to the specific threat shall participate as observers in this Committee as necessary. The Commission may invite experts with specific expertise with respect to a subject matter on the agenda to take part in the work of the Advisory Committee on an ad- hoc basis.
2021/04/30
Committee: ENVI
Amendment 625 #

2020/0322(COD)

Proposal for a regulation
Article 24 – paragraph 2 a (new)
2 a. All members of the Advisory Committee shall provide declarations of interest in line with the applicable rules in each case.
2021/04/30
Committee: ENVI
Amendment 633 #

2020/0322(COD)

Proposal for a regulation
Article 25 – paragraph 1 – point b
(b) mechanisms to monitor shortages of, develop, procure, ensure security of supply, manage and deploy medical countermeasures;
2021/04/30
Committee: ENVI
Amendment 634 #

2020/0322(COD)

Proposal for a regulation
Article 25 – paragraph 1 – point c a (new)
(c a) A Union export control mechanism with the aim of enabling the Union to guarantee timely and effective access to counter-measures.
2021/04/30
Committee: ENVI
Amendment 637 #

2020/0322(COD)

Proposal for a regulation
Article 26 – paragraph 5
5. Personal data may also be exchanged in the context of automated contact tracing, using contact tracing applications, in full compliance with the Regulation (EU) 20176/679 ('GDPR').
2021/04/30
Committee: ENVI
Amendment 199 #

2020/0321(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point c
(c) develop streamlined electronic monitoring and reporting systems, building upon EU telematics regulatory infrastructure, SPOR, into national shortage reporting interoperable system, preventing reporting duplication, using international standards (ISO IDMP) and supporting mutual cooperation of the Agency and National Competent Authorities and via iSPOC with Marketing Authorisation Holders;
2021/03/26
Committee: ITRE
Amendment 204 #

2020/0321(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point e
(e) establish and maintain a list of single points of contact from marketing authorisation holders for all medicinal products for human use authorised in the Union, through the database provided for in Article 57(1)(l) of Regulation 726/2004 after updating it by including the industry single point of contacts (iSPOC) maintaining compliance with ISO IDMP;
2021/03/26
Committee: ITRE
Amendment 210 #

2020/0321(COD)

Proposal for a regulation
Article 9 – paragraph 3 – introductory part
3. The information referred to in point (b) of paragraph 2, without duplicating information available to the Agency via collection of information submitted by industry to the national competent authority shortages systems, shall include at least:
2021/03/26
Committee: ITRE
Amendment 280 #

2020/0321(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point d a (new)
(d a) develop IT tools interoperable with harmonized shortages reporting systems of National Competent Authorities (NCAs) by building on the existing digital regulatory infrastructure and ongoing projects on data management and implement AI technics to among others forecast crisis development, prepare responses and proactively initiate optimisation of resources management.
2021/03/26
Committee: ITRE
Amendment 325 #

2020/0321(COD)

Proposal for a regulation
Article 3 – paragraph 3
3. The Medicines Steering Group shall be chaired by the Agency. The Chair mayshall invite third parties, including representatives of medicinal product interest groups and, marketing authorisation holders to attend its meetingand other representatives of the pharmaceutical supply chain to attend its meetings and actively participate in the dialog with the authorities.
2021/04/28
Committee: ENVI
Amendment 373 #

2020/0321(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Following a request for assistance referred to in Article 4(3) and after consultation of its working party, themedicinal product interest groups and supply chain stakeholders, in time adequate to the major event, Medicines Steering Group shall adopt a list of medicinal products authorised in accordance with Directive 2001/83/EC or Regulation (EC) No 726/2004 which it considers as critical during the major event (‘the major event critical medicines list ’). The list shall be updated whenever necessary until the major event has been sufficiently addressed.
2021/04/28
Committee: ENVI
Amendment 455 #

2020/0321(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point c
(c) develop streamlined electronic monitoring and reporting systems, building upon EU telematics regulatory infrastructure, SPOR, into national shortage reporting interoperable system, based on national harmonised data fields and definitions across Member States, preventing reporting duplication, using international standards (ISO IDMP) and supporting mutual cooperation of the Agency and national competent authorities and via iSPOC with marketing authorisation holders;
2021/04/28
Committee: ENVI
Amendment 458 #

2020/0321(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point e
(e) establish and maintain a list of single points of contact from marketing authorisation holders for all medicinal products for human use authorised in the Union, through the database provided for in Article 57(1)(l) of Regulation 726/2004 after updating it by including the industry single point of contacts (iSPOC)maintaining compliance with ISO IDMP;
2021/04/28
Committee: ENVI
Amendment 473 #

2020/0321(COD)

Proposal for a regulation
Article 9 – paragraph 3 – introductory part
3. The information referred to in point (b) of paragraph 2, without duplicating information available to the Agency via collection of information submitted by industry to the national competent authority shortages systems, shall include at least:
2021/04/28
Committee: ENVI
Amendment 619 #

2020/0321(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point d a (new)
(da) develop IT tools interoperable with harmonized shortages reporting systems of National Competent Authorities (NCAs) by building on the existing digital regulatory infrastructure and ongoing projects on data management and implement AI technics to among others forecast crisis development, prepare responses and proactively initiate optimisation of resources management.
2021/04/28
Committee: ENVI
Amendment 144 #

2020/0102(COD)

Proposal for a regulation
Recital 6
(6) While Member States are responsible for their health policies, they are expected to protect public health in a spirit of European solidarity8 . Experience from the ongoing COVID-19 crisis has demonstrated that there is a need for a further firm action at Union level to support cooperation and coordination among the Member States and all relevant stakeholders, public, private and civil society, in a structured, regular, manner in order to improve the prevention and control of the spread of severe human diseases across borders, to combat other serious cross- border threats to health and to safeguard the health and well-being of people in the Union. __________________ 8 Communication to the European Parliament, the European Council, the Council, the European Central Bank, the European Investment Bank and the Eurogroup on coordinated economic response to the COVID-19 outbreak, COM(2020)112 final of 13.03.220.
2020/07/16
Committee: ENVI
Amendment 173 #

2020/0102(COD)

Proposal for a regulation
Recital 10
(10) Due to the serious nature of cross- border health threats, the Programme should support coordinated public health measures at Union level to address different aspects of such threats. With a view to strengthen the capability in the Union to prepare for, respond to and manage health crisis the Programme should provide support to the actions taken in the framework of the mechanisms and structures established under Decision No 1082/2013/EU of the European Parliament and of the Council10 and other relevant mechanisms and structures established at Union level. This could include strategic, EU financed and coordinated, stockpiling of essential medical supplies or capacity building in crisis response, preventive measures related to vaccination and immunisation, strengthened surveillance programmes. In this context the Programme should foster Union-wide and cross-sectoral crisis prevention, preparedness, surveillance, management and response capacity of actors at the Union, national, regional and local level, including contingency planning and preparedness exercises, in keeping with the “One Health” approach. It should facilitate the setting up of an integrated cross-cutting risk communication framework working in all phases of a health crisis - prevention, preparedness and response. __________________ 10Decision No 1082/2013/EU of the European Parliament and of the Council of 22 October 2013 on serious cross-border threats to health and repealing Decision No 2119/98/EC (OJ L 293, 5.11.2013, p. 1).
2020/07/16
Committee: ENVI
Amendment 229 #

2020/0102(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) Effective use of Information Technology systems, including AI, in full respect of EU data protection and privacy legal framework, is key to improve regulatory efficiency across Europe; it is also necessary to optimize the European regulatory framework by harmonising regulatory telematics projects with a focus on data quality, interoperability and interdependency of the European regulatory framework, and to ensure a fit for purpose regulatory environment that is a key element to protect public health, provide access to high quality medicines and contribute to the prevention of shortages.
2020/07/16
Committee: ENVI
Amendment 348 #

2020/0102(COD)

Proposal for a regulation
Recital 22
(22) The Programme should therefore support actions to monitdevelop a single pan- European monitoring, reporting and notification system for shortages of medicines, medical devices and other healthcare products to avoid fragmentation of the single market and to ensure greater availability and affordability of those products while limiting the dependency of their supply chains on third countries. In particular, in order to address unmet medical needs, the Programme should provide support to clinical trials so as to speed up the development, authorisation and access to innovative and effective medicines, promote incentives to develop such medicinal products as antimicrobials and foster the digitial transformation of healthcare products and platforms for unified pan- European monitoring and collecting information on medicines.
2020/07/16
Committee: ENVI
Amendment 507 #

2020/0102(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 1 a (new)
(1a) create and develop a EU Platform for shortages, based on one harmonised data-collection model and national reporting systems of shortages interoperability, including the full implementation of an effective EU telematics infrastructure that will link data on medicine and supply chain data through interconnection of SPOR and FMD system;
2020/07/16
Committee: ENVI
Amendment 512 #

2020/0102(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 1 b (new)
(1b) modernise and digitalise the EU regulatory Network at European and national level;
2020/07/16
Committee: ENVI
Amendment 663 #

2020/0102(COD)

Proposal for a regulation
Annex I – point a – point ii a (new)
(iia) Development of a single pan- European digital mechanism for better reporting, notifying and monitoring of potential shortages, by starting from supporting the implementation of a European common data repository and interconnection between regulatory information on medicines, contained in SPOR, with supply chain data, in FMD system, in all Member States;
2020/07/16
Committee: ENVI
Amendment 672 #

2020/0102(COD)

Proposal for a regulation
Annex I – point c – point i
(i) Surveys, studies, centralized and accessible collection of data and statistics, methodologies, classifications, microsimulations, pilots, indicators, knowledge brokering and benchmark exercises;
2020/07/16
Committee: ENVI
Amendment 684 #

2020/0102(COD)

Proposal for a regulation
Annex I – point c – point iii
(iii) Expert groups and panels, including all relevant stakeholders, providing advice, evaluation, data and information to support health policy development and implementation;
2020/07/16
Committee: ENVI
Amendment 688 #

2020/0102(COD)

Proposal for a regulation
Annex I – point c – point iii a (new)
(iiia) Setting up and management of a High Level Pharmaceuticals Forum at political level composed of authorities and relevant healthcare stakeholders to define priorities and concrete measures to be implemented at technical level;
2020/07/16
Committee: ENVI
Amendment 696 #

2020/0102(COD)

Proposal for a regulation
Annex I – point c – point iv
(iv) Studies and analysis, and scientific advice to support policymaking, and support to the scientific committees on "Consumer Safety" and on "Health, Environmental and Emerging Risks". and on "Healthcare systems performance"
2020/07/16
Committee: ENVI
Amendment 703 #

2020/0102(COD)

Proposal for a regulation
Annex I – point d – introductory part
(d) DEvaluation, development and implementation of Union health legislation and action, in particular through support to:
2020/07/16
Committee: ENVI
Amendment 718 #

2020/0102(COD)

Proposal for a regulation
Annex I – point d – point iv
(iv) Development and, operation and maintenance of databases and digital tools and their interoperability, including already established project such as creation of a central common repository for all medicines in Europe and SPOR implementation, including where appropriate with other sensing technologies, such as space-based;
2020/07/16
Committee: ENVI
Amendment 723 #

2020/0102(COD)

Proposal for a regulation
Annex I – point d – point v
(v) Auditing and, assessment and inspection work in accordance with Union legislation;
2020/07/16
Committee: ENVI
Amendment 734 #

2020/0102(COD)

Proposal for a regulation
Annex I – point d – point xi a (new)
(xia) effective public communication, awareness campaigns and stakeholder-led projects, including prevention and fight to disinformation;
2020/07/16
Committee: ENVI
Amendment 751 #

2020/0102(COD)

Proposal for a regulation
Annex I – point e – point iv
(iv) Procurement of goods and services, including MEAT criteria, necessary for the prevention and management of health crises and action to secure access to those essential goods and services;
2020/07/16
Committee: ENVI
Amendment 788 #

2020/0102(COD)

Proposal for a regulation
Annex I – point f – point viii a (new)
(viiia) Actions to secure continuity of care and treatment, in particular of chronic conditions during health crisis;
2020/07/16
Committee: ENVI
Amendment 814 #

2020/0102(COD)

Proposal for a regulation
Annex I – point g – point ix
(ix) Support the establishment and implementation of programmesnational and pan- European programmes, in particular utilising digital solutions, assisting Member States and their action to improve health promotion and disease prevention (for communicable and non-communicable diseases) in hospitals and communities;
2020/07/16
Committee: ENVI
Amendment 829 #

2020/0102(COD)

Proposal for a regulation
Annex I – point g – point xi a (new)
(xia) Support the development and implementation of programmes assisting Member States to improve their generic and biosimilar use to increase healthcare system efficiency;
2020/07/16
Committee: ENVI
Amendment 883 #

2020/0102(COD)

Proposal for a regulation
Annex I – point h – point v a (new)
(va) Actions supporting access to the effective European standard of cancer treatment and care across all Member States;
2020/07/16
Committee: ENVI
Amendment 914 #

2020/0102(COD)

Proposal for a regulation
Annex I – point h – point x a (new)
(xa) Promote use of MEAT criteria in procurement mechanisms to enhance safe and timely usage of generic and biosimilar medicines in cancer care;
2020/07/16
Committee: ENVI
Amendment 922 #

2020/0102(COD)

Proposal for a regulation
Annex I – point h – point x b (new)
(xb) actions to promote health and safety for healthcare workers involved in cancer treatment;
2020/07/16
Committee: ENVI
Amendment 955 #

2020/0102(COD)

Proposal for a regulation
Annex I – point i – point v a (new)
(va) Support actions to foster innovation in repurposing, reformulation and combinations of off-patent medicines that that deliver relevant improvements for patients, healthcare professionals and/or healthcare systems;
2020/07/16
Committee: ENVI
Amendment 961 #

2020/0102(COD)

Proposal for a regulation
Annex I – point i – point vi
(vi) Support action to monitor, report and notify shortages of medicines and medical devices occurring in hospitals and community pharmacies, to collect reported shortages in a centralized database, interoperable with databases that contained regulatory data on medicines, to address such shortages, and to increase security of supplies;
2020/07/16
Committee: ENVI
Amendment 964 #

2020/0102(COD)

Proposal for a regulation
Annex I – point i – point vii
(vii) Support actions to encourage the development of innovative medicines and medical devices less harmful for the environment and promote greener manufacturing and reward investments in procurement processes;
2020/07/16
Committee: ENVI
Amendment 1062 #

2020/0102(COD)

Proposal for a regulation
Annex II – part B – point 3 a (new)
3a. Ratio of use of generic and biosimilar medicines
2020/07/16
Committee: ENVI
Amendment 75 #

2020/0036(COD)

Proposal for a regulation
Recital 1 a (new)
(1a) The COVID-19 pandemic is having a severe impact on the public health systems of Member States and on their economies, impacting Member States’ capacity to finance the transition towards a climate-neutral economy. Therefore, the Commission’s proposed recovery plan, ‘Next Generation EU’, is a crucial instrument to achieve the objectives of this Regulation.
2020/06/08
Committee: ENVI
Amendment 103 #

2020/0036(COD)

Proposal for a regulation
Recital 4
(4) The Paris Agreement sets out a long-term goal to keep the global temperature increase to well below 2 °C above pre-industrial levels and to pursue efforts to keep it to 1.5 °C above pre- industrial levels23 , and stresses the importance of adapting to the adverse impacts of climate change, in a manner that does not threaten food production,24 and making finance flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development25 . _________________ 23 Article 2.1.a of the Paris Agreement. 24 Article 2.1.b of the Paris Agreement. 25 Article 2.1.c of the Paris Agreement.
2020/06/08
Committee: ENVI
Amendment 130 #

2020/0036(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) The objective of climate neutral Union’s economy by 2050 should be achieved taking into account different starting points of Member States and in the spirit of solidarity for lower-income Member States, including through proportionally increasing compensation mechanisms enshrined in existing legislation, with special attention paid to the EU ETS Directive.
2020/06/09
Committee: ITRE
Amendment 134 #

2020/0036(COD)

Proposal for a regulation
Recital 6
(6) Achieving climate neutrality should require astrong contributions from all economic sectors. In light of the importance of energy production and consumption on greenhouse gas emissions, the transition to a sustainable, affordable and secure energy system, while reducing energy poverty, relying on a well- functioning internal energy market is essential. The digital transformation, technological innovation, and research and development are also important drivers for achieving the climate-neutrality objective. A technology-neutral approach should be taken to reach that goal.
2020/06/08
Committee: ENVI
Amendment 209 #

2020/0036(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) The Commission is exploring the development of a regulatory framework for the certification of carbon removals in accordance with its Circular Economy Action Plan and the Farm to Fork Strategy. The restoration of eco-systems and the development of a carbon removals market for land-based greenhouse gas sequestration would assist in restoring, maintaining and managing natural sinks and would promote biodiversity.
2020/06/08
Committee: ENVI
Amendment 216 #

2020/0036(COD)

Proposal for a regulation
Recital 12 b (new)
(12b) The Commission should come forward with a definition of natural and other carbon sinks to give clarity in this Regulation.
2020/06/08
Committee: ENVI
Amendment 227 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 4
4. By 30 June 2021, the Commission shall assess how the Union legislation implementing the Union’s 2030 target would need to be amended in order to enable the achievement of 50 to 55 % emission reductions compared to 1990 and to achieve the climate-neutrality-objective set out in Article 2(1), and consider taking the necessary measures, including the adoption of legislative proposals, in accordance with the Treaties. The assessment shall take into account increasing existing compensation mechanisms for lower income Member States proportionally to increased burden associated with elevated climate ambitions.
2020/06/09
Committee: ITRE
Amendment 260 #

2020/0036(COD)

Proposal for a regulation
Recital 15 a (new)
(15 a) The objective of a climate neutral Union’s economy by 2050 should be achieved taking into account different starting points of Member States and in the spirit of solidarity for lower-income Member States, including through proportionally increasing compensation mechanisms enshrined in existing legislation, with special attention paid to the EU ETS Directive.
2020/06/08
Committee: ENVI
Amendment 429 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. Union-wide emissions and removals of greenhouse gases regulated in Union law shall be balanced at the latest by 2050, thus reducing emissions to net zero by that date and beyond. Each Member State shall seek to achieve climate neutrality by 2050 through the collective actions of the Union.
2020/06/08
Committee: ENVI
Amendment 476 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 3
3. By September 2020, the Commission shall review the Union’s 2030 target for climate referred to in Article 2(11) of Regulation (EU) 2018/1999 in light of the climate-neutrality objective set out in Article 2(1), and on the basis of a thorough impact assessment, on the level of Member States and economy sectors, assessing the feasibility, the economic impact and energy security and explore options for a new 2030 target of 50 to 55% emission reductions compared to 1990. Where the Commission considers that it is necessary to amend that target, it shall make proposals to the European Parliament and to the Council as appropriate.
2020/06/08
Committee: ENVI
Amendment 497 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 4
4. By 30 June 2021, the Commission shall assess how the Union legislation implementing the Union’s 2030 target would need to be amended in order to enable the achievement of 50 to 55 % emission reductions compared to 1990 and to achieve the climate-neutrality-objective set out in Article 2(1), and consider taking the necessary measures, including the adoption of legislative proposals, in accordance with the Treaties. The assessment shall take into account increasing existing compensation mechanisms for lower income Member States proportionally to increased burden associated with elevated climate ambitions.
2020/06/08
Committee: ENVI
Amendment 512 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 4 a (new)
4a. Where the Commission considers it appropriate to set an intermediary emissions reduction target for 2040, with a view of achieving climate neutrality by 2050, by 30 September 2028 it shall make a legislative proposal to the European Parliament and to the Council to that effect, following a detailed impact assessment. The impact assessment shall take into account the criteria outlined in Article 3 (3).
2020/06/08
Committee: ENVI
Amendment 523 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 4 b (new)
4b. Where the Commission considers it appropriate to set out targets for carbon removals by sinks for 2040 and for 2050, with a view to achieving climate neutrality by 2050, by 30 September 2028 it shall make legislative proposals to the European Parliament and the Council, following a detailed impact assessment. The impact assessment shall take into account the criteria outlined in Article 3 (3).
2020/06/08
Committee: ENVI
Amendment 525 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 4 c (new)
4c. Where the Commission considers it appropriate to develop a framework to certify greenhouse gas removals from land use, with a view of achieving climate neutrality by 2050, it shall make a legislative proposal to the European Parliament and to the Council to that effect, following a detailed impact assessment that is based on scientifically robust accounting methods.
2020/06/08
Committee: ENVI
Amendment 537 #
2020/06/08
Committee: ENVI
Amendment 560 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. The trajectory shall start from the Union’s 2030 target for climate referred to in Article 2(3).deleted
2020/06/08
Committee: ENVI
Amendment 590 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point a
(a) cost-effectiveness and, economic efficiency and employment;
2020/06/08
Committee: ENVI
Amendment 605 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point b
(b) competitiveness of the Union’s economy, in particular SMEs and sectors most exposed to carbon leakage;
2020/06/08
Committee: ENVI
Amendment 627 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point c
(c) best available, cost effective and scalable technologyies;
2020/06/08
Committee: ENVI
Amendment 647 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point d a (new)
(da) the need to reduce dependency on fossil fuels and to move to more renewable and sustainable energy;
2020/06/08
Committee: ENVI
Amendment 681 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point g
(g) investment needs and opportunitiesencouragement of investment and innovation;
2020/06/08
Committee: ENVI
Amendment 766 #

2020/0036(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. Member States shall develop and implement adaptation strategies and plans that include comprehensive risk management frameworks, based on robust climate and vulnerability baselines and progress assessments. Member States shall promote nature-based solutions and eco- system based adaption, which represent important greenhouse gas sequestration potential and address biodiversity loss.
2020/06/08
Committee: ENVI
Amendment 797 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point a
(a) the collective progress made by all Member States towards the achievement of the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1);
2020/06/08
Committee: ENVI
Amendment 834 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point a
(a) the consistency of Union measures with the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1);
2020/06/08
Committee: ENVI
Amendment 852 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. Where, based on the assessment referred to in paragraphs 1 and 2, the Commission finds that Union measures are inconsistent with the climate-neutrality objective set out in Article 2(1) or inadequate to ensure progress on adaptation as referred to in Article 4, or that the progress towards either the climate-neutrality objective or on adaptation as referred to in Article 4 is insufficient, it shall take the necessary measures in accordance with the Treaties, at the same time as the review of the trajectory referred to in Article 3(1).
2020/06/08
Committee: ENVI
Amendment 870 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. The Commission shall assess any draft measure or legislative proposal in light of the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1) before adoption, and include this analysis in any impact assessment accompanying these measures or proposals, and make the result of that assessment public at the time of adoption.
2020/06/08
Committee: ENVI
Amendment 892 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point a
(a) the consistency of national measures identified, on the basis of the National Energy and Climate Plans or the Biennial Progress Reports submitted in accordance with Regulation (EU) 2018/1999, as relevant for the achievement of the climate-neutrality objective set out in Article 2(1) with that objective as expressed by the trajectory referred to in Article 3(1);
2020/06/08
Committee: ENVI
Amendment 62 #

2020/0006(COD)

Proposal for a regulation
Recital 2
(2) The transition to a competitive, climate-neutral and circular economy constitutes one of the most important policy objectives for the Union. On 12 December 2019, the European Council endorsed the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement. This will require significant new investments, particularly in innovation. While fighting climate change and environmental degradation will benefit all in the long term and provides opportunities and challenges for all in the medium term, not all regions and Member States start their transition from the same point or have the same capacity to respond. Some are more advanced than others, whereas the energy transition entails a wider social and economic impact for those regions that rely heavily on solid fossil fuels - especially coal, lignite, peat and oil shale - or greenhouse gas intensive industries. Such a situation not only creates the risk of a variable speed transition in the Union as regards climate action, but also of growing disparities between regions, detrimental to the objectives of social, economic and territorial cohesion.
2020/05/20
Committee: ITRE
Amendment 100 #

2020/0006(COD)

Proposal for a regulation
Recital 7
(7) The resources ofrom the JTF should complement the resources available under cohesion policy. be substantial and consistent with its ambitious objective and should complement the resources available under cohesion policy. The establishment of the JTF should under no circumstance lead to cuts in or transfers from the funds covered by Regulation (EU) ../.. [new CPR], particularly from funds such as the European Regional Development Fund (ERDF), the European Social Fund (ESF+) or the European Agricultural Fund for Rural Development (EAFRD).
2020/05/20
Committee: ITRE
Amendment 115 #

2020/0006(COD)

Proposal for a regulation
Recital 8
(8) Transitioning to a climate-neutral economy is a challenge for all Member States. It will be particularly demanding for those Member States that rely heavily on solid fossil fuels or greenhouse gas intensive industrial activities which need to be phased out or which need to adapt due to the transition towards climate neutrality and that lack the financial means to do so. The JTF should therefore cover all Member States, but the distribution of its financial means should reflect the capacity of Member States to finance the necessary investments to cope with the transition towards climate neutrality.
2020/05/20
Committee: ITRE
Amendment 123 #

2020/0006(COD)

Proposal for a regulation
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. The list of investments should include those that support local economies, and arere technologically feasible and sustainable in the long- term, taking into account all the objectives of the Green Deal. The projects financed should contribute to a gradual transition to an innovative, competitive, climate-neutral and circular economy. For dseclining sectortors with high CO2 emissions levels, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the gradual phasing out of the activity and the corresponding reduction in the employment level. As regards transforming sectors with high greenhouse gas emission level conducted in cooperation with social partners and within a reasonable timeframe. With the aim of transforming these sectors, support should promote enewrgy efficiency and lower carbon activities through the deployment of new technologies, new processes or products, leadingthe renewable energy sources and investments in the deployment of infrastructure and technology for affordable low emission energy as well as new processes or products. Gas has to be recognised as a bridge technology that needs to play an important role in the transition to a low-emission economy. Further, security of supply must remain intact by technical innovations, including the roll-out of hydrogen which has the potential to become one of the major energy carriers of the 21st century. Such activities should lead to significant life- cycle emission reduction, in the energy system of the territory and be in line with the EU 2030 climate objectives and EU climate neutrality by 205013 while maintaining and enhancing skilled employment and, avoiding environmental degradation and enhancing the robustness of an energy system based predominantly on renewable energy sources, including through flexible balancing technologies and storage solutions. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a competitive, climate- neutral and circular economy. __________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
2020/05/20
Committee: ITRE
Amendment 157 #

2020/0006(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) In order to achieve the objectives of the JTF, the European Commission should consider changes to the Environmental Protection and Energy Aid Guidelines, “EEAG Guidelines”, which are necessary to facilitate private investments and successful implementation of the JTF. A strong state aid framework is needed to prevent that any aid for decarbonisation leads to undue distortions in the internal market. The revision of the EEAG has to accompany the Green Deal, in particular by taking into account recent and new regulatory developments, technological progress and opportunities as well as market evolutions in the energy sector. The planned revision of the EEAG should allow for national support for structural changes due to coal phase-out following the same conditionality as the Just Transition Fund. When revising the guidelines, the Commission should therefore also take into account the problems of structural change in the regions concerned, in order to ensure that these region are given sufficient flexibility to carry out their projects in a socially and economically viable manner.
2020/05/20
Committee: ITRE
Amendment 161 #

2020/0006(COD)

Proposal for a regulation
Recital 12 b (new)
(12b) Support for productive investment in enterprises other than SMEs through the Just Transition Fund should not be limited to the areas eligible for State aid under the applicable State aid rules pursuant to Article 107(3)(a) and (c) TFEU. On the contrary, State aid rules should allow all regions receiving assistance through the JTF to effectively address the threat of job losses at an early stage. This should also be ensured by adapting the general block exemption Regulation accordingly;
2020/05/20
Committee: ITRE
Amendment 162 #

2020/0006(COD)

Proposal for a regulation
Recital 12 c (new)
(12c) The areas most affected by the transition to a climate-neutral economy should be given the opportunity to actively address the associated structural change as early as possible. This requires adjustments to state aid law, e.g. through a new guideline of the European Commission on the basis of Article 107 (3) (b) or (c) TFEU, so that it is ensured that aid is permissible under the applicable rules regardless of the status of the assisted regions;
2020/05/20
Committee: ITRE
Amendment 167 #

2020/0006(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) investment related to the production, processing, distribution, storage or combustion of fossil fuels except for natural gas high efficiency co- generation combined with district heating;
2020/05/06
Committee: BUDG
Amendment 175 #

2020/0006(COD)

Proposal for a regulation
Recital 15
(15) The territorial just transition plans should identify the territories most negatively affected, where JTF support should be concentrated and describe specific actions to be undertaken to reach a climate-neutral economy, notably as regards the conversion or closure of facilities involving solid fossil fuel production or other greenhouse gas intensive activities , while preserving existing and developing new job opportunities to avoid social exclusion in the affected territories. Those territories should be precisely defined and correspond to NUTS level 3 regions or should be parts thereof. The plans should detail the challenges and needs of those territories and identify the type of operations needed in a manner that ensures the coherent development of climate-resilient economic activities that are also consistent with the transition to climate-neutrality and, where possible synergetic with other relevant Union and national funding schemes and programmes, as well as the objectives of the Green Deal. Cannibalisation between schemes should be avoided. Only investments in accordance with the transition plans should receive financial support from the JTF. The territorial just transition plans should be part of the programmes (supported by the ERDF, the ESF+, the Cohesion Fund or the JTF, as the case may be) which are approved by the Commission. The investment guidance identified by the European Commission in Annex D to the Country Reports 2020 should not limit the Member States in proposing new areas and priorities for the JTF support that will contribute to the transition towards EU climate neutrality by 2050.
2020/05/20
Committee: ITRE
Amendment 189 #

2020/0006(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. The JTF priority or priorities shallmay comprise the JTF resources consisting of all or part of the JTF allocation for the Member States and the resources transferred in accordance with Article [21a] of Regulation (EU) [new CPR]. The total of the ERDF and ESF+ resources transferred to the JTF priority shall be at least equal to one and a half times the amount of support from the JTF to that priority but shall not exceed three times that amount.
2020/05/06
Committee: BUDG
Amendment 190 #

2020/0006(COD)

Proposal for a regulation
Recital 19
(19) The objectives of this Regulation, namely to support territories facing economic, energy and social transformation in their transition to a climate-neutral economy, cannot be sufficiently achieved by the Member States alone. The main reasons in this regard are, on the one hand, the disparities between the levels of development of the various territories and the backwardness of the least favoured territories, as well as the limit on the financial resources of the Member States and territories and, on the other hand, the need for a coherent implementation framework covering several Union funds under shared management. Policy coherence with other policies has to be ensured, most notably industrial policy and public procurement rules, with a view to ensuring a level playing field to enable European industry, including SMEs, to produce the sustainable goods and services in line with the Green Deal and to provide jobs. Since those objectives can better be achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,
2020/05/20
Committee: ITRE
Amendment 193 #

2020/0006(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) EU state aid rules must be flexible if eligible regions in transition are to attract private investment. When drafting the new guidelines, the Commission should therefore also take into account the problems of structural change in the regions concerned, in order to ensure that these regions are given sufficient flexibility to carry out their projects in a socially and economically viable manner.
2020/06/03
Committee: ENVI
Amendment 195 #

2020/0006(COD)

Proposal for a regulation
Recital 12 b (new)
(12b) Support for productive investment in enterprises other than SMEs through the Just Transition Fund should not be limited to the areas eligible for State aid under the applicable State aid rules pursuant to Article 107(3)(a)and (c) TFEU. On the contrary, State aid rules should allow all regions receiving assistance through the JTF to effectively address the threat of job losses at an early stage. This should also be ensured by adapting the general block exemption Regulation accordingly;
2020/06/03
Committee: ENVI
Amendment 195 #

2020/0006(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes the Just Transition Fund (‘JTF’) to provide support to territories facing serious socio- economic , energy security and environmental challenges deriving from the energy transition process towards a climate-neutral economy of the Union by 2050, namely to all regions where coal is still harvested or where important structural changes take place after phasing out coal-mining activities as well as to regions with greenhouse gas intensive industrial activities.
2020/05/20
Committee: ITRE
Amendment 196 #

2020/0006(COD)

Proposal for a regulation
Recital 12 c (new)
(12c) The areas most affected by the transition to a climate-neutral economy should be given the opportunity to actively address the associated structural change as early as possible. This requires adjustments to state aid law, e.g. through a new guideline of the European Commission on the basis of Article 107 (3) (b) or (c)TFEU, so that it is ensured that aid is permissible under the applicable rules regardless of the status of the assisted regions;
2020/06/03
Committee: ENVI
Amendment 204 #

2020/0006(COD)

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Territorial just transition plans when possible shall be consistent with the territorial strategies referred to in Article [23] of Regulation (EU) [new CPR], with relevant smart specialisation strategies, the NECPs and the European Pillar of Social Rights.
2020/05/06
Committee: BUDG
Amendment 213 #

2020/0006(COD)

Proposal for a regulation
Annex I – paragraph 1 – point b
(b) the allocations resulting from the application of point (a) are adjusted to ensure that no Member State receives an amount exceeding EUR 2 billion or 30% of total budget of the Fund whichever amount is greater. The amounts exceeding EUR 2 billion or 30% of total budget of the Fund per Member State are redistributed proportionally to the allocations of all other Member States. The Member States shares are recalculated accordingly;
2020/05/06
Committee: BUDG
Amendment 217 #

2020/0006(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. The JTF shall support the Investment for jobs and growth goal in all Member States, primarily in regions heavily dependent on coal and whose GDP per capita is below the EU’s average. 80% of the resources of the JTF should be allocated to coal regions as listed in the Annex of the Terms of Reference for the Platform on Coal and Carbon-Intensive Regions (Coal Regions in Transition Platform) to address social, economic, energy security and environmental impacts of their energy transition.
2020/05/20
Committee: ITRE
Amendment 225 #

2020/0006(COD)

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be EUR 7.at least EUR 18,75 billion in 2018 prices, which and shall not be transferred from the allocations of the funds covered by the Regulation (EU) [new CPR], particularly from funds such as the European Regional Development Fund (ERDF), the European Social Fund (ESF+) or the European Agricultural Fund for Rural Development (EAFRD). That amount may be increased, as the case may be, by additional resources allocated in the Union budget, and by other resources in accordance with the applicable basic act.
2020/05/20
Committee: ITRE
Amendment 242 #

2020/0006(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes the Just Transition Fund (‘JTF’) to provide support to territories facing serious socio-economic challenges deriving from the transition process towards a climate-neutral economy of the Union by 2050. Support shall also be provided to at least all coal mining territories in the EU, where coal is still harvested and to territories where important structural changes take place after phasing out mining activities.
2020/06/03
Committee: ENVI
Amendment 246 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point a
(a) productive investments in SMEs, includingexisting companies, including regional and local publicly-owned companies, SMEs and start-ups, leading to economic diversification and reconversion; as well as contributing to the creation of new jobs;
2020/05/20
Committee: ITRE
Amendment 255 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point b
(b) investments in the creation of new firms, including through business incubators andparticularly SMEs and start-ups leading to economic diversification and contributing to new jobs creation and including the provision of relevant business consulting services;
2020/05/20
Committee: ITRE
Amendment 274 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and, infrastructures and services for an affordable clean energy, low-carbon, safe and flexible energy system, in greenhouse gas emission reduction, energy efficiency and renewable energystorage solutions;
2020/05/20
Committee: ITRE
Amendment 281 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
(da) investments related to the production, processing, transportation, distribution, storage or combustion of natural gas, renewable gas and hydrogen;
2020/05/20
Committee: ITRE
Amendment 282 #

2020/0006(COD)

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be EUR 718.5 billion in 2018 prices, which may be increased, as the case may be, by additional resources allocated in the Union budget, and by other resources in accordance with the applicable basic act.
2020/05/13
Committee: ENVI
Amendment 288 #

2020/0006(COD)

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be EUR 718.5 billion in 2018 prices, which may be increased, as the case may be, by additional resources allocated in the Union budget, and by other resources in accordance with the applicable basic act.
2020/06/03
Committee: ENVI
Amendment 293 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d b (new)
(db) cross-border electricity interconnection, with a view to achieving the target of 15 % by 2030;
2020/05/20
Committee: ITRE
Amendment 303 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point e
(e) investments in digitalisation and digital connectivity, including investments in very high capacity networks and 5G technology as well as smart energy solutions and related infrastructure and technologies;
2020/05/20
Committee: ITRE
Amendment 308 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f
(f) investments in regeneration and decontamination of sites, land restoration and repurposing project, decontamination, environmental remediation, revitalization, access and renovation of former coal mine and power station as well as brownfield sites and facilities, land restoration and repurposing projects, including afforestation of post coal mine sites;
2020/05/20
Committee: ITRE
Amendment 316 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f a (new)
(fa) investments in environmentally- friendly multimodal urban mobility and alternative transport fuels accelerating the transition towards zero-emission mobility;
2020/05/20
Committee: ITRE
Amendment 348 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Additionally, the JTF may support, in areas designated as assisted areas in accordance with points (a) and (c) of Article 107(3) of the TFEUthe respective territories, productive investments in enterprises other than SMEs, provided that such investments have been approved as part ofincluded in the territorial just transition plan as necessary for energy transition, based on the information required under point (h) of Article 7(2). Such investments shall only be eligible where they are necessary for the implementation of the territorial just transition plan.
2020/05/20
Committee: ITRE
Amendment 355 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable clean energy, in greenhouse gas emission reduction, energy efficiency, district heating networks and renewable energy;
2020/06/03
Committee: ENVI
Amendment 356 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable clean energy, in greenhouse gas emission reduction, energy efficiency, district heating networks and renewable energy;
2020/06/03
Committee: ENVI
Amendment 448 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Additionally, the JTF may support, in areas designated as assisted areas in accordance with points (a) and (c) of Article 107(3) of the TFEUthe respective territories, productive investments in enterprises other than SMEs, provided that such investments have been approved as part of the territorial just transition plan based on the information required under point (h) of Article 7(2). Such investments shall only be eligible where they are necessary for the implementation of the territorial just transition plan.
2020/06/03
Committee: ENVI
Amendment 451 #

2020/0006(COD)

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Territorial just transition plans where possible shall be consistent with the territorial strategies referred to in Article [23] of Regulation (EU) [new CPR], with relevant smart specialisation strategies, the NECPs and, the European Pillar of Social Rights and other relevant strategies and programmes, including on clean air, clean steel, energy poverty and energy prosumers.
2020/05/20
Committee: ITRE
Amendment 479 #

2020/0006(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) investment related to the production, processing, distribution, storage or combustion of fossil fuels except for natural gas high efficiency co- generation combined with district heating;;
2020/06/03
Committee: ENVI
Amendment 480 #

2020/0006(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) investment related to the production, processing, distribution, storage or combustion of fossil fuels; except for natural gas high efficiency co- generation combined with district heating;
2020/06/03
Committee: ENVI
Amendment 482 #

2020/0006(COD)

Proposal for a regulation
Annex I – paragraph 1 – point a – point ii
(ii) employment in mining of coal and, lignite and oil shale (weighting 250%),
2020/05/20
Committee: ITRE
Amendment 495 #

2020/0006(COD)

Proposal for a regulation
Annex I – paragraph 1 – point a – point iv
(iv) production of peat (weighting 0,951%),
2020/05/20
Committee: ITRE
Amendment 496 #

2020/0006(COD)

Proposal for a regulation
Annex I – paragraph 1 – point a – point v
(v) production of oil shale (weighting 0,05%);deleted
2020/05/20
Committee: ITRE
Amendment 528 #

2020/0006(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. The JTF priority or priorities shallmay comprise the JTF resources consisting of all or part of the JTF allocation for the Member States and the resources transferred in accordance with Article [21a] of Regulation (EU) [new CPR]. The total of the ERDF and ESF+ resources transferred to the JTF priority shall be at least equal to one and a half times the amount of support from the JTF to that priority but shall not exceed three times that amount. The transfer of money from the ERDF and ESF+ to the JTF has to be excluded.
2020/06/03
Committee: ENVI
Amendment 533 #

2020/0006(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. The JTF priority or priorities shallmay comprise the JTF resources consisting of all or part of the JTF allocation for the Member States and the resources transferred in accordance with Article [21a] of Regulation (EU) [new CPR]. The total of the ERDF and ESF+ resources transferred to the JTF priority shall be at least equal to one and a half times the amount of support from the JTF to that priority but shall not exceed three times that amount.
2020/06/03
Committee: ENVI
Amendment 602 #

2020/0006(COD)

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Territorial just transition plans where possible shall be consistent with the territorial strategies referred to in Article [23] of Regulation (EU) [new CPR], with relevant smart specialisation strategies, the NECPs and the European Pillar of Social Rights.
2020/06/03
Committee: ENVI
Amendment 603 #

2020/0006(COD)

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Territorial just transition plans where possible shall be consistent with the territorial strategies referred to in Article [23] of Regulation (EU) [new CPR], with relevant smart specialisation strategies, the NECPs and the European Pillar of Social Rights.
2020/06/03
Committee: ENVI
Amendment 660 #

2020/0006(COD)

Proposal for a regulation
Annex I – paragraph 1 – point b
(b) the allocations resulting from the application of point (a) are adjusted to ensure that no Member State receives an amount exceeding EUR 2 billion. The amounts exceeding EUR 2 billionor 30% of total budget of the Fund whichever amount is greater. The amounts exceeding EUR 2 billion or 30% of total budget of the Fund per Member State are redistributed proportionally to the allocations of all other Member States. The Member States shares are recalculated accordingly;
2020/06/03
Committee: ENVI
Amendment 21 #

2019/2975(RSP)


Citation 5
— having regard to the Concluding Observations of the UN Committee on the Rights of Persons with Disabilities (UNCRPD Committee) of 2 October 2015 on the initial report of the European Union, including those on the European Union institutions’ compliance with the Convention as public administrations,
2020/02/04
Committee: EMPL
Amendment 63 #

2019/2975(RSP)


Citation 28 a (new)
- having regard to the exploratory opinion of the European Economic and Social Committee requested by the European Parliament on the situation of women with disabilities,
2020/02/04
Committee: EMPL
Amendment 65 #

2019/2975(RSP)


Citation 28 b (new)
- having regard to the European Ombudsman’s strategic inquiries into how the European Commission ensures that persons with disabilities can access its websites (OI/6/2017/EA), how the European Commission treats persons with disabilities under the Joint Sickness Insurance Scheme for EU staff (OI/4/2016/EA) and the Decision in the joint inquiry in cases 1337/2017/EA and 1338/2017/EA on the accessibility for visually impaired candidates of selection procedures to recruit EU civil servants, organised by the European Personnel Selection Office,
2020/02/04
Committee: EMPL
Amendment 71 #

2019/2975(RSP)


Recital A
A. whereas, as full citizens, all persons with disabilities have equal rights in all fields of life (including access to open labour market and education) and are entitled to inalienable dignity, equal treatment, independent living, autonomy and full participation in society, respecting and valuating their input to social and economic progress of Europe;
2020/02/04
Committee: EMPL
Amendment 92 #

2019/2975(RSP)

Draft motion for a resolution
Recital F a (new)
F a. whereas due to population ageing more and more people will experience disabilities and will require more accessible and supportive environment as well as adjusted services;
2020/02/04
Committee: EMPL
Amendment 110 #

2019/2975(RSP)


Recital G a (new)
G a. whereas in 2018 among all people with disabilities (aged 16 and over) 28,7 % was at risk of poverty and social exclusion13g _________________ 13g https://ec.europa.eu/eurostat/web/product s-eurostat-news/-/DDN-20191029-2
2020/02/04
Committee: EMPL
Amendment 144 #

2019/2975(RSP)


Paragraph 1
1. Aacknowledges the advancement in the implementation of the UNCRPD brought about by the European Disability Strategy 2010-2020; and calls on the Commission to continue the work by building upon and integrating what has been achieved and by upscaling the presentits commitment to the rights of persons with disabilities through the Strategy;
2020/02/04
Committee: EMPL
Amendment 162 #

2019/2975(RSP)


Paragraph 2 – indent 1
- with clearly designated priority areas covering all the provisions of the UNCRPD in all areas of EU policy and addressing the Concluding Observations of the UNCRPD Committee adopted in 2015,
2020/02/04
Committee: EMPL
Amendment 174 #
2020/02/04
Committee: EMPL
Amendment 187 #

2019/2975(RSP)


Paragraph 2 – indent 5
- mainstreaming the rights of the childrenpersons with disabilities into all policies and areas,
2020/02/04
Committee: EMPL
Amendment 194 #

2019/2975(RSP)


Paragraph 2 – indent 5 a (new)
- giving special attention to wellbeing and equal opportunities for children with disabilities inter alia via ensuring unreserved access to childcare and education and supporting families with children with disabilities,
2020/02/04
Committee: EMPL
Amendment 210 #

2019/2975(RSP)


Paragraph 2 – indent 8
- allocating an adequate budget for the implementation of the post-2020 Strategy; and ensuring continuity of financing in the New Multiannual Financial Framework,
2020/02/04
Committee: EMPL
Amendment 213 #

2019/2975(RSP)


Paragraph 2 – indent 8 a (new)
- recognising and addressing the multiple and intersectional forms of discrimination they may face,
2020/02/04
Committee: EMPL
Amendment 217 #

2019/2975(RSP)


Paragraph 2 – indent 8 b (new)
- accelerating work on mutual recognition of disability status between EU Member States in all areas,
2020/02/04
Committee: EMPL
Amendment 218 #

2019/2975(RSP)


Paragraph 2 – indent 8 c (new)
- implementing the EU Disability Card to all EU Member States to ensure recognition of disability while moving across the EU and secure freedom of movement, access to culture, education and work for people with disabilities,
2020/02/04
Committee: EMPL
Amendment 219 #

2019/2975(RSP)


Paragraph 2 – indent 8 d (new)
- ensuring that persons with disabilities have equal opportunities in the labour market, access to inclusive and mainstream education, health services as well as equal access to transport by eliminating the barriers to social participation and application of universal design principles into infrastructural and digital investments across the EU,
2020/02/04
Committee: EMPL
Amendment 220 #

2019/2975(RSP)


Paragraph 2 – indent 8 e (new)
- acknowledging the evolution of new technologies and its potential for persons with disabilities including ICT applications,
2020/02/04
Committee: EMPL
Amendment 221 #

2019/2975(RSP)


Paragraph 2 – indent 8 f (new)
- supporting independent living programmes especially for people with intellectual disabilities by promoting supported employment and supported housing;
2020/02/04
Committee: EMPL
Amendment 222 #

2019/2975(RSP)


Paragraph 2 – indent 8 g (new)
- targeting adult people with disabilities with a special attention to the intellectually disabled and their future after the death of the attendant;
2020/02/04
Committee: EMPL
Amendment 238 #

2019/2975(RSP)


Paragraph 3 a (new)
3 a. Calls the Commission to ensure the inclusion of a gender-based and intersectional approach to combat the multiple forms of discrimination faced by women and girls with disabilities, and urges the European Union and those Member States which have not done so already to accede to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention);
2020/02/04
Committee: EMPL
Amendment 245 #

2019/2975(RSP)


Paragraph 3 b (new)
3 b. Calls for the post 2020 Strategy to set out an interinstitutional structure to oversee its implementation; urges that Disability Focal Points be present in all Commission Directorates General and agencies and in all EU institutions, with the central Focal Point located within the Commission’s General Secretariat; stresses that an interinstitutional mechanism exist to ensure collaboration between the Commission, the Parliament and the Council, with their respective Presidents meeting at the start of each mandate;
2020/02/04
Committee: EMPL
Amendment 252 #

2019/2975(RSP)


Paragraph 4
4. Calls on the Commission to prepare the post-2020 Strategy with the close and systematic involvement of persons with disabilities and of their representative organisations, and to ensure their accessible and meaningful participation in the preparation, implementation, monitoring and evaluation of the post-2020 Strategy also through funding their capacity-building;
2020/02/04
Committee: EMPL
Amendment 291 #

2019/2975(RSP)


Paragraph 7
7. Calls on the Commission to systematically mainstream the rights of persons with disabilities in all the relevant EU laws, policies and programmes; urges the full integration of the disability-rights perspective in the Gender Equality Strategy, the Youth Guarantee, the Green New Deal, the Child Guarantee and the forthcoming Green paper on Ageing, and stresses the need for a Disability Rights Guarantee to assist persons with disabilities into employment, traineeships, job placements and further education;
2020/02/04
Committee: EMPL
Amendment 309 #

2019/2975(RSP)


Paragraph 7 a (new)
7 a. Stresses the fact that people with disabilites are more exposed to the risk of poverty and social exclusion than those without;
2020/02/04
Committee: EMPL
Amendment 316 #

2019/2975(RSP)

Draft motion for a resolution
Paragraph 8
8. Calls on the Commission to safeguard the UNCRPD-compliant use of EU funds and to ensure that EU funds will not contribute to the construction or refurbishment of institutional care settings nor invest in structures that are inaccessible to persons with disabilities. Furthermore, funds should actively be invested in research to develop better and more affordable assistive technology for persons with disabilities and towards increasing the participation of persons with disabilities in all EU funded programmes;
2020/02/04
Committee: EMPL
Amendment 337 #

2019/2975(RSP)


Paragraph 8 a (new)
8 a. Calls on the Commission to ensure that all projects financed by the EU funds have positive impact on respect of rights of persons with disabilities in particular supporting accessibility, access to education, health and employment;
2020/02/04
Committee: EMPL
Amendment 362 #

2019/2975(RSP)


Paragraph 9
9. Calls on the Commission and Member States to develop a comprehensive campaign in accessible format with engagement of media to raise awareness of the UN CRPD, rights and needs of persons with disabilities as well as barriers they face among the persons with disabilities and the society in general;
2020/02/04
Committee: EMPL
Amendment 393 #

2019/2975(RSP)


Paragraph 10 a (new)
10 a. Calls on the European Commission to ensure that the Strategy includes the end of violence against persons with disabilities as one of its main objectives, paying particular attention to gender-based violence, including forced sterilisation, forced institutionalisation, forced treatment and violence;
2020/02/04
Committee: EMPL
Amendment 402 #

2019/2975(RSP)


Paragraph 10 b (new)
10 b. Urges the Commission and the Member States to make the EU a leader in promoting the rights of persons with disabilities, including marginalised groups with disabilities, such as women and girls with disabilities, through its external action;
2020/02/04
Committee: EMPL
Amendment 437 #

2019/2975(RSP)


Paragraph 12 a (new)
12 a. Calls on the Commission to include a section on European Union institutions as public administrations to ensure that they comply with the UN CRPD in all respects, which includes making available the necessary resources, focal points, coordination mechanisms, internal policies, accessible infrastructure such as buildings, communications (including in sign language and Braille), websites and ICT applications, as well as permanent mechanisms to consult actively and effectively with representative organisations of persons with disabilities, positive actions and anti-discrimination safeguards that are necessary for the successful implementation of the Strategy and of the CRPD both in the EU at large as well as within the EU institutions and agencies;
2020/02/04
Committee: EMPL
Amendment 447 #

2019/2975(RSP)


Paragraph 12 a (new)
12 a. Calls on all Member States to develop their own national disability strategies for promoting disability equality mainstreaming and address the implementation of the UN CRPD;
2020/02/04
Committee: EMPL
Amendment 3 #

2019/2816(RSP)


Citation 1 a (new)
- having regard to Article 191 (2) of the Treaty on the Functioning of the European Union,
2020/01/30
Committee: ENVI
Amendment 19 #

2019/2816(RSP)


Citation 17 a (new)
- having regard to the Commission Communication of the 11 December 2019 entitled ‘European Green Deal’ (COM(2019) 640),
2020/01/30
Committee: ENVI
Amendment 28 #

2019/2816(RSP)


Citation 22 a (new)
- having regard to the OECD study of November 2019 Pharmaceutical Residues in Freshwater - Hazards and Policy Responses,
2020/01/30
Committee: ENVI
Amendment 81 #

2019/2816(RSP)


Paragraph 3
3. Notes however with concern the very soft nature of the measures included in the communication; considers that legislaeffective measures are needed in addition to non-legislative measures to properly tackle pharmaceutical pollution, reflecting member state competences;
2020/01/30
Committee: ENVI
Amendment 137 #

2019/2816(RSP)


Paragraph 13
13. Calls on the Member States and on the Commission to promote awareness- raising campaigns among veterinaries and physicians on the prudent use of pharmaceuticals, particularly of antimicrobialnd training among healthcare professionals, including veterinaries, pharmacists, physicians and patients, on the prudent use of pharmaceuticals, such as antimicrobials, antidepressants or contrast fluids; calls on actors in the pharmaceutical supply chain to contribute to providing to patients with sufficient information on how incorrectly disposed medicines may negatively impact the environment; calls for on-pack labelling in the form of an appropriate pictogramme to inform consumers how to properly dispose of unused medicines;
2020/01/30
Committee: ENVI
Amendment 206 #

2019/2816(RSP)


Paragraph 27
27. Considers that the overall per capita drug consumption should be reduced, without jeoparcitizens, carers and healthcare professionals should do a responsible use of mediscing patients’ health; is of the opinion that the overall per animal veterinary medicineses, enhancing health literacy and patient empowerment, so that the overall per capita drug consumption shcould also decreasebe reduced;
2020/01/30
Committee: ENVI
Amendment 208 #

2019/2816(RSP)


Paragraph 27 a (new)
27 a. Is of the opinion that further efforts are needed to decrease the overall per animal veterinary medicines consumption;
2020/01/30
Committee: ENVI
Amendment 210 #

2019/2816(RSP)


Paragraph 28
28. Considers that a review of Directive 86/278/EEC on sewage sludge is long overdue; calls on the Commission to make a legislative proposal to review and updatevaluate and eventually revise Directive 86/278/EEC no later than by the end of 20201, not least so as to avoid that pharmaceutical residues are spread onto fieldsin order to update quality standards according to the latest scientific evidence to promote true circular economy of carbon and nutrients without risk to human health or the environment;
2020/01/30
Committee: ENVI
Amendment 224 #

2019/2816(RSP)


Paragraph 30
30. Calls foron Member States to set up and fully enforcement of the existing provisions with regard to take- back schemes for unused medicines;
2020/01/30
Committee: ENVI
Amendment 94 #

2019/2157(INI)

Draft opinion
Paragraph 1 a (new)
1a. Underlines that the EU and its Member States, while being the signatories of the Forest Europe process, have committed to apply the definition and principles of sustainable forest management (SFM)1a to their forests; _________________ 1aProvided in Forest Europe Helsinki ResolutionH1 of 1993
2020/04/30
Committee: ENVI
Amendment 101 #

2019/2157(INI)

Draft opinion
Paragraph 1 b (new)
1b. Reiterates that sustainable and multi-purpose forest management should continue serving as a guiding principle of the EU forest strategy;
2020/04/30
Committee: ENVI
Amendment 103 #

2019/2157(INI)

Draft opinion
Paragraph 1 c (new)
1c. Calls to secure that new Forest Strategy serves as a central policy instrument in the EU to ensure efficient coordination of forest-related policies and initiatives within the scope of all three pillars of sustainability: environmental, economic and social; thus serves as a platform to coordinate all nature conservation and biodiversity aspects related to forests and their management at EU level;
2020/04/30
Committee: ENVI
Amendment 210 #

2019/2157(INI)

Draft opinion
Paragraph 5
5. Expresses its concern over the health condition and resilience of forests in many parts of Europe; highlights the need to strengthen and make full use of EU mechanisms to tackle the transboundary pressures on forests from the spread of invasive alien species, pests, and diseases, as well as storms, droughts and wildfires.
2020/04/30
Committee: ENVI
Amendment 2 #

2019/2156(INI)

Motion for a resolution
Citation 3
— having regard to the ruling of the Court of Justice of the European Union affirming the EU's competence to protect European forests1 1, _________________ 1Judgment of the Court of Justice of 17 April 2018, European Commission v Republic of Poland, C- 441/17,EU:C:2018:255.
2020/05/08
Committee: ENVI
Amendment 107 #

2019/2156(INI)

Motion for a resolution
Recital E
E. whereas increased protectionsustainable and multi- purpose management of forests provides opportunities for economic development, particularly at the level of local communities;
2020/05/08
Committee: ENVI
Amendment 128 #

2019/2156(INI)

Motion for a resolution
Recital G
G. whereas the EUEU Member States hasve expertise in sustainable forest management and in assistingthus, both the EU and its Member States have necessary financial and technical means to assist other countries with capacity building;
2020/05/08
Committee: ENVI
Amendment 158 #

2019/2156(INI)

Motion for a resolution
Paragraph 2
2. Stresses that the EU has the powers, responsibility and funds available to protect European forests as part of the world’s forests; calls, therefore, on the Commission and the Member States to ensure that measures aimed atfunds available and means to ensure co- operation and coordination between Member States inside the EU, and with external international partners outside the EU aimed at the protection of forests from biotic and abiotic natural disasters; calls, therefore, on the Commission and the Member States to support efforts to establish effective international cooperation aimed at promoting sustainable management, and protecting and restoring the world’s forests are consistently applied to European forest, including by financial means;
2020/05/08
Committee: ENVI
Amendment 185 #

2019/2156(INI)

Motion for a resolution
Paragraph 3
3. Stresses the crucial role of indigenous peoples and local communities in the protection of the world’s forests and calls on the Commission and the Member States to take this role into account in the adoption, implementation and enforcement of forest protection measures, both at EU level and in key international forumsinternationally agreed measures, both at regional and global levels, as appropriate;
2020/05/08
Committee: ENVI
Amendment 288 #

2019/2156(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the Commission's plan to ensure that the topic of deforestation is part of country-level political dialogues and recommends that the Commission include the promotion of human rights, in particular the rights of indigenous peoples and local communities, as well as support for environmentalistspublic participation in these dialogues;
2020/05/08
Committee: ENVI
Amendment 306 #

2019/2156(INI)

Motion for a resolution
Paragraph 12
12. Calls on the Commission and the Member States to propose specific measures to strengthen the political and regulatory framework for supporpromoting sustainable forest management and land use planning at national, regional and global levels;
2020/05/08
Committee: ENVI
Amendment 322 #

2019/2156(INI)

Motion for a resolution
Paragraph 15
15. Welcomes the Commission's plan to strengthen international cooperation on policies and measures to protect thsustainably manage world’s forests in key international forums,and prevent global deforestation in key international forums, such as UNFF, FAO, ITTA and FOREST EUROPE and calls on the Commission and the Member States to endeavour to cooperate with these forums with a view, inter alia, to harmonising the terminology and concepts in use (e.g. sustainable forest management or deforestation-free supply chains) and to ensuring the coherence of the policies and measures adopted;
2020/05/08
Committee: ENVI
Amendment 376 #

2019/2156(INI)

Motion for a resolution
Paragraph 19
19. Calls on the Commission to include binding targetperform an in depth impact assessment on the effective measures for the protection and restoration of forest ecosystems, including native European forests, as part of the EU's future forest strategy;
2020/05/08
Committee: ENVI
Amendment 389 #

2019/2156(INI)

Motion for a resolution
Paragraph 20
20. Considers it necessary to redirect financial flows, both private and public, in the relevant industrial sectors towards activities that promote sustainable and multi-purpose forest management and, thus, do not cause deforestation;
2020/05/08
Committee: ENVI
Amendment 409 #

2019/2156(INI)

Motion for a resolution
Paragraph 22
22. Calls on the Commission and Member States to take specific steps to improve the availability of information and data obtained through existing and new monitoring tools relating to forests, and to ensure that this information is disseminated in a form that is accessible and comprehensible to the public, consumers and the private sector;
2020/05/08
Committee: ENVI
Amendment 413 #

2019/2156(INI)

Motion for a resolution
Paragraph 23
23. Stresses that independencredible forest monitoring and information sharing are essential to improving forest governance and facilitating compliance with zero- deforestation commitments in partner countries; Calls for the EU to step up financial and technical support to partner countries to achieve these ends and to help them develop the expertise necessary to improve local forest governance structures and accountability;
2020/05/08
Committee: ENVI
Amendment 49 #

2019/0246(COD)

Proposal for a regulation
Recital 18
(18) Given the fragile ecosystem in the Baltic Sea, support for the permanent cessation of fishing activities should not be granted for the retrofitting of fishing vessels for other activities than commercial fishing, such as recreational fishing, which could have a detrimental impact on the ecosystem. Therefore, such support should only be granted for the scrapping of fishing vessels. At the same time, support should only be granted for the scrapping of fishing vessels, including vessels used for recreational fishing. In view of the above, compensation scheme coverage and the possibility of scrapping recreational fishing units should take place on a similar basis as for industrial fishing.
2020/01/31
Committee: PECH
Amendment 51 #

2019/0246(COD)

Proposal for a regulation
Recital 18 a (new)
(18a) Given the cultural and multi- generational characteristics of the coastal fishing profession, alternatives to the scrapping of vessels that would allow fishermen to remain in the profession should be provided.
2020/01/31
Committee: PECH
Amendment 53 #

2019/0246(COD)

Proposal for a regulation
Recital 20 a (new)
(20a) Compensation for the permanent cessation of vessels’ activities will not be attractive to operators if it is deducted from the temporary cessation compensation paid in the past pursuant to Article 25(5) of Regulation (EU) No 508/2014. Such a deduction would not make sense because services have been provided in the past for the temporary cessation of vessels’ activities, while compensation for permanent cessation of activities concerns future benefits.
2020/01/31
Committee: PECH
Amendment 58 #

2019/0246(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 4
Regulation (EU) No 508/2014
Article 34 – paragraph 4 c a (new)
4ca. Support granted to ship-owners under Article 33 shall not be deducted from support received by ship-owners under this Article in respect of the same vessel.
2020/01/31
Committee: PECH