2000 Amendments of Alexandr VONDRA
Amendment 119 #
2023/2720(RSP)
Paragraph 16 a (new)
Amendment 121 #
2023/2720(RSP)
Paragraph 16 b (new)
16b. Calls for strict application of rules to prevent the spread of invasive non- native insect species, which have a demonstrable negative effect on domestic pollinators.
Amendment 136 #
2023/2720(RSP)
Paragraph 18 a (new)
18a. Encourages the planting of draws and restoration of multi-species orchards, which are a source of pollen and nectar.
Amendment 12 #
2023/2156(DEC)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes with satisfaction that the EMA cooperates with other agencies, in particular with the European Centre for Disease Prevention and Control and with the European Food Safety Authority, including on the European Vaccination Information Portal, for monitoring vaccine safety and reporting side effects, as well as on antimicrobial consumption and resistance;
Amendment 1 #
2023/2151(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls that the EU’s risk assessment for genetically modified crops for food and feed is one of the strictest in the world, providing Member States and the public with many opportunities for input, and that products passing the Authority's independent safety assessment should have fair market access;
Amendment 4 #
2023/2149(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes with satisfaction that EEA achieved excellent budget implementation in 2022, with cancelled appropriations well below the 3% threshold and that a positive budgetary outturn of EUR 251 876 is to be reimbursed to the Commission.
Amendment 10 #
2023/2149(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that the EEA has 243 posts, out of which 85% are dedicated to operational activities and 15% to support; considers that, in order to properly perform the tasks on the Union’s path to climate neutrality, this number should grow in the years to come;
Amendment 4 #
2023/2148(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines the necessityEmphasises the importance of ensuring adequate staffing that reflectings the needs of the European Green Deal and the Union Chemical Strategy for Sustainability, Circular Economy Action Plan and zero pollution ambition in particular;the Zero Pollution Ambition for a toxic-free environment, as well as the 8th Environmental Action Programme (EAP) and the Circular Economy Action Plan
Amendment 10 #
2023/2129(DEC)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission to provide Parliament with an annual report setting out in detail the contribution of each budget item to the climate mainstreaming and the biodiversity targets, in order to facilitate their monitoring; calls further on the Commission to report whether any budget item fails to respect the "do no significant harm" criterion as referred to in the Taxonomy Regulation;
Amendment 12 #
2023/2129(DEC)
Draft opinion
Paragraph 10
Paragraph 10
10. Regrets the Court's finding, in its Special Report 16/20212 , that EU agricultural funding destined for climate action has not contributed to reducing greenhouse gas emissions; shares the Court's view that the new Common Agricultural Policy should have a greater focus on reducing agricultural emissions, and be more accountable and transparent about its contribution to climate mitigation; _________________ 2 Common Agricultural Policy and climate – Half of EU climate spending but farm emissions are not decreasing, 21 June 2021.
Amendment 77 #
2023/2119(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas Russia’s unjustified and unprovoked war of aggression against Ukraine, its illegal invasion and annexation of Crimea and the Donetsk, Kherson, Luhansk and Zaporizhzhia regions, as well as the occupation of Georgia’s regions of Abkhazia and Tskhinvali region/South Ossetia and the Republic of Moldova’s region of Transnistria demonstrate a need for an ongoing CSDP presence in the region;
Amendment 91 #
2023/2119(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the strategic environment where many CSDP missions are present is radically deteriorating, with an ongoing war of aggression by Russia in Ukraine and its spillover effect into Moldova, an outbreak of hostilities between Armenia and Azerbaijan, a wave of coup d’états in the Sahel region and renewed terrorist campaigns in Somalia and Mozambique, all of which demonstrates the need for CSDP mandates to remain flexible and strive towards building a credible and capable deterrence posture within the host countries to ensure their civilian and military personnel can deter and respond rapidly to the growing threat environment;
Amendment 103 #
2023/2119(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas CSDP mission planning must take into consideration the People’s Republic of China’s role in promoting alternative narratives, challenging democratic values, undermining open markets, and the rules-based international order;
Amendment 107 #
2023/2119(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas CSDP’s access to both planning, resources and logistics gives it the potential to become the primary enabler of civilian crisis management during emergencies and should be used as a practice hub of societal resilience and recovery in the face of both man-made and natural disasters;
Amendment 114 #
2023/2119(INI)
Motion for a resolution
Recital B e (new)
Recital B e (new)
Be. whereas the threats posed to the EU’s East not only concern conflict with Russia but also terrorism, organised crime, human trafficking, corruption, mass irregular migration, and a host of other threats to the cohesion of societies both within and outside the EU;
Amendment 121 #
2023/2119(INI)
Motion for a resolution
Recital B f (new)
Recital B f (new)
Bf. whereas if CSDP missions are to achieve mission objectives, they must begin advisory and training in coping with emerging and disruptive technologies that are rapidly entering the ‘frozen conflict’ environment;
Amendment 124 #
2023/2119(INI)
Motion for a resolution
Recital B g (new)
Recital B g (new)
Bg. whereas hybrid threats in the years to come will see the systematic combination of information warfare, agile force manoeuvre, mass cyber warfare and emerging and disruptive technologies from seabed to space with both advanced air-breathing and space–based surveillance and strike systems deployed, all of which will be enabled by advanced artificial intelligence (AI), quantum computing, increasingly ‘intelligent’ drone swarm technologies, offensive cyber capabilities, hypersonic missile systems, and Nano-tech and bio-warfare;
Amendment 130 #
2023/2119(INI)
Motion for a resolution
Recital B h (new)
Recital B h (new)
Bh. whereas the EU’s Civilian Planning and Conduct Capability (CPCC) will have to consider how to protect a deployed force against multiple hybrid threats or conduct advanced operations at a far higher level of risk than today;
Amendment 133 #
2023/2119(INI)
Motion for a resolution
Recital B i (new)
Recital B i (new)
Bi. whereas CSDP will also require close coordination with NATO’s defence and deterrence posture, as well as the Alliance’s effort to promote co-operative security through defence capacity building and the Open Door policy;
Amendment 154 #
2023/2119(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recognises that NATO and leading allies such as US and UK are playing a crucial role in coordinating and leading the efforts to support Ukraine militarily not only with weapons, ammunition and equipment, but also intelligence and data; considers the ongoing war of aggression as further evidence that the most important country for European security remains the United States as the war continues to reveal profound structural faults in the EU security and defence architecture and unacceptable shortfalls in capabilities;
Amendment 155 #
2023/2119(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1a. Recognises that despite mass mobilization in Russia to continue its war of aggression against Ukraine, Russia maintains an active military presence everywhere that Moscow deems strategically important, primarily: South Ossetia and Abkhazia, Nagorno- Karabakh, Kazakhstan, Transnistria, Syria, the wider Mediterranean, Africa (via Wagner Group), Latin America and the Arctic, all of which create additional threat scenarios that cannot be discounted;
Amendment 156 #
2023/2119(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1c. Underlines that the ultimate goal should be to maintain support to Ukraine to ensure the military collapse of Russian forces and their proxies in Ukraine to enable Kyiv and its partners to negotiate from a position of strength that fully restores Ukraine’s territorial integrity, compensates and restores Ukraine for the tremendous suffering it has endured and ensures that those responsible for waging the war of aggression against Ukraine, including Vladimir Putin and Aliexandr Lukashenka, are brought to justice for the crimes they have committed, as are war criminals in lower echelons of the Russian government, Russian armed forces and their proxies;
Amendment 157 #
2023/2119(INI)
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Calls for further increase and speeding up in financial and military assistance to Ukraine and for the immediate deployment of modern equipment, weapons and next-generation air defence and surface to surface systems; expresses its support for the decision by a number of Member States and international partners to provide Ukraine with modern main battle tanks, infantry fighting vehicles and armoured personnel carriers; underlines the need to move one step further and deliver modern jet fighters and attack helicopters and train Ukrainian crews as swiftly as possible;
Amendment 166 #
2023/2119(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 169 #
2023/2119(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the importance of the European Peace Facility (EPF) which has supported the Ukrainian armed forces by financing and delivering military equipment and training, while providing coordination for all stakeholders through the Clearing House Mechanism hosted by the EU Military Staff; encourages member states to create scenario-based and predictable inventory of military capabilities that can be provided under the EPF to ensure that short-term provision of capabilities are rapidly sourced within Member States and delivered without delay while long-term provision of capabilities that assist Ukraine in restoring deterrence are provided in a foreseeable timeframe, in coordination with third countries when necessary; calls for the financial sustainability and durability of the EPF to be ensured in order to provide Ukraine and other EU partners around the world with the support they request;
Amendment 175 #
2023/2119(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Encourages Member States to further utilize the European Peace Facility (EPF) for training and outfitting security services in EaP countries hosting CSDP missions, particularly military police, medical and law enforcement infrastructure and the increase of intelligence exchange capabilities via secure communication lines for EaP;
Amendment 177 #
2023/2119(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Encourages Member States to ensure that any provision of equipment support via EPF to EaP countries are compliant with EaP country needs and carried out in collaboration with NATO strategic planning to avoid duplication;
Amendment 178 #
2023/2119(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the European External Action Service to provide necessary technical assistance to Armenia through the EPF, which will strengthen the resilience of Armenia in the context of ensuring security, independence and sovereignty and which will lead for more comprehensive and enhanced cooperation between the EU and Armenia in the field of defense;
Amendment 183 #
2023/2119(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers EUMAM as the most significant CSDP mission currently underway; recognises the combined arms training and specialised training must aim to increase its efforts in training: counter UAV, UAV system training, missile systems, and radar recognition;
Amendment 184 #
2023/2119(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Considers EUMAM's need for additional instructors, equipment, ammunition and training offices in support to its moduls as a top priotity in CSDP mission planning and should be provided urgently;
Amendment 187 #
2023/2119(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Commends the flexibility and adaptability of the European Union Advisory Mission in Ukraine in implementing its revised mandate in difficult conditions; calls on the EU to ensure it can operate with the adequate financial, logistical and human means to meet Ukraine’s needs and welcomes third country participation in this regard;
Amendment 190 #
2023/2119(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the EU’s concrete support to Ukraine through the ‘three ammunition tracks’; urges faster delivery of ammunition from Member States’ existing stocks through the EPF; calls for the joint procurement of ammunition for Ukraine to be sped up and stresses the need to ramp up the third track and ensure the effective implementation of the Act in Support of Ammunition Production; encourages Member States to provide spccialised opportunities for Small Medium Enterprises in the European defense sector so they have the capacity to participate in the bidding process via meaures such as creating a preapproved list of companies to facilitate a speedier engagement process, introducing private equity firms that invest in SMEs into the procurement process, assist SME growth by incubation and capital investment, reducing the complexities of bidding for contracts, and devising an internal effort to reform the amount of time taken to address contract details; further stresses that concrete steps should be taken towards Ukraine’s integration in EU defence policies and programmes during the EU membership process, building on the existing agreement with the European Defence Agency (EDA) and as a beneficiary of the European defence industry reinforcement through common procurement act (EDIRPA); calls on the European External Action Service to come forward with a plan for a sustainable and long-term package of security commitments for Ukraine;
Amendment 200 #
2023/2119(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages Member States to support legislation that assists with the integration of the Ukrainian Arms Industry into the wider transatlantic defence technological and industrial cooperation; encourages Member States to promote cooperation between different European defense firms to encourage combining resources and competencies in order to spur innovation and development of modern military equipment;
Amendment 215 #
2023/2119(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the commitment of the EU’s heads of state and government, made in the Versailles Declaration, to provide all the necessary support needed by Ukraine and to take greater responsibility for European security by bolstering European defence capabilities; enourages greater coordination with transatlantic Allies and NATO in this respect; considers that taking greater responsibility for European Security requires Member States and the EU to be able to provide a minimum of 50% of the capabilities required to deter Russia from further aggression towards its neighbours and Member States no later than 2030 ; calls on the EU and its Member States to deliver on this commitment by accelerating the full implementation of the Strategic Compass in order to make the European Union a stronger and more capable security provider;
Amendment 230 #
2023/2119(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Encourages Member States to maintain the principle of nominating national specialists as candidates for CSDP mission staff from EU Member States bordering EaP countries or who have experience with the transformation of former communist services;
Amendment 232 #
2023/2119(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Encourages Member States to each deploy personnel to CSDP Missions in EaP countries to ensure all Member States are represented in missions throughout the region and to encourage greater third country participation in these missions, particularly from third countries who have hosted successfully completed CSDP missions in former communist countries;
Amendment 235 #
2023/2119(INI)
9c. Considers the recent outbreak of hostilities between Armenia and Azerbaijan to have likely been tacitly approved and coordinated by Russia in an effort to further destabilize the region, thwart mediation efforts of the EU and undermine attempts at European accension; therefore recommends the expansion of the number of the EUMA observers and their outfitting with additional capabilities to better support EUMA mission objectives;
Amendment 237 #
2023/2119(INI)
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
Amendment 271 #
2023/2119(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the VP/HR and Member States to deliver more robust, flexible and modular CSDP missions and operations, that can adapt to the changing security context and that build on the synergies and complementarities of civilian and military dimensions of CSDP; welcomes the adoption of the new Civilian CSDP Compact and the commitment to increase the effectiveness, flexibility and responsiveness of civilian missions, including through speeding up decision making, strengthening operational planning, improving selection and recruitment of personnel, integrating the effort to combat the illicit trafficking of cultural goods, emphasising greater gender equality and improving responsiveness tools;
Amendment 311 #
2023/2119(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Encourages Member States to use the third country PESCO agreement over military mobility as a template for EaP country participation with an emphasis on tailoring PESCO projects to CSDP mission needs, particularly the development of highly encrypted secure civilian communication systems that can enable deeper cooperation with the commercial sector during crises, vital in countries across the EaP region where espionage is high;
Amendment 320 #
2023/2119(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission to increase investment across the expanding security and defence task list with a particular focus on aligning PESCO and NATO’s Defence Planning Process (NDPP), particularly as it involves third countries;
Amendment 348 #
2023/2119(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Recognises that Russia's unjustifiable military aggression against Ukraine has exposed the many layers of corruption and ineffectiveness within the Russian Armed Forces, coupled with a far reaching sanctions regime that beleaguers Russia's economic outlook; considers that these factors will likely lead to the Kremlin enhancing its defense spending in an effort to rebuild its Armed Forces and keep pace with NATO Allied defense spending, forcing the Kremlin to further rely heavily on fellow rival states such as the People's Republic of China, Iran and North Korea for its political, financial and operational objectives;
Amendment 351 #
2023/2119(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Recognizes that Georgia was the first target of Russia's full-scale military aggression and attempts to forcefully redraw the borders of a sovereign state in Europe in 2008. Stresses that even after 15 years, the Russian Federation continues its illegal occupation and effective control over the occupied territories of Georgia through its military presence, continued borderisation activities along the ABL, significant military build-up in the occupied regions, frequent illegal detentions and kidnappings of Georgian citizens and other human rights violations on the ground, posing a serious threat not only to the peace and security in the region, but also to the security architecture of Europe;
Amendment 352 #
2023/2119(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Highlights that Russia's aggression against Ukraine has emphasized the use of drones at an unprecedented scale in modern warfare, urges Member States to utilize EPF, PESCO, EDA and other available intstruments to ensure investment, development and joint procurement of Counter Unmanned Aerial System (C- UAS) and Airborne Electronic Attack (AEA) are prioritized and to integrate C- UAS and AEA into the strategic doctrine of CSDP military training missions;
Amendment 353 #
2023/2119(INI)
Motion for a resolution
Paragraph 19 d (new)
Paragraph 19 d (new)
19d. Highlights the need to ensure the security of the Black Sea region by assisting in the demining of Ukraine's seawaters and to encourage Member States to offer training exercises in this regard with an emphasis on the development of Maritime Mine Counter Measure Capabilities and Critical Seabed Infrastructure Protection;
Amendment 354 #
2023/2119(INI)
Motion for a resolution
Paragraph 19 e (new)
Paragraph 19 e (new)
19e. Recognises that the supply of thousands of Shahed drones from the Islamic Republic of Iran to Russia has further cemented Iran’s role as a pariah state, accompanied with the potential for IRGC military intervention in Ukraine to support Moscow’s war aims, while Russia’s ongoing support from countries such as North Korea and China further demonstrate its unwavering hostility to international laws and norms;
Amendment 359 #
2023/2119(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights that China has established a ‘no-limits friendship’ with Russia, that includes significant transfer of technology and military capabilities, and poses an increasing number of security challenges to the EU, especially in the fields of cyber and FIMI; stresses the need for the EU to aid Member States in strengthening the security and integrity of its critical infrastructures, supply chains and technology base, ensure access to critical raw materials devoid of any involvement of Chinese firms, including through close monitoring of their ownership and control by actors linked to the Chinese government;
Amendment 367 #
2023/2119(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls for heightened attention to China’s escalating hybrid warfare tactics in the Indo-Pacific, particularly pertaining to Taiwan, acknowledges that the potential repercussions of destabilisation in the region would resonate far beyond the Taiwan Strait and directly impact the security of the EU;
Amendment 370 #
2023/2119(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Stresses the importance of developing regular dialogue, cooperation, and capacity building with Allies in the Indo-Pacific, notably Australia, New Zealand, Japan, South Korea and Taiwan, which possesses substantive expertise and employ scientific methods to counter Chinese cyberattacks and FIMI based on its extensive experience, technological advantages, and proximity to China; considers information exchange, burden-sharing, and strategic alignment with these Allies as an essential step in order to optimise the use of the EU’s limited resources;
Amendment 372 #
2023/2119(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Recognises that the China-Russia ‘No Limits’ Partnership will continue to grow, with China taking advantage of the political and economic opportunities created by the war while increasing its hostility to its neighbours, increasing its military cooperation with Russia and undertaking sustained efforts to infiltrate and undermine democratic developments and business practices in various Member States;
Amendment 375 #
2023/2119(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for supplementary progress on further improving the EU Hybrid Toolbox, specifically addressing activities involving cyber-attacks and FIMI, and the revision of the implementing guidelines of the EU’s cyber diplomacy toolbox; welcomes the commitment set out in the new Civilian Compact to provide the necessary capabilities to enable civilian CSDP missions to respond to hybrid attacks, including FIMI and cyber, by 2024; reiterates the need for ensuring the existence of the expertise and capacity for secure information and communications technologies for all CSDP missions and operations to communicate securely in theatre and with all EU institutions; recognises the important role that emerging disruptive technologies such as quantum computing and Artificial Intelligence will play in this regard; calls for increasing the resilience of all CSDP missions and operations to CBRN;
Amendment 377 #
2023/2119(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Urges the EU to continue active engagement and take decisive steps through its important instruments to ensure that Russia fulfils its obligations under the EU-mediated 12 August 2008 Ceasefire Agreement, in particular to withdraw all its military forces from Georgia’s occupied territories, deploy international security mechanisms inside both Georgian regions and to allow the EU Monitoring Mission’s unhindered access to the whole territory of Georgia, to engage constructively in the Geneva International Discussions (GID) and Incident Prevention and Response Mechanisms (IPRMs); calls on the EEAS to prepare a thorough report of violations of the 12 August 2008 ceasefire agreement, identify and communicate clearly the provisions which have still not been fulfilled by the Russian Federation and submit recommendations; considers the need to ensure Russia's withdraw of military forces from Georgia’s occupied territories as a key security objective and allow the establishment of an international security mechanism in these territories; urges the EU to promote the unimpeded access of the EU Monitoring Mission to Georgia’s territories occupied by Russia according to the Mission’s mandate; to support the extension of its mandate and strengthening its capacities in order to address properly the security and humanitarian needs of the local population in conflict-affected areas;
Amendment 390 #
2023/2119(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Reiterates the EU’s support for the sovereignty and territorial integrity of the Republic of Moldova and for the efforts in the framework of the 5+2 negotiation process to reach a peaceful, lasting, comprehensive, political settlement of the Transnistrian conflict, based on the respect for the sovereignty and territorial integrity of the Republic of Moldova within its internationally recognized borders, with a special status for Transnistria, that would ensure the protection of human rights also on the territories currently not controlled by constitutional authorities; reminds that the UN General Assembly adopted on 22 June 2018 a resolution urging the Russian Federation to withdraw its troops and armaments unconditionally from the territory of the Republic of Moldova and reaffirming the support for the immediate implementation of that resolution;
Amendment 395 #
2023/2119(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Expresses concern that Transnistria continues to serve as a safe haven for human smugglers and organized crime while recognising that EUBAM plays an important role in helping to re-open rail freight through Transnistria that had been suspended for six years and in 2020 aided in launching a direct dialogue between Tiraspol and Chisinau; recognises that from 2020-2021 EUBAM thwarted multiple smuggling operations, seizing copious amounts of ammunition, tobacco, alcohol, ethanol and heroin and encourages EUBAM to expand its collaboration with multiple international organisations including Europol, FRONTEX and OSCE via its Arms Working Group, ORIO II Joint Operations and ‘EU 4 Border Security’ initiatives;
Amendment 404 #
2023/2119(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Welcomes the Cyber Solidarity Act and its importance to Member States cyber defense capabilities; supports the promotion of platforms for information sharing and analysis and calls for this to be expanded to include the provision of threat or vulnerability intelligence with Cross Border Security Operations Centers (SOCs); calls for a clearer funding plan that specifies the amount of funds that will be used towards implementing the act;
Amendment 412 #
2023/2119(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the need for enhanced intelligence sharing and information exchange among Member States and EU institutions, including Parliament, to improve situational awareness, counter security threats and better inform policy making; calls on the VP/HR and the Member States to reinforce the Single Intelligence Analysis Capacity (SIAC); considers close collaboration with NATO's Joint Force Command Centers and the better utilization of PESCO projects as intrumental to these objectives;
Amendment 418 #
2023/2119(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Encourages cyber security projects be expanded to include third countries that have been affected by Russia’s disinformation campaigns and cyber warfare; Emphasizes the destabilizing impact of Russian disinformation and propaganda campaigns against Member States and CSDP Mission Headquarters that seek to sow discord and resentment against the Armed Forces of Member States and CSDP missions; notes with particular concern Russian cyber warfare and disinformation campaigns in Ukraine, Moldova and across the Sahel region which have had a adversely negative effect on CSDP mission objectives;
Amendment 445 #
2023/2119(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines the importance of the partnership dimension of the Strategic Compass in reinforcing cooperation between the EU and its allies and partners around the world in order to counter foreign strategies aimed at undermining the EU and destabilising the rules-based international order; welcomes the long- awaited third Joint Declaration on EU- NATO Cooperation which confirmed that the EU and NATO are essential partners who share common values and strategic interests, and who work in complementarity to ensure Euro-Atlantic and global security and stability; calls in particular for synergies and coherence between NATO’s Strategic Concept and the EU’s Strategic Compass, particularly in the areas of countering Russian aggression, hybrid and cyber warfare, and providing support to partnerensuring maritime security in the Black Sea and providing support to partners; calls on the EU to elaborate, together with NATO, an integrated approach towards the Black Sea with a view to strengthening partnership in the areas of security, energy and connectivity; calls on the EU to redouble joint efforts by the EU and NATO to build deterrence and resilience of the Eastern Neighborhood countries by developing maritime defense capabilities, enhancing maritime interoperability, provision of capabilities to deter and defend against cyber intrusions and attacks, expanding intelligence sharing, and maintaining modern outfitting of national Armed Forces;
Amendment 459 #
2023/2119(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Recognises CSDP as an opportunity for third countries hosting CSDP missions to also aid Euro-Atlantic security objectives and demonstrate their capacity to provide security to others via their participation in out-of-area CSDP missions and operations; takes into account the valuable contribution of third countries such as Georgia who have deployed over 600 servicemen to serve in CSDP missions in the Sahel region, notably EUFOR RCA, EUTM RCA, EUMAM RCA & EUTM Mali; encourages Member States to expand support mechanisms for EaP country participation in CSDP missions when deemed appropriate;
Amendment 467 #
2023/2119(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Expresses deep concern about China’s increasingly aggressive behaviour against its neighbours, particularly its activities in the Taiwan Strait, including its 1,727 fighter jet incursions into Taiwan’s Air Defense Identification Zone in 2022, which is undermining the status quo in the Taiwan Strait;
Amendment 470 #
2023/2119(INI)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Condemns China’s disruptive activities in the South China Sea, including island-building, harassment, and dangerous manoeuvres conducted by its navy, coast guard, and maritime militia. These actions have raised tensions with neighbouring countries and threatened maritime security in one of the most important global trade routes. Calls for greater Coordinated Maritime Presences (CMP) and capacity building with the EU’s partners in the region;
Amendment 473 #
2023/2119(INI)
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26d. Encourages CSDP HQ’s in EaP countries to call for closer synergies with national Joint Training and Evaluation Centres in EaP countries;
Amendment 475 #
2023/2119(INI)
Motion for a resolution
Paragraph 26 e (new)
Paragraph 26 e (new)
26e. Calls on the Civilian Planning and Conduct Capability (CPCC), EU Military Committee (EUMCC) and EU Military Staff to develop a model for generating and sharing best practice campaign/mission planning concepts that are shared at the earliest stage possible with partners vital to campaign success;
Amendment 476 #
2023/2119(INI)
Motion for a resolution
Paragraph 26 f (new)
Paragraph 26 f (new)
26f. Calls on the CPCC and EUMCC to ensure that CSDP SSR efforts support established educational trainings of Ministerial officials such as the Professional Development Program (PDP);
Amendment 477 #
2023/2119(INI)
Motion for a resolution
Paragraph 26 g (new)
Paragraph 26 g (new)
26g. Calls on the CPCC and EU Military Planning and Conduct Capability (MPCC) to emphasise the professional civil-military education of all staff in CSDP missions by utilizing the European Security and Defence College to help shape the expertise of civil and defence professionals to ensure that CSDP personnel can better recognise and respond to the complexity of security challenges evident in EaP and other countries;
Amendment 478 #
2023/2119(INI)
Motion for a resolution
Paragraph 26 h (new)
Paragraph 26 h (new)
26h. Calls on the Commission, EEAS, CPCC and EUMCC to better adapt to building interagency Working Groups with exercising and training used to help develop best practice interagency cooperation and the robust cross-function personal relationships critical to effective civ-mil partnerships in places like EaP countries;
Amendment 479 #
2023/2119(INI)
Motion for a resolution
Paragraph 26 i (new)
Paragraph 26 i (new)
26i. Calls on the EEAS to coordinate assessment reports and political messaging with NATO Liaison Offices in EaP countries;
Amendment 480 #
2023/2119(INI)
Motion for a resolution
Paragraph 26 j (new)
Paragraph 26 j (new)
26j. Encourages Member States who share both EU & NATO Membership leading different NATO Capacity Building Initiatives with EaP countries to ensure training efforts and transfer of best practices are coordinated with the EU MPCC and CPCC;
Amendment 481 #
2023/2119(INI)
Motion for a resolution
Paragraph 26 k (new)
Paragraph 26 k (new)
26k. Calls on the EEAS, MPCC, CPCC and CSDP HQ’s to foster a new culture of understanding between civilian and military partners based on enhanced institutional relationships and shared awareness and assessment in an effort to develop a comprehensive planning framework and culture;
Amendment 482 #
2023/2119(INI)
Motion for a resolution
Paragraph 26 l (new)
Paragraph 26 l (new)
Amendment 483 #
2023/2119(INI)
Motion for a resolution
Paragraph 26 m (new)
Paragraph 26 m (new)
26m. Calls on the Commission and EEAS to increase the visibility of CSDP Missions in EaP via inclusion in their political messaging, publicly accessible documents and engagements with the international press;
Amendment 490 #
2023/2119(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Welcomes the effective high-level EU-Georgia Strategic Security Dialogue as well as a dedicated format for consultations on the CSDP issues and calls on the EU to further engage in security cooperation with Georgia and other associated countries across the priority areas identified in the Strategic Compass, notably in strengthening resilience of local security sectors in the area of crisis management, including preparedness for large scale and multi- sectorial maritime and CBRN incidents, and in countering hybrid threats as well as upgrading capacities of cybersecurity institutions; calls on the EU to facilitate with Associated countries an enhanced cooperation with the EU Satellite Center, the European Defence Agency (EDA) and the EU Cyber Security Agency – ENISA with the aim to conclude relevant working arrangements; believes that the participation of Associated countries and NATO Allies in the PESCO projects, subject to the agreement by the EU member states, stands as a strong contribution to promoting compatibility of security and defence sector between third countries and EU standards as well as sharing experience, intelligence and technical expertise in various domains;
Amendment 518 #
2023/2119(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Requests the EEAS to provide in the confidential mode the EUMA reports on the situation on the ground with the Committee of the Foreign Affairs (AFET) and Subcommittee on the Security and Defence (SEDE) of the European Parliament;
Amendment 32 #
2023/2068(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas there is no clear common definition of neither hate speech nor hate crime and the Cmmission did not present any such definition in its Communication;
Amendment 34 #
2023/2068(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the rights to freedom of expression, to information and to public participation, are among the cornerstones of democracy; whereas freedom of expression is indispensable for the realisation of the principles of transparency and accountability;
Amendment 41 #
2023/2068(INI)
Motion for a resolution
Recital C
Recital C
C. whereas hate speech and hate crime are not particularly serious crimes within the meaning of Article 83 (1) TFEU and affect not only the individual victims and their communities, causing them suffering and limiting their fundamental rights and freedoms, but also society as a whole, undermining the foundations of the EU;
Amendment 55 #
2023/2068(INI)
Motion for a resolution
Recital E
Recital E
E. whereas in the last few decades there has been a sharp rise in discrimination, hate crime and hate speech across the EU4 , an increase in various forms of racism, xenophobia and other forms of intolerance and an alarming spike in online and offline hate speech and incitement; whereas this is being exacerbated in many Member States by extremist and populist movements and the multiplier effect of the online environment and social media, which favours revictimisation; _________________ 4 See, for instance, the Annual Report on ECRI’s activities covering the period from 1 January to 31 December 2019 and the Annual Report on ECRI’s activities covering the period from 1 January to 31 December 2020, and the study commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs entitlparadigm shift, and as a result, statements of a critical or evaluative nature that functioned in public discourse are now considered ‘Hhate speech and hate crime in the EU and the evaluation of online content regulation approaches’, July 2020.in some communities;
Amendment 88 #
2023/2068(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the cross-border component of hate speech and hate crime is not clear; whereas the digital transformation highlights the need to address this phenomenon at a European level and it was not explained sufficiently by the Commission;
Amendment 92 #
2023/2068(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the response of EU criminal law to hate speech and hate crime should be strong and proportionate in orderleft for the Member States that are best equipped to duly protect the victim and give due weight to freedom of expression in particular circumstances and taking into account the traditions, customs, constitutional orders and national identities of the individual Member States;
Amendment 103 #
2023/2068(INI)
Motion for a resolution
Recital L
Recital L
L. whereas social dynamics change and can generate new motivations for hate speech and hate crime that have to be addressed by the common EU framework; this should not mean that any situation where someone feels offended by someone's religious, biological or factual comments is considered hate speech;
Amendment 110 #
2023/2068(INI)
Motion for a resolution
Recital N
Recital N
N. whereas this Council decision would be a first step in creating the necessary legal basis to adopt, as a second step, a common legal framework to combat hate speech and hate crime across the EU; whereas such a common legal framework is urgentlynot needed to combat hate speech and hate crime on a common European basis in order to ensure consistent protection of the potential victims of such acts across the Unionas it should remain in competence of every Member State;
Amendment 124 #
2023/2068(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Urges the Council not to adopt a decision to include hate speech and hate crime as a criminal offence within the list under Article 83(1) TFEU, so that the Commission can initiate the second stage of the procedure;
Amendment 129 #
2023/2068(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. stresses that there are significant differences between existing eurocrimes and the proposed new ones, in particular, there is no "tolerable level" of, for example, terrorism or human trafficking, but in the case of verbal speech, there would be a line separating freedom of speech from hate speech;
Amendment 132 #
2023/2068(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that Member States’ criminal laws deal with hate speech and hate crime in different ways, that minimum rules exist only when such crimes are based on race, skin colour, religion or national or ethnic origin, which makes it difficult to implement a successful common strategy to combat hatredaking into account their national identities, constitutional orders and traditions;
Amendment 157 #
2023/2068(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. DeplorPraises the fact that Article 83 TFEU requires unanimity in the Council, and calls for the passerelle clause to be activbecause changes in such key areas cannot be made against the will of even one of the Member Stateds;
Amendment 167 #
2023/2068(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that freedom of expression should not be exploited as a shield for hate speech and hate crimes, but neither should it be unjustifiably restricted; strongly emphasizes that it is the Member States that are best able to define such boundaries with respect to the principles of subsidiarity and proportionality, taking into account the specific circumstances of the constitutional order and national identity;
Amendment 175 #
2023/2068(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 182 #
2023/2068(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 7 #
2023/0272(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Following the conclusion reached by the Commission in its report42 and its subsequent Impact Assessment43 , the Commission found it appropriate to present a legislative proposal, in accordance with Article 19(3) of Regulation (EU) 2017/852, on the phasing out of the use of dental amalgam and the prohibition of the manufacturing and export of dental amalgam and certain mercury-containing lamps. _________________ 42 Report from the Commission to the European Parliament and the Council on the reviews required under Article 19(1) of Regulation 2017/852 on the use of mercury in dental amalgam and products, COM(2020) 378 final, 17.08.2020. 43 Commission Staff Working Document – Impact Assessment Report – Impact Assessment Accompanying the document ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury as regards dental amalgam and other mercury-added products subject to manufacturing, import and export restrictions’. SWD (2023) 395
Amendment 14 #
2023/0272(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Considering the availability of mercury-free alternatives, it is appropriate to prohibit the use of dental amalgam for dental treatment of all members of the population, whilst maintaining the possibility of using dental amalgam for patients with specific medical needs. In order to prevent dental amalgam, which is prohibited on the Union market, being manufactured for export from the Union, it is necessary to prohibit the manufacture and export of dental amalgam. Article 10 of Regulation (EU) 2017/852 should therefore be amended accordingly.
Amendment 50 #
2023/0272(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EU) 2017/852
Article 10 paragraph 2 a (new)
Article 10 paragraph 2 a (new)
2a. From 1 January 202530, dental amalgam shall not be used for dental treatment of any member of the population, except when deemed strictly necessary by the dental practitioner based on the specific medical needs of the patient.;
Amendment 51 #
2023/0272(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2017/852
Article 10 paragraph 7 (new)
Article 10 paragraph 7 (new)
Amendment 74 #
2023/0272(COD)
Proposal for a regulation
Annex – paragraph 1 – point 3
Annex – paragraph 1 – point 3
Regulation (EU) 2017/852
Annex II – part A – point 5 a (new)
Annex II – part A – point 5 a (new)
Mercury-added products Date from which the export, import and manufacturing of the mercury-added products are prohibited 5a. High pressure mercury sodium (vapour) lamps 31.12.2025 (HPS) for general lighting purposes with: (a) P ≤ 105 W exceeding 16 mg Hg (b) 105 W < P ≤ 155 W exceeding 20 mg Hg (c) P > 155 W exceeding 25 mg Hg
Amendment 232 #
2023/0227(COD)
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2 – point f
Article 52 – paragraph 1 – subparagraph 2 – point f
(f) characteristics that enhance the sustainability ofacross the agrifood value chain or of cultivation, harvesting, storage, processing, and distribution;, and use or any other characteristic contributing to sustainability that is supported by scientific evidence.
Amendment 31 #
2023/0226(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on plants obtained by certain new genomicprecision breeding techniques and their food and feed, and amending Regulation (EU) 2017/625 (Text with EEA relevance)
Amendment 170 #
2023/0226(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Category 1 NGT plants and products shouldmust not be subject to the rules and requirements of the Union GMO legislation and to provisions in other Union legislation that apply to GMOs. For legal certainty for operators and transparency, a declaration of the category 1 NGT plant status should be obtained prior to deliberate release, including the placing on the market.
Amendment 217 #
2023/0226(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 244 #
2023/0226(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Provision should be made to ensure transparency as regards the use of category 1 NGT plant varieties, to ensure that production chains that wish to remain free from NGTs can do so and thereby safeguard consumer trust. NGT plants that have obtained a category 1 NGT plant status declaration should be listed in a publicly available database. To ensure traceability, transparency and choice for operators, during research and plant breeding, when selling seed to farmers or making plant reproductive material available to third parties in any other way, plant reproductive material of category 1 NGT plants should be labelled as category 1 NGTall be indicated by a mention in the national and EU variety registers.
Amendment 306 #
2023/0226(COD)
Proposal for a regulation
Recital 36
Recital 36
Amendment 320 #
2023/0226(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to enable NGT plants to contribute to the sustainability objectives of the Green Deal and the Farm to Fork and Biodiversity Strategies, cultivation of NGT plants in the Union should be facilitated. This requires predictability for breeders and farmers as regards the possibility to cultivate such plants in the Union. Therefore, the possibility for Member States to adopt measures restricting or prohibiting the cultivation of both category 2ies of NGT plants in all or part of their territory, set out in Article 26b of Directive 2001/18/EC would undermine those goals.
Amendment 327 #
2023/0226(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To achieve the goal of ensuring the effective functioning of the internal market, NGT plants and related products should benefit from the free movement of goods, provi and the free movement of NGT plant products across the EU, the deliberate release of NGT plants and placing on the market of NGT products should be based on the harmonized requirements and procedures laid down in this Regulation, leading to the adoption of a decision uniformly applicable to all Member States. Member States shall not unilaterally derogate from the provisions set out in this Regulation in a way that would restrict, prohibit or hindedr they comply with the requirements of other free movement, placing on the market and deliberate release of NGT plants or related products within the territory of the Union law.
Amendment 393 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘NGT plant’ means a genetically modified plantplant as set out in Regulation (EU) 2016/2031 of the European Parliament and of the Council(2), obtained by targeted mutagenesis or cisgenesis, or a combination thereof, on the condition that it does not contain any genetic material originating from outside the breeders’ gene pool that temporarily may have been inserted during the development of the NGT plant;
Amendment 402 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘targeted mutagenesis’ means mutagenesis techniques resulting in modification(s) of the DNA sequence at precisetargeted locations in the genome of an organism;
Amendment 411 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘breeders’ gene poolgene pool for breeding purposes’ means the total genetic information available in one species and other taxonomic species with which it can be cross-bred, including by using advanced techniques such as embryo rescue, induced polyploidy and bridge crosses;
Amendment 433 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7a) Therefore, these plants are subject to Community Plant Variety Rights (CPVR);
Amendment 434 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 b (new)
Article 3 – paragraph 1 – point 7 b (new)
(7b) Products for which it is not feasible to provide an analytical method that detects, identifies and quantifies;
Amendment 475 #
2023/0226(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
(2) the plant is a category 2 NGT plant and has been granted consent or has been authorised in accordance with Chapter III.
Amendment 494 #
2023/0226(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 516 #
2023/0226(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Verification procedure of category 1 NGT plant status prior to the deliberate release for any other purpose than placing on the market
Amendment 561 #
2023/0226(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. If the verification request is not deemed inadmissible in accordance with paragraph 5, the competent authority shall verify whether the NGT plant fulfils the criteria set out in Annex I and prepare a verification report within 30 working days from the date of receipt of a verification request. The competent authority shall make available the verification reportasks the European Food Safety Authority (‘the Authority’) for scientific opinion on the verification report and shall make it available to the other Member States and to the Commission without undue delay.
Amendment 573 #
2023/0226(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The other Member States and the Commission may make commentsAuthority shall issue its scientific opinion to the verification report within 230 days from the date of receipt of that report.
Amendment 575 #
2023/0226(COD)
Proposal for a regulation
Article 6 – paragraph 8
Article 6 – paragraph 8
Amendment 585 #
2023/0226(COD)
Proposal for a regulation
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 595 #
2023/0226(COD)
Proposal for a regulation
Article 6 – paragraph 10
Article 6 – paragraph 10
10. The Ccommission, after having consulted the European Food Safety Authority (‘the Authority’), shall prepare a draft decision declaring whether the NGT plant is a category 1 NGT plantpetent authority shall adopt its decision based on the EFSA´s opinion within 4520 working days from the date of receipt of the comment(s), taking the latter iEFSA´s opinion. The competento account. The decision shall be adopted in accordance with the procedure referred to in Article 28(2)uthority shall transmit the decision without undue delay to the requester, the other Member States and to the Commission.
Amendment 607 #
Amendment 661 #
2023/0226(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Free movement Member States shall not prohibit, restrict or impede the deliberate release or the placing on the market of category 1 NGT plants and related products, which comply with the requirements of this Regulation.
Amendment 708 #
2023/0226(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 712 #
2023/0226(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Plant reproductive material, including for breeding and scientific purposes, that contains or consists of category 1 NGT plant(s) and is made available to third parties, whether in return for payment or free of charge, shall bear a labelmention in national variety register automatically transmitted in the EU common register provided for in PRM/FRM indicating the words ‘cat 1 NGT’, followed by the identification number of the NGT plant(s) it has been derived from.
Amendment 1053 #
2023/0226(COD)
Proposal for a regulation
Annex I – paragraph 1
Annex I – paragraph 1
A NGT plant prepared by new genomic techniques is considered equivalent to a conventional plants when if it differs from the recipient/parental plant by no more than 20only by genetic modifications of the types referred to in points 1 to 5, in any DNA sequence sharing sequence similarity with the targeted site that can be predicted by bioinformatic tools2 which can be combined with each other.
Amendment 1065 #
2023/0226(COD)
Proposal for a regulation
Annex I – point 1 a (new)
Annex I – point 1 a (new)
(1a) Criteria specific for the use of targeted mutagenesis on the condition that the number of mutations events per any protein-coding sequence does not exceed 3: (a) substitution or insertion of no more than 20 nucleotides; (b) deletion of any number of nucleotides; (2) Criteria specific for the use of cisgenesis on the condition that the genetic modification does not create a chimeric protein that is not already present in a species from the breeders’ gene pool: (a) insertion of a continuous DNA sequence existing in the breeders’ gene pool; (b) substitution of an endogenous DNA sequence with a contiguous DNA sequence existing in the breeders’ gene pool; (c) inversion or translocation of a continuous endogenous DNA sequence existing in the breeders’ gene pool.
Amendment 1068 #
2023/0226(COD)
Proposal for a regulation
Annex I – point 2
Annex I – point 2
Amendment 1073 #
2023/0226(COD)
Proposal for a regulation
Annex I – point 3
Annex I – point 3
Amendment 1076 #
2023/0226(COD)
Proposal for a regulation
Annex I – point 3 – point a
Annex I – point 3 – point a
Amendment 1084 #
2023/0226(COD)
Proposal for a regulation
Annex I – point 3 – point b
Annex I – point 3 – point b
Amendment 1093 #
2023/0226(COD)
Proposal for a regulation
Annex I – point 4
Annex I – point 4
Amendment 1098 #
2023/0226(COD)
Proposal for a regulation
Annex I – point 5
Annex I – point 5
Amendment 1178 #
2023/0226(COD)
Proposal for a regulation
Annex III – Part 1 – paragraph 1 – point 3
Annex III – Part 1 – paragraph 1 – point 3
(3) tolerance/resistance to abiotic stresses, including those created or exacerbated by climate change conditions;
Amendment 135 #
2023/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 c (new)
Article 1 – paragraph 1 – point 1 c (new)
Directive 2001/110/EC
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
(1c) In Article 2, paragraph 2, subparagraph 1 is replaced by the following: "2. the product names referred to in Annex I, points 2 and 3, shall apply only to the products defined therein and shall be used in trade to designate them. These names may be replaced by the simple product name "honey", except in the case of filtered honey, comb honey, chunk honey or cut comb in honey and baker's honey. comb honey, honey with pieces of comb and industrial honey." Or. en (02001L0110)
Amendment 174 #
2023/0105(COD)
(b) For the purpoExcept in the cases of Regulation (EU) No 1169/2011 and in particular Articles 12 to 15 thereof, the particulars to be indicated according to point (a) of this paragraph shall be considered as mandatory particulars in accordance with Article 9 of that Regulation.honey intended for industry, these names may be supplemented by indications relating to: (a) floral or vegetable origin, if the product comes entirely or essentially from the origin indicated and has the organoleptic, physico-chemical and microscopic characteristics thereof, (b) regional, territorial or topographical origin, if the product comes entirely from the origin indicated, (c) specific quality criteria.
Amendment 183 #
2023/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 d (new)
Article 1 – paragraph 1 d (new)
Directive 2001/110/EC
Article 3
Article 3
Article 3 In the case of filtered honey and baker's honeis replaced by the following: "Article 3 In the case of honey intended for industry, bulk containers, packs and tradeaging and sales documentsation shall clearly indicate the full product name, as referred to in Annex I, point 2(b)(viii), and point 3. set out in point 3 of Annex I." Or. en (02001L0110)
Amendment 186 #
2023/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Directive 2001/110/EC
Article 4 – paragraph 1
Article 4 – paragraph 1
In Article 4, paragraph 1 is replaced by the following: "1. For the purposes of the second subparagraph of Article 9 of this Directive, the Commission mayshall, taking into account international standards and technical progress, establish, by means of implementing acts that areadopted in accordance with Regulation (ECU) No 882/2004 of the European Parliament and of the Council ( 8 ), set out2017/625, methods of analysis to verify whetherthat honey is compliantes with the provisions of this Directiveis Directive. The Commission shall be assisted by a dedicated European Union reference laboratory or centre to be established in accordance with Title III of Regulation (EU) 2017/625. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 7(2) of this Directive. Until not later than 3 years from the entry into force of this Directive. Pending the adoption of such methods, Member States shall, whenrever possible, use internationally recognised validated methods of analysis, such as those approved by the Codex Alimentarius to verify compliance with the provisions of this Directive. or, where appropriate, others in accordance with Article 34 of Regulation (EU) 2017/625, as amended, to verify compliance with this Directive." Or. en (02001L0110)
Amendment 287 #
2023/0105(COD)
Proposal for a directive
Annex I – paragraph 1 – point 1 – point b – point ii – indent 2
Annex I – paragraph 1 – point 1 – point b – point ii – indent 2
Directive 2001/112
Annex I – Part II – point 3 – indent 14
Annex I – Part II – point 3 – indent 14
– Processes to remove naturally occurring sugars, to the extent that they maintain all the other essential physical, chemical, organoleptical and nutritional characteristics of an average type of juice of the fruit from which it comes: membrane filtration, yeast fermentation, enzymatic process. The Commission shall be empowered to adopt delegated acts aimed at clarifying the methodology and criteria for the authorised processes.;
Amendment 298 #
2023/0105(COD)
Proposal for a directive
Annex II – paragraph 1 – point 1 – point a
Annex II – paragraph 1 – point 1 – point a
Directive 2001/113/EC
Annex I – part I – indent 1 – subparagraph 3 – indent 1
Annex I – part I – indent 1 – subparagraph 3 – indent 1
– 450375 g as a general rule,
Amendment 300 #
2023/0105(COD)
Proposal for a directive
Annex II – paragraph 1 – point 1 – point a
Annex II – paragraph 1 – point 1 – point a
Directive 2001/113/EC
Annex I – part I – indent 1 – subparagraph 3 – indent 2
Annex I – part I – indent 1 – subparagraph 3 – indent 2
– 350275 g for redcurrants, rowanberries, sea-buckthorns, blackcurrants, rosehips and quinces,
Amendment 302 #
2023/0105(COD)
Proposal for a directive
Annex II – paragraph 1 – point 1 – point a
Annex II – paragraph 1 – point 1 – point a
Directive 2001/113/EC
Annex I – part I – indent 1 – subparagraph 3 – indent 3
Annex I – part I – indent 1 – subparagraph 3 – indent 3
– 250175 g for ginger,
Amendment 304 #
2023/0105(COD)
Proposal for a directive
Annex II – paragraph 1 – point 1 – point a
Annex II – paragraph 1 – point 1 – point a
Directive 2001/110/EC
Annex I – part I – indent 1 – subparagraph 3 – indent 4
Annex I – part I – indent 1 – subparagraph 3 – indent 4
– 23180 g for cashew apples,
Amendment 306 #
2023/0105(COD)
Proposal for a directive
Annex II – paragraph 1 – point 1 – point a
Annex II – paragraph 1 – point 1 – point a
Directive 2001/113/EC
Annex I – part I – indent 1 – subparagraph 3 – indent 5
Annex I – part I – indent 1 – subparagraph 3 – indent 5
– 870 g for passion fruit.
Amendment 308 #
2023/0105(COD)
Proposal for a directive
Annex II – paragraph 1 – point 1 – point a
Annex II – paragraph 1 – point 1 – point a
Directive 2001/113/EC
Annex I – part I – indent 2 – subparagraph 4 – indent 1
Annex I – part I – indent 2 – subparagraph 4 – indent 1
– 5500 g as a general rule,
Amendment 310 #
2023/0105(COD)
Proposal for a directive
Annex II – paragraph 1 – point 1 – point a
Annex II – paragraph 1 – point 1 – point a
Directive 2001/113/EC
Annex I – part I – indent 2 – subparagraph 4 – indent 2
Annex I – part I – indent 2 – subparagraph 4 – indent 2
– 450375 g for redcurrants, rowanberries, sea-buckthorns, blackcurrants, rosehips and quinces,
Amendment 312 #
2023/0105(COD)
Proposal for a directive
Annex II – paragraph 1 – point 1 – point a
Annex II – paragraph 1 – point 1 – point a
Directive 2001/113/EC
Annex I – part I – indent 2 – subparagraph 4 – indent 3
Annex I – part I – indent 2 – subparagraph 4 – indent 3
– 350275 g for ginger,
Amendment 314 #
2023/0105(COD)
Proposal for a directive
Annex II – paragraph 1 – point 1 – point a
Annex II – paragraph 1 – point 1 – point a
Directive 2001/113/EC
Annex I – part I – indent 2 – subparagraph 4 – indent 4
Annex I – part I – indent 2 – subparagraph 4 – indent 4
– 2960 g for cashew apples,
Amendment 316 #
2023/0105(COD)
Proposal for a directive
Annex II – paragraph 1 – point 1 – point a
Annex II – paragraph 1 – point 1 – point a
Directive 2001/113/EC
Annex I – part I – indent 2 – subparagraph 4 – indent 5
Annex I – part I – indent 2 – subparagraph 4 – indent 5
– 1090 g for passion fruit.;
Amendment 76 #
2023/0042(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to contribute to the reduction in net greenhouse gas emissions of at least 55 % by 2030 compared to 1990 and in conformity with the energy efficiency first principle, it is necessary to strengthenassess the reduction requirements set out in Regulation (EU) 2019/1242 for heavy-duty vehicles. A clear pathway also needs to be set for further reductions beyond 2030 to contribute to achieving the climate neutrality objective by 2050.
Amendment 81 #
2023/0042(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The strengthened CO2 emission reduction requirements should incentivise an increasing share of zero-emission vehicles being deployed on the Union market whilst providing benefits to users and citizens in terms of air quality and energy savings, as well as ensuring that innovation in the automotive value chain can be maintained. Zero-emission vehicles currently include battery electric vehicles, fuel-cell and other hydrogen-powered vehicles, and technological innovations are continuing.
Amendment 91 #
2023/0042(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Against that background, new strengthened CO2 emission reduction targets should be set for new heavy-duty vehicles for the period 2030 onwards. Those targets should be set at a level that will deliver a strong signal to accelerateconsistent with the availability of enabling conditions, namely sufficiently dense network of alternative fuels infrastructure, with the aim of promoting the uptake of zero-emission vehicles on the Union market and to stimulate innovation in zero-emission technologies in a cost- efficient way.
Amendment 103 #
2023/0042(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The market adoption of zero- emission heavy-duty vehicles depends on the enabling conditions allowing road haulers to operate the vehicles seamlessly and more profitably than conventional diesel trucks. The availability of charging and refuelling infrastructure, effective carbon pricing measures, including road user charges differentiated by CO2 emissions, and supportive and well- synchronized vehicle regulations are crucial enabling conditions that are outside of the direct control of vehicle manufacturers. Therefore, the state of the most important enabling conditions should be monitored on an annual basis. If one or more of the enabling conditions are found to be not in line with the CO2 targets for vehicle manufacturers, the targets should be reviewed and financial penalties (excess CO2 emissions premiums) for vehicle manufacturers be waived.
Amendment 163 #
2023/0042(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The zero- and low-emission factor should last be applied for the reporting period of the year 20239, because it is no longer considered necessary after that time as an incentive toin order to continue promoteing the market entrance of zero-emission vehicles in the heavy-duty sector.
Amendment 169 #
2023/0042(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Low-entry buses which are registered only in class II are designed for interurban operations and can be clearly identified. With their interurban mission profiles they should not be subject to the zero-emission mandate for urban buses. Instead, class II low entry vehicles should be treated as high floor interurban vehicles and coaches.
Amendment 185 #
2023/0042(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) This regulation aims to accelerate the transition towards carbon neutral mobility in a technologically neutral way. As a complement to the efforts towards an increasing availability of zero emission vehicles, following consultation with stakeholders, the Commission will make a proposal for a mechanism to duly account the contribution from the use of sustainable renewable transport fuels including biofuels, biomass fuels as well as RFNBOs when assessing the compliance with CO2 emissions reductions of newly registered heavy-duty vehicles.
Amendment 220 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point i – introductory part
Article 1 – paragraph 1 – point 3 – point i – introductory part
Regulation (EU) 2019/1242
Article 3 – paragraph 1 – point 12 – point i – introductory part
Article 3 – paragraph 1 – point 12 – point i – introductory part
(i) the following points (16) to (234) are added:
Amendment 232 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point i
Article 1 – paragraph 1 – point 3 – point i
Regulation (EU) 2019/1242
Article 3 – paragraph 1 – point 23 a (new)
Article 3 – paragraph 1 – point 23 a (new)
(23a) “CO2 Neutral Fuel” means a biofuel, biogas, biomass fuel, renewable liquid and gaseous transport fuel of non biological origin (RFNBO) or a recycled carbon fuel (RCF), where the emissions of the fuel in use complies with a minimum threshold of greenhouse gas emissions savings at least 70% as laid down in Directive (EU) 2018/2001;
Amendment 260 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3a – paragraph 1 – point b
Article 3a – paragraph 1 – point b
(b) for all vehicle sub-groups for the reporting periods of the years 2030 to 2034 by 4530 %,
Amendment 286 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3a – paragraph 1 – point c
Article 3a – paragraph 1 – point c
(c) for all vehicle sub-groups for the reporting periods of the years 2035 to 2039 by 650 %,
Amendment 296 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3a – paragraph 1 – point d
Article 3a – paragraph 1 – point d
(d) for all vehicle sub-groups for the reporting periods of the years 2040 onwards by 970%.
Amendment 327 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3b – paragraph 1
Article 3b – paragraph 1
1. For vehicles referred to in point 4.2 of Annex I, manufacturers shall comply with the minimum shares of zero-emission vehicles in their fleet of new heavy-duty vehicles as laid down in point 4.3 of Annex I. For new urban buses the share of zero- emissions vehicles shall be 80% as from the reporting period of the year 2030 and 100% as from the reporting period of the year 20305.;
Amendment 379 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation (EU) 2019/1242
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Starting from 1 July 2020 and for each subsequent reporting period until the reporting period of the year 2029, the Commission shall determine for each manufacturer the zero- and low-emission factor for the preceding reporting period.
Amendment 389 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Regulation (EU) 2019/1242
Article 5 – paragraph 3
Article 5 – paragraph 3
3. For the reporting periods from 2025 to 2029onwards the zero- and low-emission factor shall be determined on the basis of a 2 % benchmark in accordance with point 2.3.2 of Annex I.;
Amendment 390 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point c
Article 1 – paragraph 1 – point 6 – point c
Regulation (EU) 2019/1242
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The zero-emission and low- emission factor shall reduce the average specific CO2 emissions of a manufacturer by a maximum of 310 %. The contribution to that factor of the zero-emission vehicles of category N, other than those in vehicles sub-groups 4-UD, 4-RD, 4-LH, 5-RD, 5- LH, 9-RD, 9-LH, 10-RD, 10-LH, shall reduce the average specific CO2 emissions of a manufacturer by a maximum of 1,53 %.;
Amendment 411 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d
Article 1 – paragraph 1 – point 9 – point d
Regulation (EU) 2019/1242
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
Emission credits and emission debts acquired in the reporting periods of the years 2025 to 2039 shall, where applicable, be carried over from one reporting period to the next reporting period. However, any remaining emission debts shall be cleared in the reporting periods of the year 2029, 2034 and 2039.;
Amendment 423 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point c
Article 1 – paragraph 1 – point 11 – point c
Regulation (EU) 2019/1242
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) where, in any of the reporting periods of the years 2025 to 2028, 2030 to 2033, 2035 to 2038 the sum of the emission debts reduced by the sum of the emission credits exceeds the emission debt limit referred to in Article 7(1), third subparagraph;
Amendment 426 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point c
Article 1 – paragraph 1 – point 11 – point c
Regulation (EU) 2019/1242
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
Amendment 430 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EU) 2019/1242
Article 13a – paragraph 1– subparagraph 1
Article 13a – paragraph 1– subparagraph 1
Starting from the reporting period of the year [PO: please insert year: if entry into force is before 1st July, insert the year of entry into force of the Regulation minus 1; if entry into force is after 30th of June, insert the following year], Member States shall monitor the data specified in Annex IV, Part A relating to new heavy-duty vehicles registered for the first time in the Union. The competent authorities shall refrain from contacting manufacturers and instead refer to the data shared with local vehicle registration authorities to fulfil their monitoring and reporting obligations under this regulation.
Amendment 437 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EU) 2019/1242
Article 14
Article 14
Amendment 441 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EU) 2019/1242
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 455 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) 2019/1242
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 465 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) 2019/1242
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
Amendment 477 #
2023/0042(COD)
Proposal for a regulation
Annex I – point 2 – point 2.1 – paragraph 3 – subparagraph 6
Annex I – point 2 – point 2.1 – paragraph 3 – subparagraph 6
Regulation (EU) 2019/1242
Annex I – point 2 – point 2.1.
Annex I – point 2 – point 2.1.
CO2pv,mp is the CO2 emissions in g/km of the primary vehicle of the new heavy-duty vehicle v, determined for a mission profile mp, reported in accordance with Articles 13a and 13b;
Amendment 495 #
2023/0042(COD)
Proposal for a regulation
Annex I – point 2 – point 2.3 – point 2.3.3 – paragraph 1
Annex I – point 2 – point 2.3 – point 2.3.3 – paragraph 1
Regulation (EU) 2019/1242
Annex I – point 2 – point 2.3
Annex I – point 2 – point 2.3
Amendment 496 #
2023/0042(COD)
Proposal for a regulation
Annex I – point 2 – point 2.3 – point 2.3.3 – paragraph 2
Annex I – point 2 – point 2.3 – point 2.3.3 – paragraph 2
Regulation (EU) 2019/1242
Annex I – point 2 – point 2.3
Annex I – point 2 – point 2.3
Amendment 512 #
2023/0042(COD)
Proposal for a regulation
ANNEX I – Paragraph 1 – Subparagraph 1.1. – Table 1.1.2.
ANNEX I – Paragraph 1 – Subparagraph 1.1. – Table 1.1.2.
Amendment 518 #
2023/0042(COD)
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1.1 – table 1.2
Annex I – paragraph 1 – subparagraph 1.1 – table 1.2
1.2. Vocational vehicles are defined by the following criteria: Vehicle category Chassis Criteria for vocational vehicles configuration N Rigid One of the following digits, as listed in Appendix 2 of Annex I to Regulation (EU) 2018/858, is used to supplement the code for bodywork indicated in entry 38 of the certificate of conformity: 09, 10, 15, 16, 17, 18, 19, 20, 23, 24, 25, 26, 27, 28, 31; Tractor Maximum speed not exceeding 79 km/h
Amendment 527 #
2023/0042(COD)
Proposal for a regulation
Annex I – paragraph 2 – subparagraph 2.1
Annex I – paragraph 2 – subparagraph 2.1
2.1. Calculation of the specific CO2 emissions of a new heavy-duty vehicle The specific emissions in g/km of a new heavy-duty vehicle v attributed to a sub-group sg or of its primary vehicle shall be calculated in accordance with the following formula: 𝐶𝑂2𝑣 = ∑𝑚𝑝𝑊𝑠𝑔,𝑚𝑝 × 𝐶𝑂2𝑣,𝑚𝑝 × (𝟏 ― 𝑪𝑪𝑭𝒊 ) 𝐶𝑂2p𝑣 = ∑𝑚𝑝𝑊𝑠𝑔,𝑚𝑝 × 𝐶𝑂2p𝑣,𝑚𝑝 × (𝟏 ― 𝑪𝑪𝑭𝒊 ) Where, ∑𝑚𝑝 is the sum over all mission profiles mp listed in Table 2; sg is the sub-group to which the new heavy-duty vehicle v has been attributed according to Section 1 of this Annex; Wsg,mp, is the mission profile weight specified in points 2.1.1 to 2.1.3; CO2v,mp is the CO2 emissions in g/km of the new heavy-duty vehicle v determined for a mission profile mp, reported in accordance with Articles 13a and 13b and normalised pursuant to Annex III; CO2pv,mp is the CO2 emissions in g/km of the primary vehicle of the new heavy-duty vehicle v, determined for a mission profile mp, reported in accordance with Articles 13a and 13b; CCFi is the Carbon Correction Factor for the fuel or blend of fuels in use i, as defined in article 3 point (25) and calculated according to paragraph 7 of this Annex. For zero-emissions motor vehicles the values of CO2v,mp and CO2pv,mp shall be set to 0.
Amendment 533 #
2023/0042(COD)
Proposal for a regulation
ANNEX I – paragraph 2 – subparagraph 2.1. – table 2.1.1.
ANNEX I – paragraph 2 – subparagraph 2.1. – table 2.1.1.
Amendment 546 #
2023/0042(COD)
Proposal for a regulation
ANNEX I – Paragraph 3 – Table 3.2.
ANNEX I – Paragraph 3 – Table 3.2.
3.2. Reference periods applicable to sub-groups Vehicle sub-group sg Reporting period of the year applicable as reference period 4-UD, 4-RD, 4-LH, 5-RD, 5-LH, 9-RD, 9-LH, 10-RD, 10-LH 2019 1s, 1, 2, 3, 11, 12, 16 2020 All others 2025
Amendment 555 #
2023/0042(COD)
Proposal for a regulation
ANNEX I – Paragraph 4 – Subparagraph 4.1. – Table 4.2.
ANNEX I – Paragraph 4 – Subparagraph 4.1. – Table 4.2.
4.2. Vehicle sub-groups included in the calculation of average specific CO2 emissions and specific emissions targets of manufacturers X = 2025 X= NO X = MCO2 X= MZE vehicle sub- sub-groups of sub-groups of sub-groups of transport of persons groups, subject transport of transport of vehicles, subject to zero-emissions to CO2 goods vehicles, persons vehicle targets according to Article emissions subject to CO2 vehicles, 3b targets emissions subject to CO2 according to targets emissions Article 3a according to targets paragraph 1 (a) Article 3a according to paragraphs Article 3a 1(b), 1(c) and paragraphs 1(d) and 1(b), 1(c) and paragraph 3 1(d) 4-UD, 4-RD, All vehicle sub- 32-C 31-L2, 32-C32, 31-LF, 31-L1, 31-L2, 31-DD, 33-LF, 4-LH, 5-RD, 5- groups referred 32-DDC3, 34-C22-DD, 33-L1, 33-L2, 33-DD, 35-FE, 39-FE LH, 9-RD, 9- to in points 34-C3, 34-DD, 33-L2, 34-C2, LH, 10-RD, 10- 1.1.1 and 1.1.3. LH 34-C3, 34-DD LH
Amendment 570 #
2023/0042(COD)
Proposal for a regulation
ANNEX I – Paragraph 4 – Subparagraph 4.3. – Table 4.3.1.
ANNEX I – Paragraph 4 – Subparagraph 4.3. – Table 4.3.1.
4.3.1. The following CO2 emissions reduction targets rfsg and rfpsg pursuant to Article 3a shall apply to vehicles in the sub-group sg for different reporting periods: CO2 reduction targets rfsg and rfpsg groups sg Reporting period of the years Sub- 2025 – 2029 2030 – 2034 2035 – 2039 As from 2040 Medium lorries 53, 54 0 4315% 6450% 970% Heavy lorries > 7,4t 1s, 1, 2, 3 0 430% 6450% 970% Heavy lorries > 16 t 4-UD, 4-RD, 15% with 4x2 and 6x4 axle 4-LH, 5-RD, configurations 5-LH, 9-RD, 430% 6450% 970% 9-LH, 10-RD, 10-LH Heavy lorries > 16 t 11, 12, 16 0 with special axle 430% 6450% 970% configurations Coaches (rfsg)and 32-C2, 1-L2, 32- 0 interurban buses C2, 32-C3, (rfsg) C3, 32-DD, 33- 4315% 6450% 970% L2, 34-C2, 34- 34-C3, 34- DD Primary vehicles of 32-C2, 31-L2, 32- 0 0 coaches (rfpsg) C3,and C2, 32-C3, interurban buses 32-DD, 33- 4315% 6450% 970% (rfpsg) L2, 34-C2, 34- 34-C3, 34- DD Trailers 0 7,5% 7,5% 7,5% Semi-trailers 0 15% 15% 15%
Amendment 581 #
2023/0042(COD)
Proposal for a regulation
ANNEX I – Paragraph 4 – Subparagraph 4.3. – Table 4.3.2.
ANNEX I – Paragraph 4 – Subparagraph 4.3. – Table 4.3.2.
4.3.2. The following zero-emission vehicle targets zevMsg pursuant to Article 3b are applicable to vehicles in the sub-group sg for different reporting periods: Zero-emission vehicle mandates zevMsg Sub-groups Zero-emission vehicle mandates Reporting period of the years sg zevMsg before 2030 2030 – 2034 2035 – 2039 As from 2040 Urban heavy 31-LF, 31-L1, 31- 0 10 80% 100% 100% buses DD, 33-LF, 33- L1, 33-DD, 35- FE, 39-FE, 31-L2, 33-L2
Amendment 586 #
2023/0042(COD)
Proposal for a regulation
Annex I – paragraph 6 a (new)
Annex I – paragraph 6 a (new)
6 a. CALCULATION OF THE CARBON CORRECTION FACTOR (CCF) For each fuel or blend of fuels i, the CCF shall be calculated according to the following method: 6.1. For CO2-Neutral Fuels, as defined in article 3 point (25) and used in compliance with Art. 4 bis, CCFi = 1; 6.2. For fuels other than CO2-Neutral Fuels, CCFi = 0; 6.3. For blends of CO2-Neutral Fuels and fuels other than CO2-Neutral Fuels, the CCF shall be calculated according to the following formula: 𝑺𝑯𝑨𝑹𝑬𝑺𝒏,𝒊 𝑺𝑯𝑨𝑹𝑬𝑺𝒏 ― 𝟏,𝒊 + 𝟏𝟎𝟎 𝟏𝟎𝟎 𝑪𝑪𝑭𝒊 = 𝟐 Where: CCFi is the Carbon Correction Factor for a specific blend of conventional and CO2-Neutral Fuel i SHARESn,i percentage of renewable fuel i reported in Shares database, referred to the last available reporting period n and calculated as the average share over all EU member states. SHARESn - 1,i percentage of renewable fuel i reported in Shares database, referred to the second last available reporting period n and calculated as the average share over all EU member states. The Shares database is accessible at: https://ec.europa.eu/eurostat/web/energy/ data/shares
Amendment 1 #
2022/2104(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls that the EU’s risk assessment for genetically modified crops for food and feed is one of the strictest in the world, providing Member States and the public with many opportunities for input, and that products passing the Authority's independent safety assessment should have fair market access;
Amendment 2 #
2022/2102(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes with satisfactionthat thate EEA achieved excellent budget implementation in 2021, with cancelled appropriations well below the 3% threshold and that a positive budgetary outturn of EUR 171,623 is to be reimbursed to the Commission.
Amendment 5 #
2022/2102(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that the EEA has 236 posts, out of which 85% are dedicated to operational activities and 15% to support; considers that, in order to properly perform the tasks on the Union’s path to climate neutrality, this number should grow in the years to come;
Amendment 7 #
2022/2102(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. Regrets that the Court of Auditors (the ‘Court’), in its annual report on EU agencies for the financial year 2021, identified some minor failures on the regularity of transactions and on the sound management of contracts, notably by failing to file timely exception notes when extending framework contracts ; notes that the EEA recognises these failures and will reinforce its controls and procedures while ensuring exception notes are filed where involuntary breaches of the Finance Regulation occur;
Amendment 6 #
2022/2101(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines the necessity of ensuring adequate staffing reflecting the needs of the European Green Deal and the Union Chemicals Strategy for Sustainability, and the Zero Pollution Ambition for a toxic-free environment, the Circular Economy Action Plan, and zero pollution ambition in particular;s well as the 8th Environmental Action Programme (EAP).
Amendment 10 #
2022/2101(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. Notes that the Agency collaborates closely with other Union agencies, such as the European Food Safety Authority, the European Centre for Disease Prevention and Control and the European Medicines Agency, by means of memoranda of understanding to strengthen exchanges of information, better mutual understanding and, where appropriate, joint projects; underlines the importance of such an approach, in order to ensure that the work of each agency is consistent with that of the other agencies and to meet the requirements of sound financial management; welcomes the sharing of services and encourages cooperation among the Union agencies where and when possible;
Amendment 4 #
2022/2100(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. Notes that the Court, in its Special Report No 13/20222 , foundobserves that that the Centre does not comprehensively assess the usefulness and impact of its guidance and calls on the Centre to obtain regular feedback from its stakeholders to fill this gap, as it is not legally obliged to do so, and calls on the Centre to improve the monitoring of the extent to which its guidance is implemented; _________________ 2 Special Report No 13/2022 ‘Free movement in the EU during the COVID-19 pandemic: Limited scrutiny of internal border controls, and uncoordinated actions by Member States’, p. 41.
Amendment 3 #
2022/2081(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the Court of Auditors (the 'Court'), in its annual report on the implementation of the budget concerning the financial year 2021, continued to find a material level of error in the spending area 'natural resources and environment', also noting that expenditure in those areas is subject to complex eligibility conditions and eligibility rules, drawing attention to the type of errors that may occur, such aswhich is most commonly ineligible beneficiaries or expenditure, administrative errors, and failure to meet agri- environmental commitments;
Amendment 6 #
2022/2081(DEC)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes with grave concern the Court's finding in Special Report 09/20223 , stating that the reported spending was not always relevant to climate action, and that the amount reported as having been spent for that purpose had been overstated by at least EUR 72 billion, meaning that only aroundapproximately 13% of the 2014-2020 budget was spent on climate related purposes. Therefore deploresUnderlines its discontent that reliability issues could remain in the Commission's reporting for the 2021-2027 period; _________________ 3 Climate spending in the 2014-2020 EU budget – Not as high as reported, 30 May 2022.
Amendment 7 #
2022/2081(DEC)
Draft opinion
Paragraph 11
Paragraph 11
11. Calls on the Commission to provide Parliament with an annual report setting out in detail the contribution of each budget item to the climate mainstreaming and the biodiversity targets, in order to facilitate their monitoring; calls further on the Commission to report whether any budget item fails to respect the "do no significant harm" criterion as referred to in the Taxonomy Regulation;
Amendment 10 #
2022/2081(DEC)
Draft opinion
Paragraph 12
Paragraph 12
12. Regrets the Court's finding, in its Special Report 16/20214 , that EU agricultural funding destined for climate action has not contributed to reducing greenhouse gas emissions; shares the Court's view that the new Common Agricultural Policy should have a greater focus on reducing agricultural emissions, and be more accountable and transparent about its contribution to climate mitigation; _________________ 4 Common Agricultural Policy and climate – Half of EU climate spending but farm emissions are not decreasing, 21 June 2021.
Amendment 3 #
2022/2079(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that the EU’s defence sector is fragmented, which creates strategic vulnerabilities for the Union, Member States and industry; is concerned about the lack of coordination and calls for more strategic cohesion led by Member States in security and defence policies at Union level; welcomes, in this context, the Commission’s launch of the European Defence Industry Reinforcement through common Procurement Act (EDIRPA) and encourages the Commission and Member States to take this initiative a step further and strive towards a de facto military unionby enhancing the commitment to EDIRPA and ensuring that replenishment of weaponry stockpiles and future defense acquisitions focus on technologically sophisticated capabilities that will maintain the qualitative edge of Member State defense capabilities supported by a strongly articulated common market for defence equipment, followed by a review of the Treaties for more EU competenceto determine how the EU can add value to Member State developments in the areas onf critical technologies for defence, innovation in defence, and security and defence affairs;
Amendment 19 #
2022/2079(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the relevant EU bodies to consolidate EU cooperative frameworks for developing cutting-edge military capabilities and for EU-level legislation to coordinatesupport Member States’ strategies for driven coordination strategies for procurement and development of critical technologies and tothat reduces dependencies with the aim of being completely self-reliant from non- democratic Allies or partners;
Amendment 32 #
2022/2079(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to encourage Member States to review all defence programmes and policy tools, check if they are still fit for purpose, and summarise findings; suggests that the European Defence Agency, in cooperation with the NATO Support and Procurement Agency, can provide light touch support and coordination suggestions, including a strategic assessment of the findings;
Amendment 37 #
2022/2079(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for a more pragmatic and business-oriented approach to military research in order to provide incentives for innovation in military technology, including by reducing or removing barriers to entry into the defence market; facilitation of SME engagement should be prioritized in the procurement and acquisition process by means that aim to reduce complexities of bidding procedures, create preapproved lists of companies and assist SME growth via incubation and capital investment; further calls for increased support for European companies in emerging technologies to ensure they remain competitive in international markets by relaxing the rules on compliance documentation and by providing tax incentives and stimulating investments;
Amendment 47 #
2022/2079(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the need to stimulate the development of skills for innovation, research and development (R&D), and fundamental research in critical areas related to emerging technologies; calls on the Commission to encourage Member States to establish and fund defence innovation hubs and encourage a dedicated financial guidelines within defense spending allocated to R&;D;
Amendment 53 #
2022/2079(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Underlines the importance of achieving quantum computing capabilities and stresses the need to enhance cooperation in this area to ensure that quantum computing is first realized among partners sharing warm relations and supporting objectives;
Amendment 55 #
2022/2079(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Underlines that the growing significance of Artificial intelligence and machine learning requires enhanced Member State cooperation with likeminded partners and that measures should be taken to advance transatlantic cooperation between tech companies in order to ensure partnering on development and application;
Amendment 57 #
2022/2079(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Encourages developing a set of common EU AI capabilities matched to a Member State’s operating concepts to bridge technical gaps to ensure that Member States lacking the relevant technology–industry expertise or the ability to implement AI systems in their ministries are not left behind;
Amendment 38 #
2022/2078(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas Russia's full scale invasion of Ukraine has demonstrated the essential need and strategic value of geospatial imagery in military targeting, manoeuvring, and defence;
Amendment 41 #
2022/2078(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas cooperative approaches to space services are vital to detect and handle multinational issues such as climate change or natural disasters;
Amendment 47 #
2022/2078(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the upsurge in risks and threats in space is good reason to bolster the resilience of space infrastructure, systems, supply chain and services;
Amendment 59 #
2022/2078(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recognises that Member States respective Ministries and Departments of Commerce, Energy, Aeronautics, Space Administration and other relevant departments and agencies should carry out periodic reviews of their functionality, competitiveness and capacity to contribute to the space-industrial base across Member States and to ensure frequent benchmarks and key performance indicators that prioritise their resilience and technological advancement;
Amendment 111 #
2022/2078(INI)
10. Stresses that space domain awareness (SDA) is essential to attributingand command and control capabilities are essential to detecting, tracking, attributing, and responding to a threat and enabling Member States to take appropriate decisions in the event of a space attack; encourages the Member States to supply the information needed to attribute hostile behaviour, for which secure, robust and reliable communication and exchange capabilities at EU level will need to be established;
Amendment 147 #
2022/2078(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recommends Member States to expand space-related cooperative research, development and acquisition with Allied third countries and partners, particularly those capable of advancing defensive capabilities, resilient architectures and options for capability reconstitution to reduce vulnerabilities and deter potential adversaries;
Amendment 155 #
2022/2078(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that governance is unique to each component of the space programme; stresses that those components, which have major implications for the security of the Member States, require sharmonised governanceed strategic outlook that involves the Member States and makes it possible to protect information;
Amendment 178 #
2022/2078(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Recommends that the EU and NATO should seek to promote dialogue between Member States and the private sector on space-based challenges and opportunities for shared R&D among Member States, particularly SME's and Midcaps in the space sector.
Amendment 184 #
2022/2078(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Recommends Member States to support NATO's development as the principal transatlantic forum for consultation on space security; to this end, considers that the Secretary General should promote information-sharing, space-based crisis scenarios, integrated assessments of air-land-sea-space threats, and regular updates on space interoperability in the North Atlantic Council (NAC); efforts should be made now to begin incorporating more space expertise across Member States to improve Member States overall ‘space IQ’, ideally via Advanced Training Courses between NATO, EU and Member State officials;
Amendment 186 #
2022/2078(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Recommends that the EEAS and NATO should lead efforts to support Member States in including outer space in resilience planning, to ensure that deterrence and defence efforts remain solvent in the event that attacks or denial in space impair critical infrastructure (e.g., communications and energy grids);
Amendment 187 #
2022/2078(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
Amendment 4 #
2022/2006(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Annual SustainableNotes the Annual Sustainable Growth Strategy 2022 pledge to Growth Strategy 2022 pledge to continue continue placing a sustainable, fair placing a sustainable, fair and green and green transition at the heart of the transition at the heart of the European European Semester (Semester) Semester (Semester) process, enshrining process, enshrining environmental environmental sustainability, climate sustainability, climate neutrality, neutrality, public health and the wellbeing public health and the wellbeing of of citizens as guiding principles for the EU’s citizens as guiding principles for the recovery; Calls for honouring principles of EU’s recovery. market economy.
Amendment 10 #
2022/2006(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the importance of accelerating the alignment of the Semester process with the EU’s long- term climate and environmental objectives as set up under the objectives as set up under the European Green Deal and reinforced European Green Deal and reinforced in the Fit for 55 package; Welcomes in the Fit for 55 package; Notes the the insertion, at each European insertion, at each European Semester Semester country report, of dedicated country report, of dedicated sections sections on the Member State’s on the Member State’s progress in the progress in the different SDG areas, as different SDG areas, as well as the set- well as the set-up of additional up of additional indicators to monitor indicators to monitor and guide and guide Member States’ Member States’ performance in view performance in view of EU Green of EU Green Deal policy goals; Deal policy goals;
Amendment 16 #
2022/2006(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Upon the review of the performance in view of EU Green Deal, urges to readjust goals to be attained by Member States to make them realistic and pragmatic.
Amendment 20 #
2022/2006(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that, meeting the EU’s ambitious Green Deal agenda will ambitious Green Deal agenda will require significant investment and require significant investment and that, according to the Commission, that, according to the Commission, the private and public investment gap the private and public investment gap to cater for the green transition are to cater for the green transition are estimated at nearly EUR 520 billion estimated at nearly EUR 520 billion per year, for the next decade; further per year, for the next decade; further notes that whereas a substantial share warns against a substantial share of of the investment will be borne by the the investment to be borne by the private sector, public investment will private sector, and especially against have to increase as well; public investment increase; Highlights that the public investments that are directed to the Green Deal can’t primarily be directed to other important public services, such as health care, security or education, but at best have positive side-effects on these public services. Calls therefore upon the Commission to continuously monitor, in all Member States, whether the investments needed for the Green Deal, do not overshadow the other crucial investments a society needs.
Amendment 27 #
2022/2006(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls furtherefmore on the Commission to extendcarefully consider whether the current Semester approach can be considered as a subject to deliver on its unattainable political commitment to make it, such as a governance tool supporting the achievement of the European Green Deal and the Sustainable Development Goals; underlines the need to further integrate, without weakening the monitoring process of this extended European semester, the Union’s climate, environmental, includingespecially biodiversity and social, objectives in a more comprehensive manner to provide Member States with analysis and indicators beyond economic indicators only, thus better reflecting the current challenges faced by Member States in reducing their ecological footprint and making the process a driver of change towards a sustainable wellbeing for all in Europe, calls on the Commission to lower the burden on a Member State if these indicators clearly show that these challenges undermine the wellbeing of present and the future of new generations;
Amendment 32 #
2022/2006(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that the European semester should support the Union’s effort in aiming towards to achieveing climate neutrality by 2050 at the latest; calls therefore on the Commission to assess the discrepancy between the structure of the Member States’ budgets and a Paris-aligned scenario for each of their national budgets; thus enabling the Commission to; Commission might feel free to provide recommendations ton Member States’ climate debt andon climate-friendly investment gap associated to the Union’s 2030 objective and the objective of climate neutrality by 2050 at the latest;; provide
Amendment 40 #
2022/2006(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalling the importance of 6. Recalling the importance of ensuring ensuring the Semester is aligned with the Semester is aligned with the the Recovery and Resilience Facility Recovery and Resilience Facility and and the need to swiftly address the the need to swiftly address the COVID 19 pandemic impact on the COVID 19 pandemic impact on the European economy; Highlights that European economy; Highlights that the RRF presents an unprecedented the RRF presents an unprecedented and unique opportunity for all and unique project for all Member Member States to address key States attempting to address key structural challenges and investment structural challenges and investment needs and transform their economies needs and transform their economies to make them sustainable, more to make them sustainable, more competitive and more resilient to competitive and more resilient to future shocks; stresses the future shocks; highlights however, importance of implementing that despite all the green ambitions investment policies and sustainable in the RRF, the main aim of the fund reforms in line with the European is the post-pandemic recovery and priorities identified in the RRF; is of that this should remain the main the view that the RRF should serve as aim, investments should therefore an inspiration for the review of the focus on the recovery of the economy framework for macroeconomic in the respective Member States; governance, notably in identifying common structural challenges and investment needs; further stresses that this review should design an enabling framework for Member States to accelerate their green transition and close their climate and environment friendly investment gap;
Amendment 44 #
2022/2006(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Further calls on the Commission to ensure the proper involvement of the ensure the proper involvement of the European Parliament, as well as of European Parliament, as well as of regional and local authorities, social regional and local authorities, social partners, civil society and other key partners, civil society and other key stakeholders throughout the overall stakeholders throughout the overall process, including during the process, including during the implementation phase. implementation phase with the aim to ensure that the European Semester is not only a bureaucratic exercise, but delivers much-needed solutions for the citizens of our respective Member States.
Amendment 47 #
2022/2006(INI)
Draft opinion
Paragraph 8 (new)
Paragraph 8 (new)
8. Warns against increasing tax burden on tax-payers, be it in direct or indirect form, and the overall regulatory burden.
Amendment 288 #
2022/0396(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Designing packaging with the objective of its recycling, once it becomes packaging waste, is one the most efficient measures to improve the packaging circularity and raise packaging recycling rates and the use of recycled content in packaging. Packaging design for recycling criteria have been established for a number of packaging formats under voluntary industry schemes or by some Member States for the purpose of the modulation of extended producer responsibility fees. In order to prevent barriers to the internal market and provide industry with a level playing field, and with the objective to promote the sustainability of packaging, it is important to set mandatory requirements regarding the recyclability of packaging, by harmonising the criteria and the methodology for assessing packaging recyclability based on a design for recycling methodology at the Union level. In order to meet the objective set out in the CEAP that, by 2030, all packaging should be recyclable or reusable, in an economically viable manner, packaging recyclability performance grades should be established based on design for recycling criteria for packaging categories as listed in Annex II and assessment of material output from recycling technology to the input of waste from packaging type ratio by weight. To assess this the best available and commercially operated recycling technology should be considered and mass balance may be used where packaging is a part of wider waste stream. However, packaging should comply with them only as of 1 January 2030 in order to give sufficient time to the economic operators to adapt.
Amendment 433 #
2022/0396(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) The problem of excessive packaging waste generation cannot be fully addressed by setting obligations on packaging design. For certain packaging types, obligations to reduce the empty space should be set on economic operators in terms of reducing the empty space when using such packaging. In case of grouped, transport and e-commerce packaging used for supply of products to final distributors or end user, the empty space ration should not exceed 40 %. In line with the waste hierarchy and to incentivize packaging waste reduction, it should be possible for economic operators using sales packaging as e-commerce packaging to be exempted from this obligation.
Amendment 453 #
2022/0396(COD)
Proposal for a regulation
Recital 65 a (new)
Recital 65 a (new)
Amendment 455 #
2022/0396(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) Where economic operators offer the possibility to purchase products through refill, they should ensure that their refill stations meet certain requirements in order to ensure the health and safety of consumers. In this context, where the consumers use their own containers, the economic operators should therefore inform about the conditions for safe refill and use of those containers. In order to encourage refill, economic operators should not provide packaging free of charge or not being a part of deposit and return system at the refill stations. Economic operators should encourage and motivate end customers to repeatedly use a consumer reusable container. Use of reusable containers may be supported by economic incentives.
Amendment 471 #
2022/0396(COD)
Proposal for a regulation
Recital 68 a (new)
Recital 68 a (new)
(68a) Traceability and hygiene standards shall be considered crucial for the safe and efficient operation of refill stations and sale in bulk systems. Refill stations should implement physical or digital labelling providing information such as batch number of product which would allow easy traceability and thus prevent a risk of cross-contamination of the refill stations from mixing different dispensed products. Moreover, hygiene protocols for economic operators should be adopted to prevent the risk of an open manipulation with products outside of hygienically compliant environment.
Amendment 508 #
2022/0396(COD)
Proposal for a regulation
Recital 92
Recital 92
(92) Member States may achieve these targets by economic instruments and other measures to provide incentives for the application of the waste hierarchy, including measures to be implemented through extended producer responsibility schemes, and by promoting the setting up and effective operation of systems for re- use and encouraging economic operators to offer the end users further possibilities to refill, as well as encouraging and incentivising the use of sales packaging as e-commerce packaging. Such measures should be adopted in parallel and in addition to other measures under this Regulation aiming at packaging and packaging waste reduction, such as requirements on packaging minimisation, re-use and refill targets, volume thresholds and measures to achieve the sustained reduction of consumption of lightweight plastic carrier bags. A Member State may, while observing the general rules laid down in the Treaty and complying with the provisions set out in this Regulation, adopt provisions which go beyond the minimum targets set out in this Regulation.
Amendment 511 #
2022/0396(COD)
Proposal for a regulation
Recital 93
Recital 93
(93) To implement the polluter pays principle, it is appropriate to lay the obligations for the management of packaging waste on producers, which includes any manufacturer, importer or distributor, who, irrespective of the selling technique used, including by means of distance contracts as defined in Article 2(7) of Directive 2011/83/EU of the European Parliament and of the Council65, makes available packaging for the first time within a territory of a Member States on a professional basis under its own name or trademark. _________________ 65 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
Amendment 512 #
2022/0396(COD)
Proposal for a regulation
Recital 94
Recital 94
(94) In order to monitor that producers meet their obligations relating to their financial, and organisational obligations to ensuring the management of the waste from the packaging they make available for the first timplace on the market of a Member State, it is necessary that a register is established and managed by the competent authority in each Member State and that producers should be obliged to register.
Amendment 513 #
2022/0396(COD)
Proposal for a regulation
Recital 95
Recital 95
(95) The registration requirements should be harmonised across the Union to the greatest extent possible so to facilitate registration in particular where producers makplace packaging availableon the market in different Member States. In order to ensure uniform conditions for the implementation of the registration requirements, the power to adopt implementing acts in accordance with Article 291 of the Treaty should be delegated to the Commission to lay down a common format for registration in and reporting to the register, detailing the data to be reported.
Amendment 515 #
2022/0396(COD)
Proposal for a regulation
Recital 96
Recital 96
(96) In line with the polluter-pays principle expressed in Article 191(2) of the Treaty, it is essential that the producers placing on the Union market packaging and packaged products take responsibility for their management at their end-of life. It should be recalled that extended producer responsibility schemes need to be established, as provided for in Directive 94/62/EC, by 31 December of 2024, as they are the most appropriate means to achieve this and can have a positive environmental impact by reducing the generation of packaging waste and increasing its collection and recycling. There are wide disparities in the way they are set up, in their efficiency and in the scope of responsibility of producers. The rules on extended producer responsibility laid down in Directive 2008/98/EC should therefore in general apply to extended producer responsibility schemes for producers of packaging, and be complemented by further specific provisions where this is necessary and appropriate.
Amendment 536 #
2022/0396(COD)
Proposal for a regulation
Recital 103 a (new)
Recital 103 a (new)
(103a) This Regulation should take into account the diversity of deposit and return systems that exist in Europe, and ensure that technological developments in these systems are not hindered when they meet the conditions and criteria for increasing collection rates and ensuring better quality recycling. For example, digital deposit and return systems offer consumers a digital data carrier system, with a refund of the deposit when the deposit bearing packaging is properly deposited in the type of waste receptacle provided for that purpose, at home or in public spaces.
Amendment 543 #
2022/0396(COD)
Proposal for a regulation
Recital 108
Recital 108
(108) As a specific packaging waste generation prevention measure, Member States should actively encourage the re-use and refill solutions. They should support the establishment of systems for re-use and refill and monitor their functioning and compliance with the hygiene standards. Member States are encouraged to take also other measures, such as setting up deposit and return systems covering reusable packaging formats, using economic incentives for economic operators,or establishing requirements for final distributors to make available a certain percentage of their sales area devoted to re-use, re-fill, and sale in bulk. Moreover, Member States may establish additional targets for other products than those covered by re-use and refill targets in reusable packaging or through refill provided that such requirements will not result in fragmentation of single market and creation of trade barriers. The focus should be on areas which are showing the greatest potential such as non-perishable food, pet food, home care products or personal care products both in loose and liquid versions.
Amendment 555 #
2022/0396(COD)
Proposal for a regulation
Recital 117
Recital 117
(117) Producers and, producer responsibility organisations and final distributors should be actively involved in providing information to end users, in particular consumers, on prevention and management of packaging waste. This information should include availability of re-use and refill arrangements for packaging, meaning of labels displayed on packaging and other instructions on the discarding of packaging waste. The producers should also inform that end users have an important role in ensuring an environmentally optimal management of packaging waste. The disclosure of information to all end users as well as reporting on packaging should make use of modern information technologies. The information should be provided either by classical means, such as posters both indoors and outdoors and social media campaigns, or by more innovative means, such as electronic access to websites provided by QR codes affixed to the packaging.
Amendment 557 #
2022/0396(COD)
Proposal for a regulation
Recital 119
Recital 119
(119) In order to establish the methodology for assessment of the at scale recyclability, Member States should also report data on recycling ratethe amounts of packaging waste per packaging material and type, amounts oflaced on the market per material and packaging type, separately collected packaging waste for each packaging material, amounts of packaging waste placed on the market per material and packaging type, and installed capacities of and installed capacities of sorting and recycling. In doing so, they shall establish an adequate monitoring framework with a view to ensuring that producers and organisations implementing extended producer responsibility obligations on their behalf report reliable data on separate collection, sorting and trecyclingatment operations for each packaging material and type. Reporting should be done annually.
Amendment 600 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point f
Article 3 – paragraph 1 – point 1 – point f
(f) tea orcompostable coffee bags and system single-serve units or tea bags necessary to contain a tea or coffeecoffee or tea product and intended to be used and disposed of together with the product;
Amendment 626 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘economic operator’ means manufacturers, suppliers of packaging, importers, distributors, final distributors, and fulfilment service providers and authorised representatives;
Amendment 628 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘producer’ means any manufacturer, filler, importer or distributor, who, irrespective of the selling technique used, including by means of distance contracts as defined in Article 2(7) of Directive 2011/83/EU, makes available packaging for the first timeplaces packaging within a territory of a Member States on a professional basis under its own name or trademark;
Amendment 629 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘importer’ means any natural or legal person established within the Union who places packaging, or a packaged product, from a third country on the Union market;
Amendment 630 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or importer, who makes a packaging, or a packaged product, available on the market;
Amendment 631 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
Amendment 666 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 28 a (new)
Article 3 – paragraph 1 – point 28 a (new)
(28a) 'sale in bulk' means a particular method of refill that consists of the commercialisation of the products free-of- packaging in quantities chosen by the consumer, usually from the refill station, and filled in reusable consumer containers either provided at the point of sale or brought by consumers and where the products are delivered into refill stations in reusable packaging containers circulating between economic operators which ensure that packaging is collected, washed, and refilled;
Amendment 688 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 32 b (new)
Article 3 – paragraph 1 – point 32 b (new)
(32b) 'recyclability' means the compatibility of packaging with the management and processing of waste, based on separate collection, sorting in separate streams, recycling at scale, and use of recycled materials to replace primary raw materials;
Amendment 699 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 32
Article 3 – paragraph 1 – point 32
(32) ‘recycled at scale’ means collected, sorted and recycled through installed state-accepted to be recycled on an industrial scale in the majority of- the-art infrastructure and processes, covering at least 75 % Member States where the packaging is placed ofn the Union populationmarket, including packaging waste exported from the Union that meets the requirements of Article 47(5);
Amendment 706 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 32 a (new)
Article 3 – paragraph 1 – point 32 a (new)
Amendment 768 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 51
Article 3 – paragraph 1 – point 51
(51) ‘deposit and return system’ means a system, in which a deposit is charged to the end user when purchasing a packaged or filled product covered by this system, and redeemed to the end user when the deposit bearing packaging is returned to a collection point established for that purpose or properly deposited in the type of waste receptacle provided for that purpose, at home or in public spaces;
Amendment 774 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 60
Article 3 – paragraph 1 – point 60
(60) ‘waste’ means waste as defined in Article 3 point (1) of Directive 2008/98/EC, with the exception of reusable or recyclable packaging conveyed to reconditioning or recycling;
Amendment 930 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Recyclable packaging shall, from 1 Jive years after entry into force of the stanudary 2030ds referred to in paragraph 4, 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 (eb).
Amendment 945 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 970 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
The Commission is empowered to adopt delegated acts in accordance with Article 58 to amend Table 1 of Annex in order to adapt it to scientific and technical development in material and product design, collection, sorting and recycling infrastructure. Should the adoption of the standards referred to in in this paragraph be delayed, a presumption of compliance with the requirements set out in paragraph 2 of this Article shall apply to all packaging placed on the market in the Union until such standards are adopted.
Amendment 985 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
From 1 January 2030, packaging shall not be considered recyclable if it corresponds to performance grade E under the design for recycling criteria established in the delegatedimplementing act adopted pursuant to paragraph 4 for the packaging category, to which the packaging belongs.
Amendment 992 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 6 – introductory part
Article 6 – paragraph 6 – introductory part
6. The Commission shall, for each packaging material and type listed in Table 1 of Annex II, adopt an implementing act to establish the methodology to assess if packaging is recyclable at scale. That methodology shall be based at least on the following elements:on the following minimum requirements: (a) access to appropriate separate collection per packaging predominant material according to article 43 paragraphs 1 and 2; (b) sufficient capacity to sort the packaging types into defined waste streams; (c) sufficient capacity to recycle the waste streams defined in paragraph b. This methodology shall include, inter alia, rules for Member States to establish an adequate monitoring framework ensuring that producers and organisations implementing extended producer responsibility obligations on their behalf report reliable data on separate collection, sorting and treatment operations per packaging material and type, as well as the format for reporting the data referred to in this Article. The Commission shall review the data and publish a report on the results of its review. The assessment shall verify the fulfilment of recyclability at scale on the EU level. The report shall be drawn up after the first reporting of the data by Member States and every four years thereafter.
Amendment 1002 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 6 – point a
Article 6 – paragraph 6 – point a
Amendment 1003 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 6 – point b
Article 6 – paragraph 6 – point b
Amendment 1006 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 6 – point c
Article 6 – paragraph 6 – point c
Amendment 1007 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 6 – point d
Article 6 – paragraph 6 – point d
Amendment 1022 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 7 – point a
Article 6 – paragraph 7 – point a
(a) the manner in which to express the result of the recyclability assessment, evaluated directly or through mass balance as material yield from waste input achieved in commercially operated and available recycling technology, 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;
Amendment 1028 #
2022/0396(COD)
(b) detailed design for recycling criteria, including specific requirements for high quality recycling, where and when needed, for each packaging material and category listed in Table 1 of Annex II;
Amendment 1099 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging: calculated as an average for all such packaging placed on the market on the territory of that Member State:
Amendment 1124 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 1140 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) 35 % for plastic packaging other than those referred to in points (a), (b) and (c).
Amendment 1144 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) 35 % for packaging other than those referred to in points (a), (b) and (c).
Amendment 1157 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
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 post-consumer plastic waste, per unit of packaging calculated as an average for all such packaging placed on the market on the territory of that Member State:
Amendment 1221 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging as well as to plastic packaging based on renewable raw materials, to inks, adhesives, varnishes, and coatings used on packaging.
Amendment 1252 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 202612 months after the entry into force of this regulation, the Commission is empowered to 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. An EU harmonized mass balance method shall be specified as part of all these implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 1359 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By [OP: please insert the date = 24 months from the entry into force of this Regulation]2030, packaging referred to in Article 3(1), points (f) and (g), sticky labels attached to fruit and vegetables and very lightweight plastic carrier bags shall be compostable in industrially controlled conditions in bio-waste treatment facilities, and therefore allowed to be collected in bio-waste receptacles.
Amendment 1512 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 4260 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 packaging. However, it applies to e-commerce packaging.
Amendment 1527 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. From [OP: Please insert the date = 48 months after the date of entry into force of this Regulation], packaging shall bear a label on packaging reusability and 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.
Amendment 1663 #
2022/0396(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. EFrom 1 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 %. as a mean average of all such packaging placed on the EU market by the economic operator.
Amendment 1680 #
2022/0396(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 2
Article 21 – paragraph 2 – subparagraph 2
Space filled by filling materials such as paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene or Styrofoam chips, shall be considered as empty space. By [OP:Please insert the date = 18 months after the date of entry into force of this Regulation], the Commission shall adopt delegated acts establishing a methodology for calculation of the void space for different packaging formats.Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 59 (3). Empty space necessary to comply with the performance criteria in Annex IV shall not be considered as empty space for the purpose of Article 21.
Amendment 1689 #
2022/0396(COD)
Proposal for a regulation
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3a. Economic operators who supply products to a final distributor or an end user in reusable grouped packaging, transport packaging or e-commerce packaging pursuant to Article 10, shall be exempted from the obligation laid down in paragraph 1.
Amendment 1776 #
2022/0396(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Economic operators enabling refill shall ensure that packaging offered to the end users at the refill stations is not provided free of charge or is provided as a part of a deposit and return system. Economic operators shall ensure that end users are encouraged to re-use this consumer packaging or have a possibility to easily return it, so that the packaging can be reconditioned for next use or recycled in a closed loop stream.
Amendment 1786 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. From 1 January 2030, economic operators making large household appliances listed in point 21 of Annex II to Directive 2012/19/EU available on the market for the first time within the territory of a Member State shall ensure that 90 : (a) from 1 January 2030, 10% of those products are made available in reusable transport packaging within a system for reuse; (b) from 1 January 2040, 40% of those products are made available in reusable transport packaging within a system for re-use.
Amendment 1973 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
(b) from 1 January 2040, 530 % of such packaging used is reusable packaging within a system for re-use;
Amendment 1985 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 9 – point a
Article 26 – paragraph 9 – point a
(a) from 1 January 2030, 10 % of such packaging usis either removed isor reusable packaging within a system for re-use;
Amendment 1995 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 9 – point b
Article 26 – paragraph 9 – point b
(b) from 1 January 2040, 30 % of such packaging used for transport is either removed or reusable packaging within a system for re-use;
Amendment 2008 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 10 – introductory part
Article 26 – paragraph 10 – introductory part
10. Economic operators using grouped packaging in the form of boxes, excluding cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping or distribution unit shall ensure that:
Amendment 2036 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Amendment 2053 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 2
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.
Amendment 2069 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 1
Article 26 – paragraph 13 – subparagraph 1
Amendment 2084 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 2
Article 26 – paragraph 13 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, plastic crates intermediate bulk containers, and drums, of all sizes and materials, excluding cardboard and including flexible formats.
Amendment 2091 #
2022/0396(COD)
13a. Economic operators shall be exempted from the obligation to meet the targets laid down in paragraphs 1 to 13 provided that the packaging material used, as defined in Annex II: (a) reaches a minimum recycling rate of 85% at EU level by 2030, as calculated in Article 47 and, (b) reaches a minimum recycling rate of 90% at EU level by 2040, as calculated in Article 47 and, (c) is recycled at scale, according to paragraph 6 of Article 6.
Amendment 2137 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 16 – point a
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), with a particular emphasis on the sectors with promising potential such as non- perishable food, pet food, home care products and personal care products.
Amendment 2157 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 17
Article 26 – paragraph 17
17. By [OP: Please insert the date = 86 years after the date of entry into force of this Regulation], 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.
Amendment 2198 #
2022/0396(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
A sustained reduction is achieved if the annual consumption does not exceed 40 lightweight plastic carrier bags per person, or the equivalent target in weight, by 31 December 20235, and subsequently by 31 December in each year thereafter.
Amendment 2220 #
2022/0396(COD)
Proposal for a regulation
Article 38 – paragraph 1 – introductory part
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 2018 as reported to the Commission in accordance with Decision 2005/270/EC, by. The amount of waste generated per capita should be maximum:
Amendment 2225 #
2022/0396(COD)
Proposal for a regulation
Article 38 – paragraph 1 – point a
Article 38 – paragraph 1 – point a
(a) 5 %X kg/capita by 2030;
Amendment 2232 #
2022/0396(COD)
Proposal for a regulation
Article 38 – paragraph 1 – point b
Article 38 – paragraph 1 – point b
(b) 10 %Y kg/capita by 2035;
Amendment 2236 #
2022/0396(COD)
Proposal for a regulation
Article 38 – paragraph 1 – point c
Article 38 – paragraph 1 – point c
(c) 15 %Z kg/capita by 2040.
Amendment 2252 #
2022/0396(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. For the purpose of paragraph 2, Member States may use economic instruments and other measures to provide incentives for the application of the waste hierarchy, such as measures referred to in Annexes IV and IVa to Directive 2008/98/EC, or other appropriate instruments and measures, including incentives through extended producer responsibility schemes and requirements on producers or producer responsibility organisations to adopt waste prevention plans, or by encouraging and incentivising the use of sales packaging as e-commerce packaging. Such measures shall be proportionate and non- discriminatory and be designed so as to avoid barriers to trade or distortions of competition in conformity with the Treaty.
Amendment 2266 #
2022/0396(COD)
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 1
Article 39 – paragraph 1 – subparagraph 1
Member States shall establish a register which shall serve to monitor compliance of producers of packaging with the requirements set out in this Chapter.
Amendment 2268 #
2022/0396(COD)
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 2
Article 39 – paragraph 1 – subparagraph 2
The register shall provide links to other national registers of producers’ websites to facilitate, in all Member States, registration of producers or appointed representatives for the extended producer responsibility, where applicable according to Article 40, their authorised representatives.
Amendment 2274 #
2022/0396(COD)
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
4. Producers shall not make available packaging on the market, if they or, where applicable, their appointed representatives for the extended producer responsibilityin line with Article 40, their authorised representatives, are not registered in such Member State.
Amendment 2275 #
2022/0396(COD)
Proposal for a regulation
Article 39 – paragraph 6
Article 39 – paragraph 6
6. Where an appointuthorised representative for the extended producer responsibility represents more than one producer, it shall in addition to the information to be provided pursuant to paragraph 5, provide the name and the contact details of each one of the represented producers separately.
Amendment 2276 #
2022/0396(COD)
Proposal for a regulation
Article 39 – paragraph 7
Article 39 – paragraph 7
7. The producer or, where applicable in line with Article 40, the producer’s appointuthorised representative for the extended producer responsibility or the producer responsibility organisation shall report to the competent authority responsible for the register, by 1 March for each full preceding calendar year, the information set out in Part B of Annex IX.
Amendment 2279 #
2022/0396(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Producers of packagingas defined in Article 3(10) shall have extended producer responsibility under the schemes established in accordance with Articles 8 and 8a of Directive 2008/98/EC and with this Section for the packaging that they make availablplace on the market for the first time within the territory of a Member State. Member States shall define in a clear way the roles and responsibilities of every producer with extended producer responsibility.
Amendment 2281 #
2022/0396(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. A producer that is not established in the Union shall appoint, by written mandate, an appointuthorised representative for the extended producer responsibility in each Member State other than the Member State where it is established where it makes packaging available for the first timein each Member State where it places packaging for fulfilling the obligations of that producer under Chapter VII of this Regulation.
Amendment 2282 #
2022/0396(COD)
Proposal for a regulation
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2a. A producer established in a Member State other than the Member State where it places packaging may appoint, by written mandate, an authorised representative.
Amendment 2283 #
2022/0396(COD)
Proposal for a regulation
Article 40 – paragraph 3 – introductory part
Article 40 – paragraph 3 – introductory part
3. Providers of online platforms, falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers, are required to comply with the extended producer responsibility requirements referred to in paragraphs 1 and 2 of this Article, unless that they can prove that shall obtain the following information from producers offering packaging to consumers located in the Union are complying with these requirements by obtaining:
Amendment 2288 #
2022/0396(COD)
Proposal for a regulation
Article 40 – paragraph 3 a (new)
Article 40 – paragraph 3 a (new)
3a. If producers sell their products via an online marketplace and are not registered in accordance with Article 39(2), the online marketplace in which the products are offered for sale may fulfil the obligations under Article 39(7) in respect of such producers collectively.
Amendment 2311 #
2022/0396(COD)
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
4. Producers shall not make available packaging on the market, if they or, where applicable, their appointed representatives for the extended producer responsibilityin line with Article 40, their authorised representatives, are not registered in such Member State.
Amendment 2312 #
2022/0396(COD)
Proposal for a regulation
Article 39 – paragraph 6
Article 39 – paragraph 6
6. Where an appointuthorised representative for the extended producer responsibility represents more than one producer, it shall in addition to the information to be provided pursuant to paragraph 5, provide the name and the contact details of each one of the represented producers separately.
Amendment 2313 #
2022/0396(COD)
Proposal for a regulation
Article 39 – paragraph 7
Article 39 – paragraph 7
7. The producer or, where applicable in line with Article 40, the producer’s appointuthorised representative for the extended producer responsibility or the producer responsibility organisation shall report to the competent authority responsible for the register, by 1 March for each full preceding calendar year, the information set out in Part B of Annex IX.
Amendment 2315 #
2022/0396(COD)
Proposal for a regulation
Article 39 – paragraph 7
Article 39 – paragraph 7
7. The producer or, where applicable in line with Article 40, the producer’s appointuthorised representative for the extended producer responsibility or the producer responsibility organisation shall report to the competent authority responsible for the register, by 1 March for each full preceding calendar year, the information set out in Part B of Annex IX.
Amendment 2318 #
2022/0396(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Producers of packagingas defined in Article 3(10) shall have extended producer responsibility under the schemes established in accordance with Articles 8 and 8a of Directive 2008/98/EC and with this Section for the packaging that they make availablplace on the market for the first time within the territory of a Member State. Member States shall define in a clear way the roles and responsibilities of every producer with extended producer responsibility.
Amendment 2320 #
2022/0396(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. A producer that is not established in the Union shall appoint, by written mandate, an appointuthorised representative for the extended producer responsibility in each Member State other than the Member State where it is established where it makes packaging available for the first timein each Member State where it places packaging for fulfilling the obligations of that producer under Chapter VII of this Regulation.
Amendment 2322 #
2022/0396(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. A producer that is not established in the Union shall appoint, by written mandate, an appointuthorised representative for the extended producer responsibility in each Member State other than the Member State where it is established where it makes packaging available for the first timein each Member State where it places packaging for fulfilling the obligations of that producer under Chapter VII of this Regulation.
Amendment 2323 #
2022/0396(COD)
Proposal for a regulation
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2a. A producer established in a Member State other than the Member State where it places packaging may appoint, by written mandate, an authorised representative.
Amendment 2324 #
2022/0396(COD)
Proposal for a regulation
Article 40 – paragraph 3 – introductory part
Article 40 – paragraph 3 – introductory part
3. Providers of online platforms, falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers, are required to comply with the extended producer responsibility requirements referred to in paragraphs 1 and 2 of this Article, unless that they can prove that shall obtain the following information from producers offering packaging to consumers located in the Union are complying with these requirements by obtaining:
Amendment 2331 #
2022/0396(COD)
Proposal for a regulation
Article 40 – paragraph 3 a (new)
Article 40 – paragraph 3 a (new)
Amendment 108 #
2022/0365(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) While Euro 7 standards are focused on setting stricter emission standards for vehicles running on a conventional internal combustion engine, it is also necessary to underline the importance of prioritising industrial investment in the development and adoption of CO2 neutral and zero- emission vehicles. By focusing resources on these technologies, the EU can accelerate the transition towards a more sustainable transportation sector and improve air quality, particularly in urban areas, where traffic congestion and pollution can have adverse effects on public health. This approach involves directing financial support, research and development efforts, and regulatory incentives towards fostering advancements in CO2 neutral and zero- emission vehicle technology.
Amendment 109 #
2022/0365(COD)
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
Amendment 126 #
2022/0365(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) While Euro 7 standards are focused on setting stricter emission standards for vehicles running on a conventional internal combustion engine, it is also necessary to underline the importance of prioritising industrial investment in the development and adoption of CO2 neutral and zero- emission vehicles. By focusing resources on these technologies, the EU can accelerate the transition towards a more sustainable transportation sector and improve air quality, particularly in urban areas, where traffic congestion and pollution can have adverse effects on public health. This approach involves directing financial support, research and development efforts, and regulatory incentives towards fostering advancements in CO2 neutral and zero- emission vehicle technology.
Amendment 127 #
2022/0365(COD)
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
Amendment 202 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 10
Article 4 – paragraph 10
Amendment 205 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 217 #
2022/0365(COD)
Amendment 233 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 8
Article 6 – paragraph 8
8. For vehicles, systems, components and separate technical units presenting a serious risk or non-compliance with the requirements laid down in this regulation, manufacturers shall immediately, in accordance with the specified procedures in the corresponding implementing and delegated acts, take the necessary corrective measures, including repairs or modifications of those vehicles, systems, components and separate technical units as appropriate, to ensure compliance with this regulation. Manufacturers or any other economic operator shall withdraw it from the market or recall it, as appropriate. The manufacturer shall immediately inform the type approval authority that granted the type-approval of the non-conformity with appropriate details.
Amendment 234 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 237 #
2022/0365(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 238 #
2022/0365(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 244 #
2022/0365(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 246 #
2022/0365(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 248 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. With effect from … [OP please insert the date = the date of entry into force of this Regulation]the date of entry into force of all implementing and delegated acts adopted in accordance with this Regulation applicable to the relevant vehicle category, where a manufacturer so requests, the national approval authorities shall not refuse to grant EU emission type- approval or national emission type- approval for a new type of vehicle or engine, or prohibit the registration, sale or entry into service of a new vehicle complying with this regulation.
Amendment 253 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. With effect from 36 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, national approval authorities shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption or battery durability, in the case of new types of M1, N1 vehicles, refuse to grant EU emission type-approval or national emission type-approval which do not comply with this Regulation.
Amendment 255 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. With effect from 1 July 202548 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, national authorities shall, in the case of new M1, N1 vehicles which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption or battery durability, prohibit the registration, sale or entry into service of such vehicles.
Amendment 261 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. With effect from 48 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, national approval authorities shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption or battery durability, in the case of new types of M2, M3, N2, N3 vehicles and new O3, O4 trailers, refuse to grant EU emission type-approval or national emission type-approval which do not comply with this Regulation.
Amendment 265 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. With effect from 1 July 202760 months after the entry into force of all implementing or delegated acts relevant to the engine, vehicle or trailer category in question, and according to the specific provisions for systems, components, and separate technical units, national authorities shall, in the case of new M2, M3, N2, N3 vehicles and new O3, O4 trailers, which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into servrefuse to grant EU emission type-approval or national type-approval, with respect to new engine or vehicle of such vehicles. r trailer types, which do not comply with this Regulation.
Amendment 272 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. With effect from 1 July 20305, national authorities shall, in the case of new M1, N1 vehicles constructed by small volume manufacturers and vehicles categorized following Regulation (EU) 2018/858, Part A, 5.2 as SB which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into service of such vehicles.
Amendment 275 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. With effect from 1 July 20315, national authorities shall, in the case of new M2, M3, N2, N3 vehicles constructed by small volume manufacturers, which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into service of such vehicles.
Amendment 277 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 280 #
2022/0365(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With effect from 1 July 202536 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, 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.
Amendment 287 #
2022/0365(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. With effect from 1 July 202748 months after the entry into force of all implementing or delegated acts relevant to the engine, vehicle or trailer category in question, and according to the specific provisions for systems, components, and separate technical units, the sale or installation of a system, component or separate technical unit intended to be fitted on an M2, M3, N2, N3 vehicle and O3, O4 trailers approved under this Regulation, shall be prohibited if the system, component and separate technical unit is not type approved in compliance with this Regulation.
Amendment 292 #
2022/0365(COD)
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. TFor a period of 18 months following the publication of this Regulation in the Official Journal of the European Union and after a comprehensive consultation process, the Commission shall adopt implementing acts for all the phases of emission type- approval, including conformity of production, in-service conformity and market surveillance, addressing procedures and tests for emission type-approval, testing methodologies, administrative provisions, amending and extending emission type- approvals, data access, documentation requirements and templates for all of the following:
Amendment 300 #
2022/0365(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1 – introductory part
Article 14 – paragraph 4 – subparagraph 1 – introductory part
Amendment 316 #
2022/0365(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. TFor a period of 36 months following the adoption of the applicable test conditions, test requirements and declaration, and after a comprehensive scrutiny process, the Commission shall be empowered to adopt delegated acts in accordance with Article 16 in order to take into account technical progress to amend the following:
Amendment 319 #
2022/0365(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The Union is a Contracting Party to the Agreement of the United Nations Economic Commission for Europe (UNECE) of 20 March 1958 concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions. This Regulation should ensure alignment with UNECE Regulations and their subsequent amendments, in particular regarding limits for brake particle emissions, setting abrasion limits for different tyre types, and defining minimum performance requirements for batteries. Therefore, any limits or requirements outlined in a proposal for a UNECE Regulation or an approved amendment to a UNECE Regulation, in accordance with the procedure stated in Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) and Decision 97/836/EC, should be integrated into this Regulation.
Amendment 321 #
2022/0365(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) To enhance clarity, consistency, and simplification, the following implementing measures established under Regulations (EC) No 715/2007 and (EC) No 595/2009 should be repealed and superseded by new implementing acts enacted under this Regulation: Commission Regulation (EU) 582/2011; Commission Regulation (EU) 2017/1151; Commission Regulation (EU) 2017/2400; and Commission Regulation (EU) 2022/1362.
Amendment 334 #
2022/0365(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. By 1 September 2031No later than 60 months after the entry into force of all implementing and delegated acts adopted in accordance with this Regulation, on the basis of the information supplied in accordance with paragraph 1, the Commission shall submit to the European Parliament and to the Council an evaluation report on the application of this Regulation.
Amendment 336 #
2022/0365(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. No later than 36 months after the entry into force of all implementing and delegated acts adopted in accordance with this Regulation, the Commission shall submit to the European Parliament and to the Council a report assessing the durability of heavy-duty vehicles.
Amendment 341 #
2022/0365(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Regulation (EC) 715/2007 is repealed with effect from 1 July 20235.
Amendment 344 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 10
Article 4 – paragraph 10
Amendment 346 #
2022/0365(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Regulation (EC) 595/2009 is repealed with effect from 1 July 202735.
Amendment 346 #
2022/0365(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation applies to motor vehicles of categories M1, M2, M3, N1, N2 and N3, as well as trailers of O3 and O4 categories as specified in Article 4 of Regulation (EU) No 2018/858, including those designed and constructed in one or more stages, and to systems, components and separate technical units intended for such vehicles and tyres of class C1, C2 and C3 as specified in UN Regulation No 117 with the exception of ice grip tyres.
Amendment 347 #
2022/0365(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
It shall apply from 1 July 2025 for36 months after the adoption of all corresponding implementing or delegated acts enacted in accordance with this Regulation for new type M1, N1 vehicles and components and separate technical units for those vehicles and 48 months after the adoption of all corresponding implementing and delegated acts enacted in accordance with this Regulation to new M1, N1 vehicles and components and separate technical units for those vehicles and from 1 July 2027 for. It shall apply 48 months after the adoption of all corresponding implementing and delegated acts enacted in accordance with this Regulation for new type M2, M3, N2, N3 vehicles and components and separate technical units for those vehicles and O3, O4 trailers and 60 months after the adoption of all corresponding implementing and delegated acts enacted in accordance with this Regulation to new M2, M3, N2, N3 vehicles and components and separate technical units for those vehicles and O3, O4 trailers.
Amendment 353 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 355 #
2022/0365(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
It shall apply as from 1 July 20305 for M1, N1 vehicles constructed by small volume manufacturersand components and separate technical units, constructed by small volume manufacturers and vehicles categorized following Regulation (EU) 2018/858, Part A, 5.2 as SB.
Amendment 398 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 403 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 40
Article 3 – paragraph 2 – point 40
(40) ‘defeat device’' means any software or hardware that senses temperature, vehicle speed, engine speed , transmission gear, manifold vacuum or any other parameter to activate, modulate, delay or deactivate the operation of any part of the pollution control system, with the purpose of reducing the effectiveness of the pollution control system when the vehicle is driven element of design of an emission control system of a new vehicle type-approved according to this Regulation that results in a vehicle not complying with the requirements of the Regulation when driven but not under test, and results in the vehicle appearing to be compliant when tested, or which leads to a substantial and non- proportional increase in criteria emissions outside of the test conditions defined in Annex III of this Regulation and which is not covered by an auxiliary emission strategy (AES) that has been type- approved by an approval authority;
Amendment 404 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 40 a (new)
Article 3 – paragraph 2 – point 40 a (new)
Amendment 405 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 41
Article 3 – paragraph 2 – point 41
(41) ‘defeat strategy’ means a strategy that reduces the effectiveness of the pollution controls under ambient or engine operating conditions encountered either during vehicle operation or outside the type-approval test procedures or falsifies data related to sensors, fuel or energy consumption, electric range or battery durability;
Amendment 406 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 41 a (new)
Article 3 – paragraph 2 – point 41 a (new)
(41a) ‘falsifying’ means the intentional, manipulative, and unlawful act of modifying, deleting, or rendering on- board data unusable, resulting in the generation of incorrect or misleading information.
Amendment 422 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 47 – introductory part
Article 3 – paragraph 2 – point 47 – introductory part
(47) ‘small volume manufacturer’ means a manufacturer of fewer than 10 000 new motor vehicles of category M1, or 22 000 new motor vehicles of category N1, or 7 500 new motor vehicles in total from categories M2, M3, N2 and N3 registered in the Union per calendar year and which:
Amendment 431 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 58
Article 3 – paragraph 2 – point 58
(58) ‘geofencing technologies’ means technologies that do not allowwarn a hybrid vehicle to run with thedriver to use of the internal combustion engine (i.e. to enable zero- emission mode) when drivening inside a specific geographic area;
Amendment 432 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 8
Article 6 – paragraph 8
8. For vehicles, systems, components and separate technical units presenting a serious risk or non-compliance with the requirements laid down in this regulation, manufacturers shall immediately, in accordance with the specified procedures in the corresponding implementing and delegated acts, take the necessary corrective measures, including repairs or modifications of those vehicles, systems, components and separate technical units as appropriate, to ensure compliance with this regulation. Manufacturers or any other economic operator shall withdraw it from the market or recall it, as appropriate. The manufacturer shall immediately inform the type approval authority that granted the type-approval of the non-conformity with appropriate details.
Amendment 436 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 448 #
2022/0365(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 452 #
2022/0365(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 466 #
2022/0365(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 471 #
2022/0365(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 477 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. With effect from … [OP please insert the date = the date of entry into force of this Regulation]the date of entry into force of all implementing and delegated acts adopted in accordance with this Regulation applicable to the relevant vehicle category, where a manufacturer so requests, the national approval authorities shall not refuse to grant EU emission type- approval or national emission type- approval for a new type of vehicle or engine, or prohibit the registration, sale or entry into service of a new vehicle complying with this regulation.
Amendment 485 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. With effect from 36 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, national approval authorities shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption or battery durability, in the case of new types of M1, N1 vehicles, refuse to grant EU emission type-approval or national emission type-approval which do not comply with this Regulation.
Amendment 489 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 497 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. With effect from 48 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, national approval authorities shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption or battery durability, in the case of new types of M2, M3, N2, N3 vehicles and new O3, O4 trailers, refuse to grant EU emission type-approval or national emission type-approval which do not comply with this Regulation.
Amendment 505 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. With effect from 1 July 202760 months after the entry into force of all implementing or delegated acts relevant to the engine, vehicle or trailer category in question, and according to the specific provisions for systems, components, and separate technical units, national authorities shall, in the case of new M2, M3, N2, N3 vehicles and new O3, O4 trailers, which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption, energy efficiency or battery durability, prohibit the registration, srefuse to grant EU emission type-approvale or entry into servnational type-approval, with respect to new engine or vehicle of such vehiclesr trailer types, which do not comply with this Regulation.
Amendment 515 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. With effect from 1 July 20305, national authorities shall, in the case of new M1, N1 vehicles constructed by small volume manufacturers and vehicles categorized following Regulation (EU) 2018/858, Part A, 5.2 as SB which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into service of such vehicles.
Amendment 515 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Manufacturers shall not design, construct and assemble vehicles with defeat devices or defeat strategies. In respect of the provisions in this Regulation on auxiliary emission strategies (AES) the following criteria, or combinations thereof, are instances where the application of an AES may be permitted, on the basis of an application to the type approval authority, including the justification and the magnitude of the effect of increased criteria emissions beyond the limits or CO2 or electric efficiency, and approved by the type approval authority: (a) For the safe operation of the vehicle to avoid accidents; (b) For the safety of the driver and passengers; (c) For proof of sudden and substantial damage of a component of the powertrain; (d) For active use only during cold start or warm-up as defined; (e) For cases where its operation is used to trade-off the control of one type of criteria emission, CO2 or electric efficiency in order to maintain control of another type of criteria emission, CO2 or electric efficiency under specific ambient or operating conditions. The overall effect of such an AES shall be to compensate for the effects of extreme operating conditions in a manner that provides acceptable control of all emissions; (f) For cases where it is activated to ensure that the long-term effectiveness of an emission control device will not be reduced or deteriorate, e.g. filter regeneration; (g) For ensuring the emission limits are still fulfilled after applying the extended driving divider or the durability multiplier, beyond the driving conditions defined in this Regulation; (h) For legally required functions, e.g. OBD monitors; (i) For cases where another exemption is approved by the type approval authority based on a sufficient justification. These decisions shall be notified to 'The Forum' established by Article 11 of Regulation (EU) 2018/858 for the purpose of transparency.
Amendment 524 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. With effect from 1 July 20315, national authorities shall, in the case of new M2, M3, N2, N3 vehicles constructed by small volume manufacturers, which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into service of such vehicles.
Amendment 528 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 532 #
2022/0365(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With effect from 1 July 202536 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, 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.
Amendment 537 #
2022/0365(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. With effect from 1 July 202748 months after the entry into force of all implementing or delegated acts relevant to the engine, vehicle or trailer category in question, and according to the specific provisions for systems, components, and separate technical units, the sale or installation of a system, component or separate technical unit intended to be fitted on an M2, M3, N2, N3 vehicle and O3, O4 trailers approved under this Regulation, shall be prohibited if the system, component and separate technical unit is not type approved in compliance with this Regulation.
Amendment 543 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 7 – point e a (new)
Article 4 – paragraph 7 – point e a (new)
(ea) vehicle safety systems.
Amendment 556 #
2022/0365(COD)
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. TFor a period of 18 months following the publication of this Regulation in the Official Journal of the European Union and after a comprehensive consultation process, the Commission shall adopt implementing acts for all the phases of emission type- approval, including conformity of production, in-service conformity and market surveillance, addressing procedures and tests for emission type-approval, testing methodologies, administrative provisions, amending and extending emission type- approvals, data access, documentation requirements and templates for all of the following:
Amendment 574 #
2022/0365(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1 – introductory part
Article 14 – paragraph 4 – subparagraph 1 – introductory part
Amendment 627 #
2022/0365(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. TFor a period of 36 months following the adoption of the applicable test conditions, test requirements and declaration, and after a comprehensive scrutiny process, the Commission shall be empowered to adopt delegated acts in accordance with Article 16 in order to take into account technical progress to amend the following:
Amendment 654 #
2022/0365(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. By 1 September 2031No later than 60 months after the entry into force of all implementing and delegated acts adopted in accordance with this Regulation, on the basis of the information supplied in accordance with paragraph 1, the Commission shall submit to the European Parliament and to the Council an evaluation report on the application of this Regulation.
Amendment 657 #
2022/0365(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. No later than 36 months after the entry into force of all implementing and delegated acts adopted in accordance with this Regulation, the Commission shall submit to the European Parliament and to the Council a report assessing the durability of heavy-duty vehicles.
Amendment 660 #
2022/0365(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Regulation (EC) 715/2007 is repealed with effect from 1 July 20235.
Amendment 666 #
2022/0365(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Regulation (EC) 595/2009 is repealed with effect from 1 July 202735.
Amendment 668 #
2022/0365(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
It shall apply from 1 July 2025 for M1, N1 vehicles and components and separate technical units for those vehicles and from 1 July 2027 for36 months after the adoption of all corresponding implementing or delegated acts enacted in accordance with this Regulation for new type M1, N1 vehicles and components and separate technical units for those vehicles and 48 months after the adoption of all corresponding implementing and delegated acts enacted in accordance with this Regulation to new M1, N1 vehicles and components and separate technical units for those vehicles. It shall apply 48 months after the adoption of all corresponding implementing and delegated acts enacted in accordance with this Regulation for new type M2, M3, N2, N3 vehicles and components and separate technical units for those vehicles and O3, O4 trailers and 60 months after the adoption of all corresponding implementing and delegated acts enacted in accordance with this Regulation to new M2, M3, N2, N3 vehicles and components and separate technical units for those vehicles and O3, O4 trailers.
Amendment 681 #
2022/0365(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
It shall apply as from 1 July 20305 for M1, N1 vehicles constructed by small volume manufacturersand components and separate technical units, constructed by small volume manufacturers and vehicles categorized following Regulation (EU) 2018/858, Part A, 5.2 as SB.
Amendment 758 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Subject to the implementation of the measures specified in this Regulation, Member States have the option to provide financial incentives for retrofitting in-use vehicles to meet the emission limit values outlined in Annex I. Additionally, they can offer incentives for scrapping vehicles that do not meet the requirements specified in this Regulation and its corresponding implementing measures.
Amendment 805 #
2022/0365(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. With effect from 24 months after adoption of the delegated act on the approval of C1 tyres as regards abrasion emissions aligning with the limits established in UN WP29, national authorities shall refuse, to grant component/separate technical unit type approval in respect of new types of tyre that do not comply with this Regulation and its implementing and delegated acts. With effect from 36 months after adoption of the delegated act on the approval of C1 tyres as regards abrasion emissions aligning with those established in UN WP29, national authorities shall refuse to grant type approval or national EC type approval in respect of new C1 tyres which do not comply with this Regulation and its implementing and delegated acts. C1 tyres that were manufactured prior to the dates set out in this paragraph and which do not comply with the requirements of this Regulation may be sold for a period not exceeding 24 months from those dates. After UN WP 29 develops appropriate test methods and limits for tyre abrasion performance to be applied to C2 and C3 tyres, the Commission shall incorporate them this Regulation by means of delegated acts in accordance with Article 16. With effect from 48 months after the adoption of the relevant delegated act on the approval of C2 and C3 tyres as regards abrasion emissions aligning with the limits and testing methods established in UN WP 29 national authorities shall refuse, to grant component/separate technical unit type approval in respect of new types of tyre that do not comply with this Regulation and its implementing and delegated acts. C2 and C3 tyres that were manufactured prior to this date and which do not comply with the requirements of this Regulation may be sold for a period not exceeding 24 months from this date.
Amendment 965 #
2022/0365(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
(d) setting out durability multipliers in Annex IV based on data collected when testing Euro 7 M2, M3, N2, N3 vehicles and a report on the durability of heavy duty vehicles submitted to the European Parliament and Council;
Amendment 1117 #
2022/0365(COD)
Proposal for a regulation
Annex I – Table 4
Annex I – Table 4
Table 4: Euro 7 brake particle emission limits in standard driving cycle applying until 31/12/2034 Emission limits in M1, N1 vehicles N1 vehicles M2, M3 vehicles N2, N3 vehicles in mg/km per vehicle Brake particle 77 15 emissions (PM10) Brake particle emissions (PN)
Amendment 1126 #
2022/0365(COD)
Proposal for a regulation
Annex I – Table 5 – Row 2
Annex I – Table 5 – Row 2
Euro 7 Euro 7 brake particle emission limits in applying from 1/1/2035 Emission limits in M1 vehicles M1, N1 vehicles M2, M3 vehicles N2, N3 vehicles mg/km per vehicle Brake particle emissions 3 (PM10)
Amendment 1129 #
2022/0365(COD)
Proposal for a regulation
Annex I – Table 6 – Title
Annex I – Table 6 – Title
Table 6: Euro 7 tyre aAbrasion rate limitstest method, limits and implementation timeline
Amendment 1130 #
2022/0365(COD)
Proposal for a regulation
Annex I – Table 6
Annex I – Table 6
Amendment 1169 #
2022/0365(COD)
Proposal for a regulation
Annex II – Table 2 - Section I
Annex II – Table 2 - Section I
Amendment 1188 #
2022/0365(COD)
Proposal for a regulation
Annex II – Table 2 – Section II – Row 1
Annex II – Table 2 – Section II – Row 1
Euro 7 Minimum performance requirements (MPR) for battery durability for N1 vehicles Range based MPR Start of life to 5 Vehicles more than 5 Vehicles up to yeStarst or 100 000 km years or 100 000 km, additional lifetime* whichever comes and up to whicheverf life to 8 years first comes first of 8 yearsor 160 000 km or 160 000 kmwhichever comes first OVC-HEV PEV
Amendment 1193 #
2022/0365(COD)
Proposal for a regulation
Annex II – Table 3
Annex II – Table 3
Amendment 1253 #
2022/0365(COD)
Proposal for a regulation
Annex III – Table 5
Annex III – Table 5
Conditions for testing compliance with tyre abrasion limits M2, M3, N2 and N3 Scope covered M1, N1 vehiclesSeries of vehicle by current and UN Regulation amendments Subject Based on the testing Bas OJ Reference future UN Number published oin the testing methodologies developed in UN methodologies developed Tyre abrasion limits test for testing tyre abrasion in real in UN for testing tyre world WP29 OJ Regulations Tyres with C1, C2*, C3* 00 series of OJ L xxx, [1xx] regard to amendments xx.x.20XX, p. x a Abrasion in real world * In the future, the United Nations (UN) will extend the development of an appropriate test method and limits for assessing the abrasion performance of C2 and C3 tyre classes.
Amendment 332 #
2022/0347(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. By 31 December 202835, and every 510 years thereafter, and more often if substantial new scientific findings point to the need for it, the Commission shall review the scientific evidence related to air pollutants and their effects on human health and the environment relevant to achieving the objective set in Article 1 and present a report with the main findings to the European Parliament and to the Council.
Amendment 346 #
2022/0347(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
In order to achieve the objectives set in Article 1, the review shall assess whether this Directive needs to be revised with a view to ensuring alignment, as far as technically and economically feasible, with the World Health Organization (WHO) Air Quality Guidelines and the latest scientific information.
Amendment 359 #
2022/0347(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 – point b
Article 3 – paragraph 2 – subparagraph 3 – point b
(b) demonstrated technological developmentprogress impacting air quality and its assessment,
Amendment 377 #
2022/0347(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The European Environment Agency and relevant stakeholders, including industry, shall assist the Commission in carrying out the review.
Amendment 582 #
2022/0347(COD)
Proposal for a directive
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3 a. The measures prescribed under paragraphs (1) to (3) should be distributed fairly among the sectors contributing to the exceedances, to the extent of their contribution to the exceedances and their technological and economic capabilities.
Amendment 583 #
2022/0347(COD)
Proposal for a directive
Article 19 – paragraph 3 b (new)
Article 19 – paragraph 3 b (new)
3 b. The measures prescribed under paragraphs (1) to (3) should be based on an analysis of their potential for mitigating the exceedances as well as their costs and benefits, as recommended by the World Health Organization, taking specifically into account sector-specific environmental legislation.
Amendment 609 #
2022/0347(COD)
Proposal for a directive
Article 19 – paragraph 5 – subparagraph 5 a (new)
Article 19 – paragraph 5 – subparagraph 5 a (new)
Air quality plans shall not include measures requiring investments in industrial processes and measures that already comply with environmental legislation and will be phased out as part of their deep industrial transformation.
Amendment 673 #
2022/0347(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall ensure that information on ambient air quality is made available to the Commission within the required timescale in accordance with the implementing acts referred to in paragraph 5, and irrespective ofexcluding data not in compliance with data quality objectives laid down in Annex V .
Amendment 721 #
2022/0347(COD)
Proposal for a directive
Article 28
Article 28
Amendment 84 #
2022/0345(COD)
Proposal for a directive
Recital 8
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 taking into account the availability of digital tools. 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, including the protection of the sources of drinking water production, 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 1 000 p.e. and above.
Amendment 146 #
2022/0345(COD)
Proposal for a directive
Recital 16
Recital 16
(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. At the heart of this water- energy nexus is the rapidly growing realisation that climate and water systems are linked, and changes in one system induce important, non-linear changes in the other one. Climate neutrality goals and attention to water resources shall then be developed in a mutually reinforcing way by achieving a Water Smart Society. It means that the value of water is recognised and realised, all available water sources are managed so that water scarcity and pollution are avoided; the water system is resilient against the impact of demographic changes, droughts and floods, and all relevant stakeholders are engaged to guarantee sustainable water governance, while water and resource loops are largely closed to foster a circular economy. 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 2040. 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. Except if demonstrated that the plants have reached their maximal energy efficiency in accordance with the article 11 or any stricter national targets, these audits should be accompanied by an action plan laying down a set of measures to be taken by the plants in order to reduce their energy consumption.Those audits should alsoinclude 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).
Amendment 197 #
2022/0345(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Additional monitoring is necessary to verify compliance with the new requirements concerning micro-pollutants, non-domestic pollution, energy neutrality, GHG emissions, including nitrous oxide, methane and storm water overflows and urban runoff. Such monitoring supports National Inventory Reporting, provides the necessary infrastructure to implement IPCC Guidelines for monitoring and enables the future development of action plans for science-based mitigation aligned with the Paris Agreement. To verify the performance of the quaternary treatment concerning the reduction of micro- pollutants in urban wastewater discharges, it is sufficient to monitor a limited set of representative micro-pollutants. The monitoring frequencies should be aligned to the current best practices, as currently practiced in Switzerland. To remain cost- effective, those obligations should be adapted to the size of the urban wastewater treatment plants and of the agglomerations. The monitoring will also contribute to provide data for the overall Environmental Monitoring Framework as set up under the 8th Environmental Action Programme63, and more specifically feed the Zero Pollution Monitoring Framework underpinning it64and support digital transition in the water sector in line with the EU’s Digital Strategy. _________________ 63 Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General Union Environment Action Programme to 2030 (OJ L 114, 12.4.2022, p. 22). 64 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).
Amendment 206 #
2022/0345(COD)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) Transition in the water sector will require diverse financing from private and public sources. Taking into consideration the European Commission impact assessment projections on financing the new requirements proposed in this Directive, additional financial support by the European Union in a comprehensive manner for all Member States will be required. The European Union is financing transition in many sectors, for example in the energy sector, hydrogen, chips and batteries manufacturing, EV charging infrastructure, etc. as strategic priorities for Europe. Water is essential to life and the sector underlies any economic activity including energy and renewables generation, food production, it is critical for any industrial and manufacturing activities. Hence, the water sector needs to be prioritized as a strategic sector.
Amendment 235 #
2022/0345(COD)
Proposal for a directive
Article 1 – paragraph 1
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 eliminating greenhouse gas emissions 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 . It also introduces requirements for wastewater plants to transition to resource hubs, providing reclaimed water, energy, nutrients, and organic materials.
Amendment 322 #
2022/0345(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) 'Producer Responsibility Organisation’ means an organisation established collectively byunder the supervision of Member States competent authorities with support of producers for the purpose of fulfilling their obligations under Article 9;
Amendment 355 #
2022/0345(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 24 a (new)
Article 2 – paragraph 1 – point 24 a (new)
(24a) ‘direct greenhouse gas emission’ means emission that occurs from sources that are owned or controlled by the urban wastewater treatment plant and collecting systems and include process gas emission such as nitrous oxide and methane.
Amendment 361 #
2022/0345(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 24 b (new)
Article 2 – paragraph 1 – point 24 b (new)
(24b) `indirect greenhouse gas emission´ means emission from the generation of purchased electricity brought into the urban wastewater treatment plant and collection systems and its operation.
Amendment 381 #
2022/0345(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. By way of derogation of paragraphs 1 and 2, exceptions shall be provided to agglomerations where a clear trend of population decrease is shown, evidencing that population will not meet the thresholds of 1000 and 2000 by 2030.
Amendment 473 #
2022/0345(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. By 31 December 2025, Member States shall ensure an independent regular review of the load expressed in p.e. for each agglomeration. This review shall be carried out every five years and at the time the authorisation for discharges is issued. Member States shall ensure a sufficient data base for this review and a determination methodology corresponding to paragraph 4.
Amendment 650 #
2022/0345(COD)
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article8a By way of derogation from articles 6, 7 and 8, the competent authority may, in specific cases, set less strict treatment requirements. Such a derogation may apply only where an assessment shows that the achievement of the treatment levels indicated in articles 6, 7 and 8 would lead to disproportionately higher costs while producing no environmental benefits due to: (a) the geographical location or the local environmental conditions of the installation concerned or (b) the technical characteristics of the installation concerned. The competent authority shall document in an annex to the conditions for the permit the reasons for the application of the derogation including the result of the assessment and the justification for the conditions imposed.
Amendment 836 #
2022/0345(COD)
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Member States shall ensure that energy audits of urban wastewater treatment plants and collecting systems are carried out every four years. Unless demonstrated that the plants have reached their maximal energy efficiency in accordance with article 11 or any stricter national targets, these audits should be accompanied by an action plan laying down a set of measures to be taken by the plants in order to reduce their energy consumption. Those audits shall be carried out in accordance with Article 8 of Directive 2012/27/EU and include an identification of the potential for cost- effective use or production of renewable energy, with a particular focus to identify and utilise the potential for biogas production, while reducing methaneprocess gas emissions. The first audits shall be carried out:
Amendment 959 #
2022/0345(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall systematically promote the reuse of treated wastewater from all urban wastewater treatment plants. Where treated wastewater is reused for agricultural irrigation, it shall comply with the requirements established under Regulation (EU) 2020/741 , and may derogate to Article 7, paragraphs 1 to 4 to benefit from the agronomic value of the treated wastewater.
Amendment 1087 #
2022/0345(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall take the necessary measures to ensure that sludge management routes are conform to the waste hierarchy provided formaximize prevention, re-use and recycling of resources, in Aparticle 4 of Directive 2008/98/EC. Such routes shall maximize prevention, re-ular through sludge valorization in agriculture to recover phosphoruse and nitrogen or recycling of resources andphosphorus from sewage sludge into quality products or raw materials for further applications, in order to minimize the adverse effects on the environment.
Amendment 1101 #
2022/0345(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 27 to supplement this Directive by setting out the minimum reuse and recycling rates for phosphorus and nitrogen from sludge and wastewater, in order to take into account available technologies for phosphorus and nitrogen recovery in sludge and wastewater.
Amendment 1114 #
2022/0345(COD)
Proposal for a directive
Article 21 – paragraph 1 – point d
Article 21 – paragraph 1 – point d
(d) the direct and indirect greenhouse gase emissions produced by all operational activities of the urban wastewater treatment plant, and the energy used and produced by urban wastewater treatment plants and collecting systems of above 10 000 p.e.
Amendment 1151 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point e
Article 22 – paragraph 1 – point e
(e) by 31 December 2025, set up a data set containing information on all direct and indirect green house gas emissions from all operational activities with a breakdown between different gasses, including methane and nitrous oxide, emission sources, 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;
Amendment 1200 #
2022/0345(COD)
Proposal for a directive
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) information on the compliance of the collection and treatment of urban wastewater with Articles 3, 4, 6, 7 and 8, including a comparison between the actual releases of pollutants in receiving waters with the limit values set out in Tables 1, 2 and 3 of Annex I; the aforementioned data shall take the form of a percentage of compliance;
Amendment 1294 #
2022/0345(COD)
Proposal for a directive
Annex I – Part D – point 1 – paragraph 3
Annex I – Part D – point 1 – paragraph 3
Member States shall provide the Commission with all relevant information concerning the applied monitoring method. When an alternative method is approved and fits for purpose in one EU country it must be published on the Commission website and can be used in other EU countries based on the principles of EU internal market.
Amendment 136 #
2022/0344(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2000/60/EC
Article 8 – paragraphs 4 and 5
Article 8 – paragraphs 4 and 5
Amendment 153 #
2022/0344(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2000/60/EC
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where a Member State identifies an issue which has an impact on the management of its water but cannot be resolved by that Member State, it shallmay notify the issue to the Commission and any other Member State concerned and make recommendations for the resolution of it.
Amendment 242 #
2022/0344(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a
Article 3 – paragraph 1 – point 2 – point a
Directive 2008/105/EC
Article 3 – paragraph 1 a – subparagraph 1 – point iii
Article 3 – paragraph 1 a – subparagraph 1 – point iii
(iii) the substances numbered 5, 9, 13, 15, 17, 21, 23, 24, 28, 30, 34, 37, 41, 44 in Part A of Annex I, for which revised EQS are set, and the newly identified substances numbered 46 to 70 in Part A of Annex I, with effect from … [OP please insert the date = the first day of the month following 18 months after the date of entry into force of this Directive]22 December 2027, with the aim of preventing deterioration in the chemical status of surface water bodies and of achieving good surface water chemical status in relation to those substances by 22 December 2039.;
Amendment 300 #
2022/0344(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [OP please insert the date = the first day of the month following 1824 months after the date of entry into force of this Directive].
Amendment 74 #
2022/0219(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Reinforcing the European Defence Technological and Industrial Base (EDTIB) throughout the Union should therefore be at the core of those efforts. Indeed difficulties and gaps still exist and the European defence industrial base remains highlycapabilities remain fragmented, lacking sufficient collaborative action and inter- operability of products.
Amendment 79 #
2022/0219(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) The current geopolitical situation in the Eastern neighbourhood of the Union has shown that, whereas the duplication of efforts should be avoided, a diversified defence market can contribute to the variety of products immediately available on the market and can therefore be beneficial to an adequate satisfaction of Member States’ urgent needs.
Amendment 80 #
2022/0219(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) FurthermoreNevertheless, efforts should be made so that the increased spending results in a much stronger European Defence Technological and Industrial Base. Indeed, without coordination andDTIB throughout the Union. Closer cooperation, together withe increased national investments, are likely to deepen the fragmentation of the European defence industrystrengthen the European defence capabilities as well as increase global competitiveness and efficiency of the defence industry across the Union.
Amendment 87 #
2022/0219(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In the light of the above challenges and the related structural changes in the EU Defence industry, it appears necessary to speed up the adjustment of the European Defence Technological and Industrial BaseDTIB, enhance its competitiveness and efficiency, and thereby contribute to strengthening and reforming Member States’ defence industrial capabilities. Addressing industrial shortfalls throughout the Union should include promptly tackling the most urgent gaps.
Amendment 91 #
2022/0219(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Common investment and defence procurement should in particular be incentivised, as such collaborative actions would ensure that the necessary changes in the EU industrial base takes place in a collaborative manner, avoiding further fragmentation of the industry.
Amendment 186 #
2022/0219(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) to foster cooperation in defence procurement process between participating Member States in order to contributinge to solidarity, interoperability, and prevention of crowding- out effects, avoiding fragmentation and increasings well as to reduce fragmentation, when it is not beneficial for the competition and diversity of products available on the European defence market, and to increase the effectiveness of public spending.
Amendment 146 #
2022/0216(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Given the special nature of SoHOs, resulting from their human origin, and the increasing demands for these substances for human application or for the manufacture of products regulated by other Union legislation, or as the starting and raw material thereof, it is necessary to ensure a high level of health protection for donors as well as for recipients. SoHOs should be obtained from individuals whose health status is such that no detrimental effects will ensue as a result of the donation. This Regulation should therefore include principles and technical rules to monitor and protect donors. As different types of donation imply different risks for donors, with varying levels of significance, the monitoring of donor health should be proportionate to those levels of risk. This is particularly important when donation involves some risk to the donor’s health due to a need for pre-treatment with medicinal products, a medical intervention to collect the substance or a need for donors to donate repeatedly. Donations of oocytes, bone marrow, peripheral blood stem cells and plasma should be considered to imply a significant risk.
Amendment 185 #
2022/0216(COD)
Proposal for a regulation
Recital 18
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. Voluntary and unpaid SoHO donation is also a factor which can contribute to 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.
Amendment 226 #
2022/0216(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) With regards to standards concerning donor, recipient and offspring protection, this Regulation should provide for a hierarchy of rules for their implementation. As risks and technologies change, this hierarchy of rules should facilitate an efficient and responsive uptake of the most up-to-date guidelines for implementing the standards set out in this Regulation. As part of that hierarchy, in the absence of Union legislation describing particular procedures to be applied and followed to meet the standards set out in this Regulation, following the guidelines of the European Centre for Disease Prevention and Control (ECDC) and the EDQM should be considered as a means to demonstratone of the means to be compliancet with the standards laid down in this Regulation to ensure high level of quality, safety and efficacy. Member States may decide that SoHO entities should be permitted to follow other guidelines, provided that it has been demonstrated that those other guidelines achieve the samrecognised guidelines that are based on scientific evidence and achieve an appropriate level of quality, safety and efficacy. In cases of detailed technical issues for which neither Union legislation nor the ECDC and the EDQM have defined a technical guideline or rule, operators should apply a locally defined rule that is in line with relevant internationally recognised guidelines and scientific evidence and is appropriate to mitigate any risk identified.
Amendment 229 #
2022/0216(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The EDQM is a structural part of the Council of Europe working under the European Pharmacopoeia Partial Agreement. The text of the Convention on the elaboration of a European Pharmacopoeia (ETS No. 050), accepted by Council Decision 94/358/EC26, is considered to be the text of the European Pharmacopoeia Partial Agreement. Member States of the Council of Europe that have signed and ratified the European Pharmacopoeia Convention are thealsomember States of the European Pharmacopoeia Partial Agreement and are therefore the members of the intergovernmental bodies functioning within the framework of this partial agreement, including among others: the European Pharmacopoeia Commission, the European Committee on Organ Transplantation (CD-P-TO), the European Committee on Blood Transfusion (CD-P- TS) and the European Committee on Pharmaceuticals and Pharmaceutical Care (CD-P-PH). The European Pharmacopoeia Convention has been signed and ratified by the European Union and all its Member States, all of whom are represented in their intergovernmental bodies. In this context, the work of the EDQM on developing and updating guidelines on safety and quality of blood, tissues and cells, should be considered an important contribution to the field of SoHOs in the Union and should be reflected in this Regulation, without prejudice to the Union’s legal autonomy. The guidelines address issues of quality and safety beyond the risks of communicable disease transmission, such as donor eligibility criteria for the prevention of the transmission of cancer and other non- communicable diseases and the assurance of safety and quality during collection, processing, storage and distribution. It should therefore be possible to use those guidelines as one of the means to implement the technical standards provided for in this Regulation. In order to comply with the Union requirements for review of Union legislation, a transparent and open stakeholder consultation process shall be put in place for the development of those provisions and guidelines from the expert bodies.The committees referred to and any working parties and scientific advisory groups established within those committees shall develop appropriate contacts with public and private key stakeholders, including patients, consumers, health professionals, and industry representatives. _________________ 26 Council Decision 94/358/EC of 16 June 1994 accepting, on behalf of the European Community, the Convention on the elaboration of a European Pharmacopoeia (OJ L 158, 25.6.1994, p. 17).
Amendment 236 #
2022/0216(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The ECDC, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council27, is a Union agency with the mission of strengthening Europe's defences against communicable diseases. The work of the ECDC on developing and updating guidelines on safety and quality of SoHOs from a communicable disease threat perspective, should be considered an important contribution in the field of SoHOs in the Union and should be reflected in this Regulation. In addition, the ECDC established an expert network for the Microbial Safety of SoHOs, which ensures the implementation of the requirements on the ECDC’s relations with the Union Member States and EEA Member States stated in Regulation (EC) No 851/2004, regarding strategic and operational collaboration on technical and scientific issues, surveillance, responses to health threats, scientific opinions, scientific and technical assistance, collection of data, identification of emerging health threats, and public information campaigns related to the safety of SoHOs. This SoHO expert network should provide information or advice in relation to relevant outbreaks of communicable diseases, in particular regarding the eligibility and testing of donors and the investigation of serious adverse occurrences involving suspected transmission of a communicable disease. In order to comply with the Union requirements for review of Union legislation, a transparent and participatory stakeholder consultation process shall be put in place for the development of those provisions and guidelines from the expert bodies.The committees referred to and any working parties and scientific advisory groups established within those committees shall develop appropriate contacts with public and private key stakeholders, including patients, consumers, health professionals, and industry representatives. _________________ 27 Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004, establishing a European centre for disease prevention and control (OJ L 142, 30.4.2004, p. 1).
Amendment 249 #
2022/0216(COD)
Proposal for a regulation
Recital 37
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 a strong public and non-profit sector involvement in the provision of SoHO services, in particular for critical SoHOs and the related research and development.
Amendment 270 #
2022/0216(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to promote a coordinated application of this Regulation, a SoHO Coordination Board (SCB) should be set up. The Commission should participate in its activities and chair it. The SCB should contribute to a coordinating the application of this Regulation throughout the Union, including by helping Member States to conduct SoHO supervisory activities. The SCB should be composed of persons designated by the Member States based on their role and expertise in their competent authorities, and should also involve experts that are not working for competent authorities, for specific tasks where access to necessary in-depth technical expertise in the field of SoHOs is required. In the latter case, appropriate consideration should be given to the possibility of involving European expert bodies such as the ECDC and the EDQM and existing professional, scientific and donor and patient representative groups and industry experts at Union level in the field of SoHOs. When seeking the input of expert bodies such as the ECDC and the EDQM, the SCB shall have due regard to their respective areas of expertise and avoid duplication.
Amendment 273 #
2022/0216(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38 a) The Commission shall cooperate with the EDQM in relation to the guidelines issued by that body. Such cooperation is without prejudice to the autonomy of Union law and should take into account Union principles on transparency and stakeholder participation.
Amendment 278 #
2022/0216(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The concept of a plasma master file (PMF) was established in Commission Directive 2003/63/EC28. Since that Directive provided for a specific regulatory role for the European Medicines Agency (EMA) in relation to authorisation of plasma for fractionation, the SCB should also collaborate with the relevant EMA expert working groups to exchange experience and good practices so that criteria for the eligibility of donors of plasma for fractionation and of donors of blood for transfusionare implemented by Member States in a consistent and coherent way. _________________ 28 Commission Directive 2003/63/EC of 25 June 2003 amending Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use (OJ L 159, 27.6.2003, p. 46).
Amendment 446 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 64
Article 3 – paragraph 1 – point 64
(64) ‘compensation’ means making good of any lossexpenses and inconveniences associated with donation;
Amendment 456 #
2022/0216(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 70 a (new)
Article 3 – paragraph 1 – point 70 a (new)
(70 a) ‘risk-based approach’ shall mean one that uses techniques to determine the areas of risk where ‘risk’ is identified as the probability of an event occurring that will have an impact on the achievement of objectives, taking into account the severity of its outcome and/or the likelihood of non-detection by other methods.
Amendment 480 #
2022/0216(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point c
Article 5 – paragraph 3 – point c
(c) have sufficient resources, operational capacity, and subject matter expertise to achieve the aims of, and fulfil their obligations under, this Regulation;
Amendment 494 #
2022/0216(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) a sufficient number of suitably qualified personnel and subject matter experts on specific types of SoHOs to carry out the supervisory functions provided for in this Regulation;
Amendment 512 #
2022/0216(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The consultation and cooperation referred to in paragraphs 1, 2 and 5 may also be initiated on the basis of a request for advice from a SoHO entity, as referred to in Article 40.
Amendment 557 #
2022/0216(COD)
Proposal for a regulation
Article 29 – paragraph 5 – introductory part
Article 29 – paragraph 5 – introductory part
5. By derogation from paragraph 4, competent authorities may conduct inspections, in full or in part, by means of a remote document reviewinspection, provided that:
Amendment 558 #
2022/0216(COD)
Proposal for a regulation
Article 29 – paragraph 7 – subparagraph 1
Article 29 – paragraph 7 – subparagraph 1
Inspectors shall verify that SoHO establishments meet the general standards concerning SoHO donor protection laid down in Article 53, the standards concerning the voluntary and unpaid nature of SoHO donations laid down in Article 54, the standards concerning information to be provided prior to consent or authorisation laid down in Article 55 and the general standards concerning recipient and offspring protection laid down in Article 58, as applicable.
Amendment 559 #
2022/0216(COD)
Proposal for a regulation
Article 29 – paragraph 11
Article 29 – paragraph 11
11. The interval between two on-site inspections shall not exceed 4 yearsould be decided based on the necessary frequency to mitigate any identified risks and it should be unified across the EU risk-based approach.
Amendment 616 #
2022/0216(COD)
Proposal for a regulation
Article 53 – paragraph 1 – point j
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 compromised;
Amendment 619 #
2022/0216(COD)
Proposal for a regulation
Article 53 – paragraph 1 – point k
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 to in paragraph 3;
Amendment 639 #
2022/0216(COD)
Proposal for a regulation
Article 54 – paragraph 2
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 partimaking good any expenses and inconveniences associpation ined with their donations through 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.
Amendment 664 #
2022/0216(COD)
Proposal for a regulation
Article 56 – paragraph 4 – introductory part
Article 56 – paragraph 4 – introductory part
4. For those standards concerning donor protection or elements thereof for which no implementing act has been adopted, in order to apply such standards or elements thereof, and upon decision of EU Member States, SoHO entities shall follow:
Amendment 668 #
2022/0216(COD)
Proposal for a regulation
Article 56 – paragraph 4 – point b
Article 56 – paragraph 4 – point b
(b) other guidelines accepted by competent authorities, as achieving an equivalent comparable level of donor safety as set by the technical guidelines referred to in point (a);
Amendment 669 #
2022/0216(COD)
Proposal for a regulation
Article 56 – paragraph 4 – point c
Article 56 – paragraph 4 – point c
(c) where the guidelines referred to in points (a) or (b) do not address a particular technical method, other technical methods in line with relevant internationally recognised guidelines and scientific evidence in peer- reviewed scientific publications, where available.
Amendment 758 #
2022/0216(COD)
Proposal for a regulation
Article 62 – paragraph 2
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 SoHO with a strong public and non- profit sector involvementinvolvement of all relevant stakeholders.
Amendment 765 #
2022/0216(COD)
Proposal for a regulation
Article 62 – paragraph 2 a (new)
Article 62 – paragraph 2 a (new)
Amendment 799 #
2022/0216(COD)
Proposal for a regulation
Article 67 – paragraph 2
Article 67 – paragraph 2
2. Each Member State shall nominate two permanent members and two alternates representing the SoHO National Authority and, where the Member State chooses, the Ministry of Health. The SoHO National Authority may nominate members from other competent authorities, but those members shall ensure that the views and suggestions they make are endorsed by the SoHO National Authority. The Board may also invite experts and observers to attend its meetings, and may cooperate with other external exshall, in agreement with the Commission, invite representatives of the industry, including both the public and private sector, as well as consumers, patients and health professionals, to participate in certain aspercts as appropriateof the Board’s work, under conditions determined beforehand by the Board. Other Union institutions, bodies, offices and agencies shall have an observer role.
Amendment 823 #
2022/0216(COD)
Proposal for a regulation
Article 68 – paragraph 1 – point e
Article 68 – paragraph 1 – point e
(e) liaising for the exchange of experience and good practices, as relevant, with the EDQM and the ECDC regarding technical standards within their respective areas of expertise, and with the EMA on authorisations and supervisory activities concerning the implementation of the PMF certification pursuant to Directive 2003/63/EC, to support the harmonised implementation of standards and technical guidelines;
Amendment 834 #
2022/0216(COD)
Proposal for a regulation
Article 71 – paragraph 1
Article 71 – paragraph 1
The Commission shall establish and maintain cooperation with the EDQM in relation to the guidelines published by the EDQM. Such cooperation is without prejudice to the autonomy of Union law and should take into account Union principles on transparency and stakeholder participation.
Amendment 856 #
2022/0216(COD)
Proposal for a regulation
Article 74 – paragraph 3 – subparagraph 1
Article 74 – paragraph 3 – subparagraph 1
The Commission shall adopt implementing acts to ensure uniformity, compatibility and comparability laying down technical specifications for the EU SoHO Platform, including its functions, the roles and responsibilities of each of the parties listed in paragraph 1, the retention periods for personal data and the technical and organisational measures to ensure the safety and security of personal data processed.
Amendment 7 #
2022/0212(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the Commission REPowerEU Plan to accelerate the green transition and to increase the Union’s energy independence; highlights that accelerating the implementation of the European Green Deal willhas the potential to reduce the Union dependency from third countries in some sectors, but underlines as well that there is a severe risk that some vital sectors will leave the Union and thus make the Union more dependent on third countries;
Amendment 13 #
2022/0212(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that Russia's illegitimate and unjustifiable war against Ukraine has made the world substantially more insecure and has presented the Union with new challenges; it is important to address all those challenges, including gaining independence from Russia, especially when it comes to our energy supply, but it is also important not to underestimate other challenges; the Union must, therefore, work together to guarantee security of supply and affordability of energy; in addition, it is important to keep, especially in these times, the promise of the European Green Deal in mind, according to which no one will be left behind; the Union budget should, therefore, reflect the need to combat energy and transport poverty;
Amendment 37 #
2022/0212(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Reminds the importance of taking due account of the lessons learned from the COVID-19 pandemic regarding public health and affordable and accessible care services; in this regard calls for increasing the level of support to the European Health Union in addition to the EU4Health Programme in the 2023 Union budget; calls for a specific action on mental health within the framework of the EU4Health Programme in order to tackle the mental health problems of the population and particularly those derived from the COVID-19 pandemic; stresses that sufficient resources should be allocated for increasing investments in research and development in the area of health;
Amendment 32 #
2022/0210(COD)
Proposal for a regulation
Recital 3
Recital 3
Amendment 47 #
2022/0210(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In 2019, the European Court of Auditors published a special report No 2019/16 entitled “European Environmental Economic Accounts: usefulness for policymakers can be improved”.15 That report points to a need for more complete data on forests and ecosystems and for full implementation of forest accounts. recommends: (i) to improve the strategic framework for EEEA data, (ii) to improve the relevance of EEEA modules for policy making and (iii) to improve the timeliness of EEEA data. _________________ 15 https://www.eca.europa.eu/en/Pages/DocIt em.aspx?did=51214
Amendment 50 #
2022/0210(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Article 5(2) of Regulation (EU) No 691/2011 lists the sources that Member States may use to estimate the environmental economic accounts. Icollect the necessary data in order to ensure flexibility and to reduce the administrative burden on respondents, National Statistical Institutes and, other national authorities, Member States should be allowed to use innovative approaches. Member States s and stakehould always inform the Commission and provide details as regards the quality of those approaches for the Commission to assess the quality of the dataers.
Amendment 55 #
2022/0210(COD)
(11) The list of possible future European environmental economic accounts listed in Article 10 of Regulation (EU) No 691/2011 needs to be updated to align them to the current policy priorities of the Union with full respect and in line with the principle of subsidiarity and proportionality.
Amendment 58 #
2022/0210(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 61 #
2022/0210(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 65 #
2022/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 691/2011
Article 2 – point 7
Article 2 – point 7
Amendment 67 #
2022/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 691/2011
Article 2 – point 9
Article 2 – point 9
Amendment 70 #
2022/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EU) 691/2011
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
Amendment 71 #
2022/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EU) 691/2011
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) a module for environmental subsidies and similar transfers accounts, as set out in Annex VIII;
Amendment 72 #
2022/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EU) 691/2011
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
Amendment 77 #
2022/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) 691/2011
Article 3 – paragraph 4a (new)
Article 3 – paragraph 4a (new)
Amendment 85 #
2022/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 691/2011
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
any other relevant sources, methods or innovative approaches insofar as they allowrelevant for the production of statistics that are comparable and compliant with the applicable specific quality requiremeaccounts.
Amendment 86 #
2022/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 691/2011
Article 5 – paragraph 2 – point d – subparagraph 2
Article 5 – paragraph 2 – point d – subparagraph 2
Amendment 88 #
2022/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 691/2011
Article 5 – paragraph 2 – point d – subparagraph 2
Article 5 – paragraph 2 – point d – subparagraph 2
Member States which decide to use the sources, methods or innovative approaches referred to in point (d) shall inform the Commission (Eurostat) during the year preceding the reference year during which the source, method or innovative approach will be introduced, and shall provide details concerning the quality of the data obtained.;and shall provide details concerning the source, method or innovative approach.
Amendment 90 #
2022/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) 691/2011
Article 6
Article 6
Amendment 95 #
2022/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 691/2011
Article 8 – paragraph 2
Article 8 – paragraph 2
2. For the purposes of obtaining a derogation under paragraph 1 for Annexes VII, VIII and IX, the Member State concerned shall present a duly justified request to the Commission no later than [OPOCE, please insert exact date which is 24 months after the entry into force of this Regulation].;
Amendment 96 #
2022/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 691/2011
Article 9
Article 9
Amendment 101 #
2022/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 691/2011
Article 10
Article 10
- for introducing new environmental economic account modules, such as Water Accounts (quantitative and qualitative), Resource Management Expenditure Accounts, Subsidies or support measures potentially harmful for the environment and Waste Accounts;
Amendment 102 #
2022/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 691/2011
Annex VII, VIII and IX
Annex VII, VIII and IX
(9) Annexes VII, VIII and IX, as set out in the Annex to this Regulation, are added to Regulation (EU) No 691/2011.
Amendment 104 #
2022/0210(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
The data on environmental protection transfers (received/paid) formerly submitted pursuant to Annex IV shall be submitted under Annex VIII. Member States shall no longer provide data on environmental protection transfers (received/paid) pursuant to Annex IV.
Amendment 106 #
2022/0210(COD)
Proposal for a regulation
Annex I
Annex I
Regulation (EU) 691/2011
Annex VII
Annex VII
Amendment 109 #
Amendment 110 #
2022/0210(COD)
Proposal for a regulation
Annex I
Annex I
Regulation (EU) 691/2011
Annex VIII – section 2
Annex VIII – section 2
The environmental subsidies and similar transfers accounts record unrequited payments from general government to other institutional sectors (within the domestic economy and to the rest of the world) and from non-residents (rest of the world), for the purpose of protectmonitoring of the environment or reducing the use and extraction of natural resourcesimpact to the environment.
Amendment 111 #
Amendment 276 #
2022/0196(COD)
Proposal for a regulation
–
–
– The European Parliament rejects the Commission proposal (The proposal is inconsistent with the principles of subsidiarity and proportionality.)
Amendment 279 #
2022/0196(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the sustainable use of plant protection products and amending Regulation (EU) 2021/2115 The word "Regulation" should be replaced throughout the whole text with the word "directive".
Amendment 284 #
2022/0196(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Treaty requires a high level of protection of human health and of the environment to be ensured in the definition and the implementation of all Union policies and activities and provides that Union policy on the environment is to aim at a high level of protection. The precautionary principle is set out in Article 191 of the Treaty, acknowledging that is already taken into account in of the authorisation procedure.
Amendment 289 #
2022/0196(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Article 39 of the Treaty on the Functioning of the European Union sets out the clear objective that supplies should be secured and that food should be available to consumers at reasonable prices.
Amendment 291 #
2022/0196(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Directive 2009/128/EC of the European Parliament and of the Council37 established a framework to achieve a sustainable use of pesticidelant protection products by reducing the risks and impacts of the use of pesticidelant protection products on human health and the environment. The evaluation38 of that Directive found that it has not achieved its overall objectives and that the Member States did not implement it in a satisfactory manner. This conclusion was confirmed in reports from the Commission to the European Parliament and Council in 201739 and 202040 . (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) __________________ 37 Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71). 38 [Reference to be inserted.] 39 Report from the Commission to the European Parliament and the Council on Member State National Action Plans and on progress in the implementation of Directive 2009/128/EC on the sustainable use of pesticides COM(2017)587 final. 40 Report from the Commission to the European Parliament and the Council on the experience gained by Member States on the implementation of national targets established in their National Action Plans and on progress in the implementation of Directive 2009/128/EC on the sustainable use of pesticides COM(2020) 204 final.
Amendment 292 #
2022/0196(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Directive 2009/128/EC of the European Parliament and of the Council37 established a framework to achieve a sustainable use of pesticides by reducing the risks and impacts of the use of pesticides on human health and the environment. The evaluation38 of that Directive found that it has not achieved its overall objectives and that the Member States did not implement it in a satisfactory manner. This conclusion was confirmed in reports from the Commission to the European Parliament and Council in 201739 and 202040 . __________________ 37 Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71). 38 [Reference to be inserted.] 39 Report from the Commission to the European Parliament and the Council on Member State National Action Plans and on progress in the implementation of Directive 2009/128/EC on the sustainable use of pesticides COM(2017)587 final. 40 Report from the Commission to the European Parliament and the Council on the experience gained by Member States on the implementation of national targets established in their National Action Plans and on progress in the implementation of Directive 2009/128/EC on the sustainable use of pesticides COM(2020) 204 final.
Amendment 301 #
2022/0196(COD)
Proposal for a regulation
Recital 3
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 . __________________ 41 P8_TA(2019)0082, 12 February 2019. 42 P9_TA(2021)0425, 20 October 2021.
Amendment 302 #
2022/0196(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The European Parliament resolution of 21 March 2022 on the need for an urgent EU action plan to ensure food security inside and outside the Union in light of Russian invasion in Ukraine noted that the Union must act to implement measures and use available tools to strengthen their food supply chains.
Amendment 305 #
2022/0196(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 314 #
2022/0196(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The rules concerning biocidal products are laid down in Regulation (EU) No 528/2012 of the European Parliament and of the Council46 , and an evaluation of that Regulation is planned. It is therefore not appropriate to introduce new rules on the use of biocidal products in this Regulationn order to achieve the goals, it is necessary that the regulation mentioned should be revised, especially with regard to the approval period and test mechanism. __________________ 46 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).
Amendment 319 #
2022/0196(COD)
Proposal for a regulation
Recital 7
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. As plant breeding and seed production contribute to the overall reduction targets, through the marketing of resistant varieties and the supply of healthy seeds to the market, the above mentioned activities are exempt from the overall reduction targets. __________________ 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.
Amendment 338 #
2022/0196(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 342 #
2022/0196(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In their latest advice about the ECI “Save bees and farmers”, the EESC points out that many legislative acts are being prepared or have already been adopted by the Commission in favour of bees, pollinators, biodiversity, the sustainable use of pesticides, and support for farmers in the agro-ecological transition. It recognises, however, that these measures have not fully achieved their objectives. It therefore calls on the Commission to take additional measures to achieve its ambitious objectives more effectively in practice. For example, it recommends stronger support for precision agriculture, digital agriculture, biological control, and robotics, as well as agro-ecology. The EESC stresses the need to take into account all three pillars of sustainability (environmental, social and economic), without neglecting the economic situation, which is often overlooked, in an essential context of systemic sustainability and food sovereignty The EESC also calls on the Commission to carry out impact assessments before taking any decision, in order to assess, in particular, the costs of the initiative for agricultural production and the economy, compared to the financial cost of biodiversity loss for farmers.
Amendment 346 #
2022/0196(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In the final report of the Conference on the Future of Europe, published on 9 May 2022, when it comes to the proposals on agriculture, food production, biodiversity and ecosystems, pollution, citizens ask the Union in particular to significantly reduce the use of chemical pesticides and fertilizers, in line with the existing targets, while still ensuring food security, and support for research to develop more sustainable and natural- based alternatives. Citizens ask for more research and innovations, including in technological solutions for sustainable production, plant resistance, and precision farming, and more communication, advisory systems, and training for and from farmers as well as asking the Union to protect insects, in particular indigenous and pollinating insects.55 __________________ 55 Conference on the Future of Europe – Report on the Final Outcome, May 2022, Proposals 1 and 2, pp. 43-44.
Amendment 356 #
2022/0196(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Biological control agents are a sustainable controlis one type of alternative to the use of chemical products, to combine with other solutions like agronomic practices, genetics, innovative agricultural equipment, etc. 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 both organic, high-technological and conventional farming. Access to biological controls would facilitates moving away from chemical plant protection products and apply them as a last resort following the Integrated Pest Management (IPM) principles, including reduced use through precision farming techniques. 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).
Amendment 360 #
2022/0196(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Biological control agents are aplant protection products are a possible sustainable control alternative to the use of chemical products for the control of harmful organismlant protection products. As noted in Council Decision (EU) 2021/110257 , biological control agenplant protection products 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 controlplant protection products 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).
Amendment 366 #
2022/0196(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 379 #
2022/0196(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Since the European Commission presented the Green Deal, including the Farm to Fork Strategy in May 2020, numerous impact assessments have been conducted in order to measure the impact of the Commission proposals on European agriculture and food security in the Union. One of these studies, conducted by Wageningen University and Research, found that the proposed targets could lead to an average production decline of up to 20%12a. __________________ 12a https://www.wur.nl/en/research- results/research-institutes/economic- research/show-wecr/green-deal-probably- leads-to-lower-agricultural-yields.htm
Amendment 380 #
2022/0196(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
Amendment 384 #
2022/0196(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Given the different levels of historical progress and differences in intensity of pesticide use between Member States, it is necessary to allow Member States some flexibilityadaptation to farm realities in their National Strategic Plans when setting their own binguiding national targetreduction ambitions (“national 2030 reduction targets”). Intensity of use isand risk should best measured by dividing the total quantity of active substances placedthrough a scientifically justified formula, taking into account the particular conditions onf the mfarket, and therefore used, in the form of plant protems (e.g., technical and mechanical solutions to reduce risk should be taken into account; for closed farming systems, the impacti on products in a particular Member State by the surface area over which the active substances wethe environment is much lower and not related to sales, etc.) and the Member States (e.g., geography, climate, production methods, IPM measures applied. Intensity in th jointly with the possible use of csynthemtical pesticides, and in particular of the more hazardous pesticides, correlates with greater dependency on chemical pesticides, greater risks to human health and the environment and less sust when needed) and developing comparable usage indicators that would not rely on adaptation of sales data but on usage per unit of harvested product. Intensity in the use of synthetic and/or hazardous pesticides may depend on the avainlable farming pracility of alternaticves. It is therefore appropriate to allow Member States to take their lower intensity of or low-risk products and tools to be used instead. Availability of suitable alternatives allows farmers to use of csynthemtical pesticides than the Union average into account in setting their national 2030 reduction targets. It is also appropriate to require them to take their higher intensity of use of cas a last recourse following IPM principles. It is therefore appropriate to allow Member States to consider both the availability in the market of synthemtical pesticides than the Union average into account in sett, low-risk and non-synthetic tools for plant protection when designing their national 2030 reduction targets. In addition, in order to give recognition to past efforts by Member States, they should also be allowed to take into account historical progress prior to the adoption of the Farm to Fork Strategy when setting national 2030 reduction targets. Conversely, where Member States have increased, or made only limited reductions in, their use and risk of csynthemtical plant protection products, they should now make a greater contribution to the achievement of the Union 2030 reduction targets, while also taking account of their intensity and risk of pesticide use. In order to ensure a fair and collective effort towards the achievement of Union-wide targets and an adequate level of ambition, minimum limits should be laid down for national 2030 reduction targets. TMember States territories, including the EU’s outermost regions, as listed in Article 349 of the Treaty, are located in the Atlantic, Caribbean and Indian Ocean. Due to permanent constraints such as their remoteness to the European continent, insularity and high expo, should be allowed to take into account the specific needs of their different regions as regards the use of plant protection products and measures to climate change, it is appropriate to allow Member States to take into account the specific needs of these regions as regards the use of plant protection products and measures tailored to specific climatic conditions and cropailored to specific climatic conditions and crops. In some particular regions, tailored- measures should be further developed to cope with problems derived from remoteness, insularity and/or high exposure to climate change. This should allow a case-by-case decision-making process regarding the level of pesticide reduction targets in both EU continental and outermost regions. In order to ensure a fair and collective effort towards the achievement of Union-wide targets, where a Member State reaches the level of its 2030 national reduction target before 2030, it should not be required to undertake additional reduction efforts, but it should closely monitor annual fluctuations in the use and risk of csynthemtical plant protection products and in the use of more hazardous plant protection products to ensure progress towards meeting the respective 2030 national reduction target. In the interests of transparency, Member State responses to any Commission recommendations in relation to the level of ambition of national targets and the annual progress made towards them should be publicly accessible.
Amendment 403 #
2022/0196(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In its Staff Working Document on the Drivers of Food Security, the European Commission acknowledges that “Soil, water, biodiversity, and air are basic requirements for food production” and confirms how availability and access to food for consumers at reasonable prices are objectives that cannot be taken for granted.
Amendment 405 #
2022/0196(COD)
Proposal for a regulation
Recital 14
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 , outlining possible ways to reduce the uset 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 comf plant protection products in a sustainable manner. The national action pliance 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 managements shall be submitted to the European Commission.
Amendment 425 #
2022/0196(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to achieve the Union-wide reduction targets (‘Union 20305 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 alternativelow hazardous plant protection products as wiell incentivise the adoption of low pesticide-input pest management practices such as organic farmingas in precision farming and new types of application.
Amendment 439 #
2022/0196(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The implementation of policies and measures in the areas of sustainable use of plant protection products has an impact on the environment, public health and working conditions. Member States should therefore ensure that the public and social partners are given sufficient opportunities to participate in and to be consulted on the preparation of Member State national action plans in accordance, where applicable, with Directive 2001/42/EC of the European Parliament and of the Council58 shall be informed on the national action plans. __________________ 58 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).
Amendment 453 #
2022/0196(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Economic instruments, including those unaccess to new financial instruments outsider the CAP that provide support to farmers, can play a crucial 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.
Amendment 466 #
2022/0196(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) An approach to pest controllant protection 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 exhausted. 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 or there is a risk of a significant loss of yield or quality. These records are also required for aerial applications.
Amendment 473 #
2022/0196(COD)
Proposal for a regulation
Recital 20
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 exhausted. 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 there are no viable alternatives or 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.
Amendment 481 #
2022/0196(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) To avoid unnecessary duplication, the Commission should establishmay provide a standard template for Member States to integrate records kept by professional users of actions taken in line with integrated pest management with those kept under Article 67 of Regulation (EC) No 1107/2009.
Amendment 484 #
2022/0196(COD)
Proposal for a regulation
Recital 22
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 mustay follow 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 grounddetermine the requirements of integrated pest management.
Amendment 491 #
2022/0196(COD)
Proposal for a regulation
Recital 23
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 rules 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 intervention 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).
Amendment 500 #
2022/0196(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to ensure that plant protection products and related application equipment are used in a manner that protects human health, the health of a professional user and the environment, it is necessary to provide for general requirements on professional users in relation to the training required to use certain plant protection products or application equipment, the use of more hazardous plant protection products and the need to comply with inspection requirements for application equipment in professional use.
Amendment 505 #
2022/0196(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) UImproper 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 , such as parks or urban areas and sports and leisure facilities, urban areas covered by a watercourse or water feature, to be defined at a case-by-case basis considering the particular conditions of each Member State. 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 Parliaor 1 meter when efficient drift control nozzles are used, should therefore be prohibited. If a physical buffer zone is already present, no addition buffer zones are needed. Exemptions and derogations from the prohibition should be foreseen for cases where the use of PPPs contributes to the achievement and of the Council of 30 November 2009overall objectives onf 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)is Regulation, e.g. the use of PPPs in plant breeding and seed production to assure the supply of healthy commercial seed for farmers and growers compliant with EU Regulation 2016/2031 and specific standards laid down in the EU seed marketing legislation.
Amendment 529 #
2022/0196(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Precision farming refers to agricultural management systems carefully tailoring crop managementsuch as cultivation, crop protection or fertilization 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, and 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 manned 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. 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.
Amendment 536 #
2022/0196(COD)
Proposal for a regulation
Recital 28
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.
Amendment 548 #
2022/0196(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Sale of a plant protection product is an important element in the distribution chain because it allows distributors to provide the necessary information to support its proper use. Specific advice on safety instructions for human health and the environment should be available to the purchaser or end user at the time of sale in order to allow questions to be answered that will facilitate the correct use of the relevant plant protection product. For non- professional users, general information should be available under applicable law at point of sale on safe use, handling and storage of plant protection products and on disposal of the packaging of such products, since those users do not generally have the same practical knowledge as professional users.
Amendment 551 #
2022/0196(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) It is essential that Member States establish and maintain systems of both initial and follow-up training for distributors,systems for advisors and professional users of plant protection products and certification systems to record such training, in order to ensure that those operators are fully aware of the potential risks to human health and the environment and of the appropriate measures to reduce those risks as much as possible. The training for advisors should be more extensive than that of distributors and professional users since they need to be able to support the proper implementation of integrated pest management and crop- specific rulguidelines. The use or purchase of a plant protection product authorised for professional use must be limited to persons in possession of a training certificate. In addition, in order to ensure safe use of plant protection products for human health and the environment, distributors should be required to provide both professional and non- professional purchasers of plant protection products with product specific information at point of sale.
Amendment 556 #
2022/0196(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to ensure a planned approach to harmful organism control techniquesplant protection control 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 consult trained, independent advisors on pest management, so that plant protection products are only used as a last resort.
Amendment 563 #
2022/0196(COD)
Proposal for a regulation
Recital 34
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 measures.
Amendment 565 #
2022/0196(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 572 #
2022/0196(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to minimise the adverse impacts of plant protection products on human health and the environment, it is necessary to provide for systems for regular technical inspection of application equipment in professional use. Given the potentially reduced impact of application equipment in professional use which represents a very low scale of use, it is also appropriate to allow Member States to lay down less stringent inspection requirements and provide for different inspection intervals in relation to such equipment. In addition, due to the relatively low cost of purchasing new handheld application equipment and knapsack sprayers compared to the costs of inspection, it is appropriate to provide for the possibility of national derogations from the mandatory inspection of such equipment, subject to the carrying out of a risk assessment covering the risks to human health and the environment posed by such equipment. That assessment should include an estimation of the scale of use of the equipment. To ensure compliance with the inspection requirements, it is necessary to require that each Member State establish a register of application equipment in professional use and keep that register up to date. As some of the application equipment does not have unique IDs, it is necessary to make provision for the supply of a unique ID to such application equipment to ensure that all equipment is physically identified. The member states are required to ensure through regular checks that the application devices are subject to ongoing testing.
Amendment 584 #
2022/0196(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Statistical data on plant protection products collected in accordance with Regulation (EC) No 1185/2009 of the European Parliament and of the Council74 should be used in calculating these harmonised risk indicators based on real use of pesticides and progress towards achieving binguiding Union and national targets based on the Farm to Fork Strategy. Given that pesticide use fluctuates between years depending, in particular, on the weather, a three year baseline period is appropriate to take account of such fluctuationt least a ten year timespan should be considered to see the real usage trends in use of pesticides. The baseline period for the calculation of harmonised risk indicators 1 and 2 is 2011–2013, as this was the first three year period for which data was received by the Commission under Regulation (EC) No 1185/2009 and coincides with the entry into force of Directive 2009/128/EC. The baseline period for the calculation of progress towards the Union 2030 reduction targets is 2015–, therefore, 2011 – 20173, as this was the three most recent years for which data was available at the time of the announcement of the Farm to Fork Strategyin order to fully reflect and respect the achievements already made by European farmers. The baseline period for the calculation of a new harmonised risk indicator 2a is 2022–2024, as this will be the first three year period for which data on the areas treated under each authorisation for an emergency situation in plant protection will be available. __________________ 74 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).
Amendment 598 #
2022/0196(COD)
Proposal for a regulation
Recital 39
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 plantThe 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 such as decrease in livestock proteduction granted under Regulation (EC) No 1107/2009. Those statistics are used inor a deviation from the principles of the calirculation 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 bar economy, driven by the incorrect or redundant use of plant protection products. It is therefore essential to ensure that plant protection products are used oin 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 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 aquantify the risks arising from authorisations for emergency situations in plant protectionc environment and sensitive areas.
Amendment 609 #
2022/0196(COD)
Proposal for a regulation
Recital 40
Recital 40
Amendment 618 #
2022/0196(COD)
Proposal for a regulation
Recital 41
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 and globally. 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.
Amendment 625 #
2022/0196(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In order to enforce the obligations set out in this Regulation, Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that those rules are enforced. The penalties should be effective, proportionate and dissuasive. It is also important to provide for Member States to recover costs related to carrying out obligations under this Regulation by means of fees or charges in order to ensure that adequate financial resources are available to competent authorities.
Amendment 633 #
2022/0196(COD)
Proposal for a regulation
Recital 44
Recital 44
Amendment 638 #
2022/0196(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 641 #
2022/0196(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In order to assess whether this Regulation reaches its objectives effectively and efficiently, is coherent and still relevant and provides added value at Union level the Commission should carry out an evaluation in 2027, with a special focus on the required points of the Council Decision (EU) 2022/2572 of 19 December 2022 by which the Commission has been requested to submit a study complementing the impact assessment of the proposal for a Regulation of the European Parliament and of the Council on the sustainable use of plant protection products, and amending Regulation (EU) 2021/2115 of the European Parliament and of the Council (‘SUR proposal’) of this Regulation.
Amendment 644 #
2022/0196(COD)
Proposal for a regulation
Recital 48
Recital 48
Amendment 654 #
2022/0196(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The implementation of this Regulation by Member States will result in new and enhanced obligations for farmers and other pesticides users. Some of them constitute statutory management requirements and standards of good agricultural and environmental conditions of land as listed in Annex III to Regulation (EU) 2021/2115 of the European Parliament and of the Council78 , which, in accordance with that Regulation, farmers must comply with to receive CAP payments, whereas other requirements, which go beyond the baseline of mandatory requirements, may be rewarded with additional payments under voluntary regimes like eco-schemes pursuant to Article 31 of Regulation (EU) 2021/2115. Article 31(5), points (a) and (b), and Article 70(3), points (a) and (b), of Regulation (EU) 2021/2115 provide that the CAP funding is only available for practices implemented under an eco- scheme or agri-environmental-climate commitment which go beyond the relevant statutory management requirements and the standards of good agricultural and environmental conditions of land established under that Regulation and the relevant minimum requirements for the use of fertiliser and plant protection products, animal welfare, as well as other relevant mandatory requirements established by national and Union law. Since farmers and other users need to be financially supported in theirThe transition towards a more sustainable use of pesticides, Regulation (EU) 2021/2115 needs to be amended to allow the financing of requirements imposed in accordance with this Regulation during a transitional period. This exceptionallant protection products, at EU and Member State level must be financed through the Just Transition Fund. This will guarantee an adequate transition in an appropriate time span, allowing for medium- and long-term alternatives to be developed and deployed. No CAP funding should be used in this context. The option for Member States to provide additional funding for measures taken in implementing this Regulation should apply to any obligation for farmers and other users resulting from the application of this Regulation, including compulsory farming practices imposed by the crop-specific rules for integrated pest management. Further, pursuant to Article 73(5) of Regulation (EU) 2021/2115, investments by farmers to comply with new requirements imposed by Union law may be supported for a maximum of 24 months from the date on which they become mandatory for the holding. Similarly, aA longer transition period should be set out for investments complying with requirements imposed on farmers in accordance with this Regugoing beyond the provisions set in the current legislation. and Regulation (EU) 2021/2115 should therefore be amended accordingly. __________________ 78 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.
Amendment 662 #
2022/0196(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) The application of this Regulation should be deferred in order to allow competent authorities and operators to prepare for the requirements introduced by it, and shall enter into force the earliest after 18 months.
Amendment 2142 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 2150 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point a
Article 18 – paragraph 3 – point a
Amendment 2153 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point b
Article 18 – paragraph 3 – point b
Amendment 2162 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 2164 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 2175 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 2183 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 7
Article 18 – paragraph 7
Amendment 2190 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 8
Article 18 – paragraph 8
Amendment 2236 #
2022/0196(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b – introductory part
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 pestathogens increases due to the longer time period required for land-based deployment or because it minimizes soil erosiondamages to the soil structure when adverse weather conditions make the land unsuitable for land vehicles, and all of the following conditions are met:
Amendment 2240 #
2022/0196(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b – point ii
Article 20 – paragraph 2 – point b – point ii
(ii) the aircraft is equipped with accessories that constitute the best available technology to accurately applyies the plant protection products and to reduces spray drift;
Amendment 2251 #
2022/0196(COD)
Proposal for a regulation
Article 20 – paragraph 4 – point c
Article 20 – paragraph 4 – point c
Amendment 2253 #
2022/0196(COD)
Proposal for a regulation
Article 20 – paragraph 4 – point d
Article 20 – paragraph 4 – point d
(d) the name of the plant protection product or products or the active ingredient;
Amendment 2255 #
2022/0196(COD)
Proposal for a regulation
Article 20 – paragraph 4 – point e
Article 20 – paragraph 4 – point e
Amendment 2283 #
2022/0196(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point f
Article 21 – paragraph 2 – point f
Amendment 2286 #
2022/0196(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point g
Article 21 – paragraph 2 – point g
Amendment 2287 #
2022/0196(COD)
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Member States have the possibility to set criteria for the use of unmanned aerial vehicles, for example: (1) to set the level of training required for pilots operating an unmanned aircraft;
Amendment 2288 #
2022/0196(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 2295 #
2022/0196(COD)
Proposal for a regulation
Article 22 – paragraph 1
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 structures 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 solupreparations containing plant protection products and any packaging of plant protection.
Amendment 2300 #
2022/0196(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 2303 #
2022/0196(COD)
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
Manufacturers, distributors and professional users shall ensure that plant protection products are stored in specific storage facilities for plant protection products that are constructed in such a way as to prevent unwanted releases and are marked as storage facilities for plant protection products.
Amendment 2305 #
2022/0196(COD)
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 2
Article 22 – paragraph 4 – subparagraph 2
Manufacturers, distributors and professional users shall ensure that location, size, ventilation and construction materials of the storage facility are suitable to prevent unwanted releases and to protect human health and the environment.
Amendment 2312 #
2022/0196(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Advice on the use of a plant protection product to a professional user may only be given by an advisor for whom a training certificate has been issued for following courses for advisors in accordance with Article 25 or who has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5).
Amendment 2325 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 1
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).
Amendment 2333 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where a purchaser is a legal person, a distributor may sell a plant protection product authorised for professional use to a representative of the purchaser of the plant protection product when that distributor has checked, at the time of purchase, that the representative is the holder of a training certificate for following courses for professional users issued in accordance with Article 25 or has a proof of entry in a centraln electronic register for following such courses in accordance with Article 25(5).
Amendment 2336 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. A distributor shall direct a purchaser of a plant protection product to 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.
Amendment 2346 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 5
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 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 if questioned.
Amendment 2349 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
Amendment 2354 #
2022/0196(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Amendment 2365 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
Amendment 2369 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point c
Article 25 – paragraph 1 – point c
(c) extensive tTraining for advisors on the subjects listed in Annex III with particular emphasis on the application of integrated pest management.
Amendment 2376 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Each Member State shall designate a competent authority or authorities responsible for the implementation of the system for the training and certification of all training referred to in paragraph 1 and for issuing and renewing training certificates, updating the central electronic register, providing proof of entry in the central electronic registerproviding proof and overseeing that the tasks referred to in paragraph 1 are carried out by the body that provided the training.
Amendment 2382 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 4 – introductory part
Article 25 – paragraph 4 – introductory part
4. A training certificate or an entry in a central electronic register shall contain the following information:
Amendment 2385 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 4 – point b
Article 25 – paragraph 4 – point b
Amendment 2395 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 4 – point g
Article 25 – paragraph 4 – point g
(g) the validity period of the training certificate or entry in the central electronica register.
Amendment 2401 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. A competent authority designated in accordance with paragraph 2 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.
Amendment 2404 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 6
Article 25 – paragraph 6
6. A training certificate or an entry in a centraln electronic register shall be valid for 106 years in the case of an independent distributor or professional user and for 5 years in the case of an advisor. Trainings may at last partially also be delivered in a virtual format, where appropriate and feasible.
Amendment 2410 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 7
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 register demonstrates satisfactory completion of an initial and follow up training or extensive training referred to in paragraph 1, point (a) or (c).
Amendment 2414 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 9
Article 25 – paragraph 9
9. A competent authority designated in accordance with paragraph 2 or an appointed body referred to in paragraph 1 shall withdraw a training certificate if it was incorrectly issued or renewed or shall correct an entry in the central electronica register if it was incorrectly introduced.
Amendment 2417 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 10
Article 25 – paragraph 10
Amendment 2425 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. EWithin 6 months after entering into force, each Member State shall designate a competent authority to establish, oversee and monitor the operation of a system of independent advisors for professional users. That system may make use of the impartial farm advisors referred to in Article 15 of Regulation (EU) No 2021/2115, who must be regularly trained and can be funded under Article 78 of the same regulation.
Amendment 2429 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The competent authority referred to in paragraph 1 shall ensure that any advisor registerindependent advisor must be able to demonstrate, if requested inby the system referred to in that paragraph (‘competent authority in accordance with paragraph 1, that the independent advisor’) is free from any conflict of interest and, in particular, is not in a situation which, directly or indirectly, could affect their ability to carry out their professional duties in an impartial manner.
Amendment 2432 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 2438 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Each professional user shall consult an independent advisor at least once aevery 6 years for the purposes of receiving the strategic advice referred to in paragraph 4.
Amendment 2446 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 4 – point c
Article 26 – paragraph 4 – point c
(c) precision farming techniques, including use of seed treatments, space data and services;
Amendment 2451 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 4 – point e
Article 26 – paragraph 4 – point e
(e) where chemical plant protection products are necessary, mMeasures 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.
Amendment 2458 #
2022/0196(COD)
Proposal for a regulation
Article 27 – paragraph 1
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, on the occurrence of harmful organisms and the associated risks for food quality and in relation to the risks associated with the use of plant protection products.
Amendment 2463 #
2022/0196(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The competent authority referred to in paragraph 1 shall establish a website or websites dedicated to providing information on the appearance of harmful organisms and 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.
Amendment 2468 #
2022/0196(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point a
Article 27 – paragraph 3 – point a
(a) the potentialrisk assessments that plant protection products must undergo before authorization and in the event of an extension or re-authorisation, and the scientific arguments for the safe use of plant protection products and the risks to human health and the environment throug, with acute or chronic effects relatingwhich may be due to the use of plant protection products;
Amendment 2475 #
2022/0196(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point a a (new)
Article 27 – paragraph 3 – point a a (new)
(aa) The occurrence and spread of the most important pests and their impact on plants and crops.
Amendment 2489 #
2022/0196(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point e
Article 27 – paragraph 3 – point e
Amendment 2494 #
2022/0196(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point g
Article 27 – paragraph 3 – point g
Amendment 2513 #
2022/0196(COD)
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. By 31 AugustDecember every year, each Member State shall submit to the Commission shall publish a report containing the following information:
Amendment 2518 #
2022/0196(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Commission shall adopt implementing acts to establish the format for the submission of the information and data referred to in paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41(2)is obligated to guarantee that sensitive data is collected with due regard to data protection and only entered into the system with explicit consent from the data subject.
Amendment 2519 #
2022/0196(COD)
Proposal for a regulation
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3a. The Member States may refer to the system for recording acute and chronic poisoning and occupational diseases on a publicly accessible website.
Amendment 2524 #
2022/0196(COD)
Proposal for a regulation
Article 29 – title
Article 29 – title
Amendment 2531 #
2022/0196(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. By … [OP please insert the date = first day of the month following 9 months 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).
Amendment 2533 #
2022/0196(COD)
Proposal for a regulation
Article 29 – paragraph 2
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 360 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). An exception to the recording of application devices in the register within 60 days applies in the context of a family farm takeover and must be made no later than the next due inspection for plant protection devices.
Amendment 2538 #
2022/0196(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
Amendment 2540 #
2022/0196(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
Amendment 2542 #
2022/0196(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. The Commission is empowered to adopt delegatedimplementing acts in accordance with Article 40 amending Annex V in order to take into account technical progress and scientific developments.
Amendment 2545 #
2022/0196(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – point a
Article 30 – paragraph 1 – subparagraph 1 – point a
(a) establish and maintain a central electronic register to record information on all application equipment in professional use in the Member State;
Amendment 2548 #
2022/0196(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – point b
Article 30 – paragraph 1 – subparagraph 1 – point b
(b) use the central electronic register to receive and process third party entries regarding ownership, transfer of ownership, sale, withdrawal from use and return to use of application equipment in professional use, for recording and tracking purposes;
Amendment 2558 #
2022/0196(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
Where the designated competent authority does not carry out the inspection of application equipment in professional use, it shall designate one or more bodies to carry out such inspections, or develop a certification system to which inspection services must comply.
Amendment 2563 #
2022/0196(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Each Member State shall carry out official controls to verify compliance by operators with the provisions of this Regulation relating to application equipment. Member States shall take appropriate follow-up measures to remedy any specific or systemic shortcomings identified through controls performed by the Commission experts in accordance with paragraphs 3 and 4. They shall give the necessary assistance to ensure that the Commission experts have access to all premises or parts of premises, and goods, and to information, including computer systems, relevant for the execution of their duties.
Amendment 2570 #
2022/0196(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 2573 #
2022/0196(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
Amendment 2575 #
2022/0196(COD)
Proposal for a regulation
Article 31 – paragraph 1
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 cycle. The competent authority may develop a certification system enabling a fast implementation of inspections by service organisations compliant with the certification.
Amendment 2583 #
2022/0196(COD)
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
Amendment 2590 #
2022/0196(COD)
Proposal for a regulation
Article 31 – paragraph 7 – point b
Article 31 – paragraph 7 – point b
(b) recorded by that competent authority in the central electronic register of application equipment in professional use referred to in Article 33.
Amendment 2594 #
2022/0196(COD)
Proposal for a regulation
Article 31 – paragraph 10
Article 31 – paragraph 10
Amendment 2603 #
2022/0196(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Before laying down less stringent inspection requirements and different inspection intervals as referred to in paragraph 1, a Member State shall carry out a risk assessment on their potential impacts on human health and the environment. The competent authority referred to in Article 30 shall maintain a copy of the risk assessment for control by the Commission.
Amendment 2605 #
2022/0196(COD)
Proposal for a regulation
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. Hand-held application devices or knapsack sprayers with a volume of up to 100 litres are generally excluded from Chapter VIII (application equipment).
Amendment 2606 #
2022/0196(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
Amendment 2609 #
2022/0196(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
Amendment 2616 #
2022/0196(COD)
Proposal for a regulation
Article 33 – title
Article 33 – title
Amendment 2618 #
2022/0196(COD)
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. Each competent authority designated by a Member State pursuant to Article 30 shall establish and maintain a central electronic register to record:
Amendment 2620 #
2022/0196(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point b
Article 33 – paragraph 1 – point b
(b) records of inspections and certificates as set out in Article 31(6) and (7)(b);
Amendment 2624 #
2022/0196(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point e
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 yearsthe transfer;
Amendment 2625 #
2022/0196(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point f
Article 33 – paragraph 2 – point f
(f) the tank sizeVolume of the tank in litres for containers for application of plant protection products in liquid form;
Amendment 2626 #
2022/0196(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point g
Article 33 – paragraph 2 – point g
(g) the work width of the horizontal spray boom, if applicable;
Amendment 2628 #
2022/0196(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point h
Article 33 – paragraph 2 – point h
(h) the nozzle type(s) present on the application equipment at the time of inspection, as well as any type of drift reduction equipment;
Amendment 2629 #
2022/0196(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point i
Article 33 – paragraph 2 – point i
(i) in the case of boom sprayers, whether section and/or nozzle control through geospatial localisation technology is present or absent on the application equipment;
Amendment 2631 #
2022/0196(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point j
Article 33 – paragraph 2 – point j
(j) for equipment older than three years, the date of eachthe last inspection carried out in accordance with Article 31;
Amendment 2632 #
2022/0196(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point k
Article 33 – paragraph 2 – point k
Amendment 2637 #
2022/0196(COD)
Proposal for a regulation
Article 34 – title
Article 34 – title
Methodology for calculating progress towards achieving the two national and two Union wide 20305 reduction targets
Amendment 2646 #
2022/0196(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The methodology for calculating progress towards achieving the two Union 2030 reduction targetcontributions 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.
Amendment 2652 #
2022/0196(COD)
Proposal for a regulation
Article 34 – paragraph 2
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 targetcontributions annually until and including 2030 and publish those results on the website referred to in Article 7.
Amendment 2658 #
2022/0196(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 2661 #
2022/0196(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
Amendment 2670 #
2022/0196(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. By… [OP please insert the date = first day of the month following 12 months after the date of entry into force of this Regulation], the Commission shall complete an evaluation of harmonised risk indicators 1, 2 and 2a. This evaluation shall be based on scientific research from the Joint Research Centre and extensive consultation of stakeholders, including Member States, scientific experts and civil society organisations. The evaluation shall include the methodologies tomay be used in formulating new and modifying existing harmonised risk indicators in accordance with paragraph 4.
Amendment 2680 #
2022/0196(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Each Member State shall evaluate the results of each calculation of (a) progress towards achieving each of the two nationalUnion wide 20305 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.
Amendment 2694 #
2022/0196(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
Member States shallmay lay down the rules on penalties applicable to infringements of this Regulation and shall take the measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall without delay notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 2700 #
2022/0196(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
Member States may recover the costs related to carrying out their obligations under this Regulation by means of fees or charges. No additional levy or tax on plant protection products shall be imposed.
Amendment 2746 #
2022/0196(COD)
Proposal for a regulation
Annex I – subheading 1
Annex I – subheading 1
METHODOLOGY FOR CALCULATING PROGRESS TOWARDS ACHIEVING THE TWO UNION AND TWO NATIONAL 20305 REDUCTION TARGETS
Amendment 2756 #
2022/0196(COD)
Proposal for a regulation
Annex I – paragraph 1 – introductory part
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:
Amendment 192 #
2022/0195(COD)
Draft legislative resolution
Citation 2
Citation 2
— having regard to Article 294(2), Article 191 and Article 192(12b) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9- 0208/2022), (Justification - legal basis:1. This REGULATION proposal is in accordance with Article 192(2b) of TFEU, because measures of the proposal are affecting: town and country planning, quantitative management of water, resources, or affecting, directly or indirectly, the availability of those resource, agriculture land use and forestry matters. The form of DIRECTIVE (instead of Regulation) would better reflect existing the MSs’ national legislation and avoid unnecessary administrative burden. As DIRECTIVE proposal is in accordance with Article 192(1) of the Treaty on the Functioning of the European Union (TFEU). The proposal is not compatible with the principle of subsidiarity and proportionality because it exceeds what is necessary to achieve the objectives of the proposal (for example: national forestry, and water plans, management, etc). 2. The proposal is NOT compatible with the principle of subsidiarity and proportionality because it exceeds what is necessary to achieve the objectives of the proposal (f.e. national forestry and water plans, management, sources).)Or. en
Amendment 195 #
2022/0195(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(11 and Article 192(2b) thereof,
Amendment 319 #
2022/0195(COD)
(33) It is important to ensure a gradual increase of the areas covered by habitat types that fall within the scope of Directive 92/43/EEC that are in good condition across the territory of Member States and of the Union as a whole, until the favourable reference areaconservation status for each habitat type is reached and, on at least 930 % at Member State level of that area is in good condition, so as to allow those habitat types in the Union to achieve favourable conservation statusby 2030, on at least 60 % by 2040, and for all Natura 2000 framework ecosystems by 2050.
Amendment 521 #
2022/0195(COD)
Proposal for a regulation
Recital 75
Recital 75
(75) In order to ensure the necessary adaptation of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending Annexes I to VII to adapt the group of habitats, to update the information on the common farmland bird index, as well as to adapt the list of biodiversity indicators for agricultural ecosystems, the list of biodiversity indicators for forest ecosystems and the list of marine species tois to be done through a proper consultation of the relevant national experts, and in accordance with the latest scientific evidence and the examples of restoration measures. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making52. 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.
Amendment 543 #
2022/0195(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the continuous, long-term and sustained recovery of biodiverse and resilient nature across the Union’s land and sea areas through the restoration of degraded ecosystems;
Amendment 550 #
2022/0195(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) achieving the Union’s overarching objectives concerning climate change mitigation and climate change adaptationsustainable development, as well as food and energy security;
Amendment 579 #
2022/0195(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation establishes a framework within which Member States shall put in place, without delay,long-term effective and area-based restoration measures which together shall cover, by 2030, at least 20 % of the Union’s land and sea areas and, by 2050, all ecosystems in need of restoration.
Amendment 593 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘ecosystem’ means a dynamic complex of plant, animal, and microorganism communities and their non-living environment, interacting as a functional unit, and includes habitat types, habitats of species and species populationsfunctional system of living and non-living components of the environment that are interconnected by the exchange of substances, the flow of energy and the transfer of information and that dynamically interact and evolve over space and time;
Amendment 594 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1a) 'degraded ecosystem' means an ecosystem that is significantly negatively affected by anthropogenic or non- anthtropogenic changes such as climate change, land use, nitrogen deposition, pollution and invasive alien species and others;
Amendment 600 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘restoration’ means the process of actively or passively assisting the recovery of an ecosystem towards or to good condition, of a habitat type to the highest level of condition attainable and to its favourable reference area, of a habitat of a species to a sufficient qualitactions based on the science and the best available techniques taken to protect and sustainably mand quantity, or of species populations to satisfactory levelage natural or degraded ecosystems, as a means of conserving or enhancing biodiversity and ecosystem resilience;
Amendment 620 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘good condition’ means a state where the key characteristicswhen: - population dynamics data on the species concerned indicate that it is maintaining itself ofn an ecosystem, namely its physical, chemical, compositional, structural and functional s long-term basis as a viable component of its natural habitates, and its landscape and seascape characteristics, reflect the high level of ecological integrity, stability and resilience necessary to ensure its- the natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future, and - there is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long- term maintenancebasis;
Amendment 639 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘favourable reference area’ means the total area of a habitat type in a given biogeographical region or marine region at national level that is considered the minimum necessary to ensure the long- term viability of the habitat type and its species, and all its significant ecological variations in its natural range, and which is composed of the area of the habitat type and, if that area is not sufficient, the area necessary for the re-establishment of the habitat type;
Amendment 646 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘sufficient quality of habitat’ means the quality of a habitat of a species which allows the ecological requirements of a species to be met at any stage of its biological cycle so that it is maintaining itself on a long-long-term favourable status and a full functionality of ecosysterm basis as a viable component of its habitat in its natural range;services.
Amendment 652 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘sufficient quantity of habitat’ means the quantity of a habitat of a species which allows the ecological requirements of a species to be met at any stage of its biological cycle so that it is maintaining itself on a long-contributes to a long-term favourable status and a full functionality of ecosysterm basis as a viable component of its habitat in its natural range;services.
Amendment 658 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘pollinator’ means a wildn animal whichthat transportsfer pollen from the anther of a plant to the stigma of a plant, enablingmale to the female parts of flowers, thus allowing plants to fertilisatione and the reproduction of seedse;
Amendment 719 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall put in place the restoration measures that are necessary to improve to good conditionfavourable status areas of habitat types listed in Annex I which are not in good conditionfavourable status. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I that is not in good conditionfavourable status, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 60 % by 2040, and on at least 90 % by 2050 inside the Natura 2000 network.
Amendment 726 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 754 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall put in place the restoration measures for the terrestrial, coastal and freshwater habitats of the species listed in Annexes II, IV and V to Directive 92/43/EEC and of the terrestrial, coastal and freshwater habitats of wild birds covered by Directive 2009/147/EC that are necessary to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved at favourable status.
Amendment 771 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledgetechniques, taking into account the all functions of ecosystems and the latest scientific evidence of the condition of the habitat types listed in Annex I, measured by the structure and functions which are necessary for their long-term maintenance including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3 of this Article. Areas where the habitat types listed in Annex I are in unknown condition shall be considered as not being in good condition and cost effectiveness.
Amendment 774 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 790 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 3 show a continuous improvement in the condition of the habitat types listed in Annex I until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3, until the sufficient quality of those habitats is reached. Member States shall ensure that areas in which good condition has been reached, and in which the sufficient quality of the habitats of the speciefavourable status is reached. Member States shall ensure that areas subject to restoration measures according to paragraphs 1 in which favourable status has been reached, do not deteriorate excluding force majeure.
Amendment 811 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that areas where the habitat types listed in Annex I occur inside Natura 2000 do not deteriorate.
Amendment 893 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 9 – point a
Article 4 – paragraph 9 – point a
(a) force majeure; including natural disasters;
Amendment 924 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 9 – subparagraph 2 (new)
Article 4 – paragraph 9 – subparagraph 2 (new)
Member States shall ensure that there is: (a) an increase of habitat area in favourable status for habitat types listed in Annex I until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached; (b) an increasing trend towards the sufficient quality and quantity of the terrestrial, coastal and freshwater habitats of the species referred to in Annexes II, IV and V to Directive 92/43/EEC and of the species covered by Directive 2009/147/EC.
Amendment 948 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall put in place the restoration measures that are necessary to improve to good conditionFollowing the development of a revised Union-wide methodology for the assessment of habitat types and species protected under Directive 92/43/EEC and Directive 2009/147/EC, Member States shall put in place appropriate and reasonable restoration measures inside the Natura 2000 network to improve favourable status areas of habitat types listed in Annex II which are not in good condition. Such measures shall be in place on at least 30 % of the total area of each group ofthe habitat types listed in Annex II that isare not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 60 % by 2040, and on at least 90 % by 2050. .
Amendment 971 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. After the data on habitat types referred to in Article 19(8) has been made available, Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex II in areas not covered by those habitat types, provided that re- establishment is possible under present climatic conditions, also provided that adequate and sufficient areas for re- establishment are available. Such measures shall be in place on areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat typesof habitat types listed in Annex II, as quantified in the national restoration plan referred to in Article 12, by 20305, at least 60 % of that surface by 20405, and 1090 % of that surface by 20505.
Amendment 990 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall put in place the restoration measures inside Natura 2000 network for the marine habitats of species listed in Annex III and where deemed required for species in Annexes II, IV and V to Directive 92/43/EEC and for the marine habitats of wild birds covered under Directive 2009/147/EC, that are necessary in order to improve the quality and quantity of those habitats, including by re- establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achievedto reach favourable status.
Amendment 999 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledgetechniques, taking into account all functions of ecosystems, and the latest scientific evidence of the condition of the habitat types listed in Annex II, measured by the structure and functions which are necessary for their long-term maintenance, including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3. Areas where the habitat types listed in Annex II are in unknown condition shall be considered as not being in good condition of this Article. Cost- effectiveness must also be taken into account when prioritising and allocating restoration measures.
Amendment 1009 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The restoration measures referred to in paragraphs 1 and 2 shall consider the need for improved connectivity between the habitat types listed in Annex II and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types.
Amendment 1016 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 32 show a continuous improvement in the condition of the habitat types listed in Annex II until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3 until the sufficient quality of those habitats is reached. Member States shall ensure that a. Member States shall ensure that areas inside Natura 2000 areas subject to restoration measureas in which good condition has been reachedaccordance with paragraphs 1 and 2 in which the sufficient quality of the habitats of the speciesgood condition has been reached, do not deteriorate.
Amendment 1032 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Member States shall ensure that areas where the habitat types listed in Annex II occur inside Nature 2000 do not deteriorate.
Amendment 1065 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 8 – point b
Article 5 – paragraph 8 – point b
(b) unavoidable habitat transformations which are or other relevant circumstances which are directly and indirectly caused by climate change; or
Amendment 1072 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 8 – point c
Article 5 – paragraph 8 – point c
(c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis, to be defined in the national restoration plan.
Amendment 1080 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 8 – point c a (new)
Article 5 – paragraph 8 – point c a (new)
(ca) A project in the interest of public health and public safety, including food and energy supply, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment.
Amendment 1084 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 8 – point c b (new)
Article 5 – paragraph 8 – point c b (new)
(cb) Measures to maintain food security and production of food and renewable resources;
Amendment 1106 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 9 – point a
Article 5 – paragraph 9 – point a
(a) force majeure, including natural disasters;
Amendment 1118 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 9 – point b
Article 5 – paragraph 9 – point b
(b) unavoidable habitat transformations which are directly caused by climate change:or other relevant circumstances ; or
Amendment 1119 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 9 – point b a (new)
Article 5 – paragraph 9 – point b a (new)
(ba) measures to maintain food security and production of food and renewable resources;
Amendment 1138 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 10 – point a
Article 5 – paragraph 10 – point a
(a) an increase of habitat area in good condition for habitat types listed in Annex II until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached, providing that habitats types requirements for good conditions as well as favourable reference areas are not negatively competing;
Amendment 1148 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 10 – point b
Article 5 – paragraph 10 – point b
(b) a positive trend towards the sufficient quality and quantity of the marine habitats of the species listed in Annex III and in Annexes II, IV and V to Directive 92/43/EEC and of the species covered by Directive 2009/147/EC., providing that habitats types or species requirements for good conditions as well as favourable reference areas are not negatively competing;
Amendment 1151 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 10 – point b a (new)
Article 5 – paragraph 10 – point b a (new)
(ba) Member states shall, in accordance with the national restoration plan referred to in Article 12, restore areas that, due to the loss of their natural conditions, have lost their production capacity, ability to produce important ecosystem services.
Amendment 1156 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 10 – point b b (new)
Article 5 – paragraph 10 – point b b (new)
(bb) Member states shall, in accordance with the national restoration plan referred to in Article 12, restore areas that, due to the loss of their natural conditions, risk significantly worsening the effects of natural disasters such as floods, storms, fires and natural pests.
Amendment 1200 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
Amendment 1205 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) a net gain of urban green space that is integrated into existing and new buildings and infrastructure developments, including through renovations and, renewals, restoration, and de-sealing, in all cities and in towns and suburbs.
Amendment 1233 #
2022/0195(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall make an inventory of barriers to longitudinal and lateral connectivity of surface waters and, taking into account their socio-economic functions, identify the barriers that need to be removed to contribute to the achievement of the restoration targets set out in Article 4 of this Regulation and of the objective of restoring at least 25 000 km of rivers into free-flowing rivers in the Union by 20305, without prejudice to Directive 2000/60/EC, in particular Aarticles 4(3), 4(5) and 4(7) thereof, and Regulation 1315/2013, in particular Article 15 thereof.
Amendment 1254 #
2022/0195(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall remove the barriers to longitudinal and lateral connectivity of surface waters identified based on the inventory under paragraph 1 of this Article, in accordance with the plan for their removal referred to in Article 12(2), point (f). When removing barriers, Member States shall primarily address obsolete barriers, which are those that are no longer needed for renewable energy generation, inland navigation, water supply, flood protection, or other uses.
Amendment 1268 #
2022/0195(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall complemenmay support the removal of the barriers referred to in paragraph 2 by the measures necessaryadequate to improveing the natural functions of the related floodplains.
Amendment 1284 #
2022/0195(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall reverse the decline ofcontribute to pollinator populationsabundance by 2030, and achieve thereafter an increasimprove pollinator diversity by 2035, in order to maintaing trend of pollinator populations, measured ehe functionality of the pollination ecosystem service overy three years after 2030,ime. The improvement shall be continuous until satisfactory levels are reachieved, as set out in accordance with Article 11 (3). This shall be done while taking into account impacts on agricultural production and factors such as climate change.
Amendment 1301 #
2022/0195(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The method referred to in the paragraph 2 shall provide a standardised approach for collecting annual data on the abundance, food supply and diversity of pollinator species and for assessing pollinator population trends.
Amendment 1308 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall put in place the restoration measures necessaryappropriate and reasonable to enhance biodiversity in agricultural ecosystems, in addition to the areas that are subject to restoration measures under Article 4(1), (2) and (3), taking into account social and economic aspects, Common Agricultural Policy (CAP), including SMEs, and ensure the food security in the EU.
Amendment 1328 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall achieveim for an increasing trend at national level of each of the following indicators in agricultural ecosystems, as further specified in Annex IV, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every threfive years thereafter, until the satisfactory levels, identified in accordance with Article 11(3), are reached:
Amendment 1331 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 1342 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 1355 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) sShare of agricultural land with high- diversity landscape features according to the CAP Strategic plan.
Amendment 1384 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) 105 by 20305, 110 by 20405 and 115 by 20505, for Member States listed in Annex IV with historically less depleted populations of farmland birds.
Amendment 1396 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Amendment 1409 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
Amendment 1423 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
Amendment 1439 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c
Article 9 – paragraph 4 – subparagraph 1 – point c
Amendment 1454 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Member States may put in place restoration measures, including rewetting, in areas of peat extraction sites and count those areas as contributing to achieving the respective targets referred to in the first subparagraph, points (a), (b) and (c)Article 4.
Amendment 1458 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3
Article 9 – paragraph 4 – subparagraph 3
In addition, Member States may put in place restoration measures to rewet organic soils that constitute drained peatlands under land uses other than agricultural use and peat extraction and count those rewetted areas as contributing, up to a maximum of 20%, to the achievement of the targets referred to in the first subparagraph, points (a), (b) and (c)Article 4.
Amendment 1465 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3 a (new)
Article 9 – paragraph 4 – subparagraph 3 a (new)
Member States shall take measures to prevent cover-up and shrub encroachment, forestation and depletion of extensively managed agricultural land, in particular extensive grassland in border yields and in mountain areas.
Amendment 1466 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3 b (new)
Article 9 – paragraph 4 – subparagraph 3 b (new)
The non-fulfilment of the obligation set out in paragraph xx is justified if caused by: force majeure, including natural disasters; unavoidable habitat transformations, etc.
Amendment 1477 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall put in place the restoration measures necessary to enhance biodiversity of forest ecosystems, taking into account social and economic and requirements, the restoration measures in degraded forest ecosystems to enhance productivity, long-term resilience and biodiversity, in addition to the areas that are subject to restoration measures pursuant to Article 4(1), (2) and (3).
Amendment 1500 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
Amendment 1512 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) lying and standing deadwood;
Amendment 1519 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) share of forests with uneven-aged structurenumber of veteran trees at regional level;
Amendment 1526 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) forest connectivitygrowing stock;
Amendment 1537 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
Amendment 1565 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Long term projected resilience
Amendment 1567 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 b (new)
Article 10 – paragraph 2 b (new)
2b. The non-fulfilment of the obligation set out in paragraph 2 is justified if caused by: force majeure, including natural disasters; unavoidable habitat transformations, etc.
Amendment 1585 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall prepare national restoration plans and carry out the preparatory monitoring and research needed to identify the restoration measures that are necessary to meet the targets and obligations set out in Articles 4 to 10, taking into account the latest scientific evidence, practices and local conditions, cost-effective allocation and prioritisation of restoration measures, while involving relevant stakeholders, such as owners and managers at every stage of the process.
Amendment 1600 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. Member states shall quantify the area that needs to be restored to reach the restoration targets set out in Articles 4 and 5 taking into account the condition of the habitat types referred to in Articles 4(1), 4(2), 5(1) and 5(2) and, as required for the quality and quantity of the habitats of the species referred to in Article 4(3) and Article 5(3) that are present on their territory. The quantification shall be based, amongst others, on the following information:
Amendment 1604 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a – point i
Article 11 – paragraph 2 – point a – point i
(i) (i) the total habitat area and a map of its current distribution, including outside of the Member State territory;
Amendment 1612 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iii
Article 11 – paragraph 2 – point a – point iii
(iii) the favourable reference area taking into account the documented losses over at least the last 70 yearsf habitats surface since the Habitats Directive came into force and the projected changes to environmental conditions due to climate change;
Amendment 1625 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iv
Article 11 – paragraph 2 – point a – point iv
(iv) the areas most suitable for the re- establishment of habitat types in view of ongoing and projected changes to environmental conditions due to climate change, cost- effectiveness of resource use and existing land uses;
Amendment 1633 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) the sufficient quality and quantity of the habitats of the species required for achieving their favourable conservation status, taking into account the areas most suitable for re-establishment of those habitats, and the connectivity needed between habitats in order for the species populations to thrive, as well as ongoing and projected changes to environmental conditions due to climate changes well the real available areas taking into account competing needs of habitats and species as well as existing land uses.
Amendment 1644 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall set, by 2030 at the latest, satisfactory levels for each of the indicators referred to in Articles 8(1), 9(2) and 10(2), through an open and effective process and assessment, based on the latest scientific evidence and, if available, the framework referred to in Article 17(9), local conditions, economic viability of agriculture and forestry, and subject to food security concerns. During the process, all relevant stakeholders such as landowners and land managers, shall be consulted.
Amendment 1664 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall identify and map the agricultural and forestvelop a methodology to identify and map areas in need of restoration, in particular those areas thatwhich, due to intensification or other management factors, are in need of enhanced connectivity and landscape diversityfrastructure measures and settlement activity are in need of enhanced connectivity and landscape diversity. The type of restoration measures recommended in these areas, and how restrictions of use and property disadvantages are compensated, shall be determined in agreement with the landowner of the area concerned. The mapping and identification exercises should include an informed process for any landowners and land managers whose land is being identified.
Amendment 1678 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 5 – introductory part
Article 11 – paragraph 5 – introductory part
5. Member States shall identify synergies with climate cfoster policy coherence for sustainable development and enhangce mitigation, climate change adaptation andpositive synergies and tackle trade offs with other policy areas, including disaster prevention, and prioritise restoration measures accordingly. Member States shall also take into account:
Amendment 1681 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point a
Article 11 – paragraph 5 – point a
(a) their integrated national energy and climate plannational forest programmes, or equivalent, food strategies referred to in Article 3 of Regulation (EU) 2018/1999;
Amendment 1686 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
Amendment 1728 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. national plans and/or strategies;
Amendment 1729 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 7 b (new)
Article 11 – paragraph 7 b (new)
7b. prior and informed consent principles as laid out in the Charter of Fundamental Rights.
Amendment 1740 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 9
Article 11 – paragraph 9
9. Member States shall, when preparing the national restoration plans, aim at optimisbalancing the ecological, economic and social functions of ecosystems while fully respecting ownership rights, as well as their contribution to the sustainable development of the relevant regions and local communities.
Amendment 1760 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 11
Article 11 – paragraph 11
11. Member States shall ensure that the preparation of the restoration plan is open, inclusive and effectivensure cooperation and active engagement of private land owners, in compliance with the principle of prior and informed consent and that the public is given early and effective opportunities to participate in its elaboration. Consultations shall comply with the requirements set out in Articles 4 to 10 of Directive 2001/42/EC.
Amendment 1768 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 11 a (new)
Article 11 – paragraph 11 a (new)
Amendment 1788 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a a (new)
Article 12 – paragraph 2 – point a a (new)
(aa) Member States shall identify the areas whose natural conditions have been lost and thereby lost their production capacity, ability to produce important ecosystem services or ability to capture and store carbon dioxide. The need for restoration under Article 4 (X) shall be quantified.
Amendment 1789 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a b (new)
Article 12 – paragraph 2 – point a b (new)
Amendment 1831 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point j
Article 12 – paragraph 2 – point j
(j) the estimated co-benefits for climate change mitigationsustainable development associated with the restoration measures over time, as well as wider socio-economic benefits of those measures;
Amendment 1837 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point l
Article 12 – paragraph 2 – point l
(l) the estimated financing needs for the implementation of the restoration measures, which shall include thea description of the support to stakeholders, such as landowners and land managers affected by restoration measures or other new obligations arising from this Regulation, compensation for possible property disadvantages and yield losses of the landowners concerned, and the means of intended financing, public or private funding, including (co-) financing with Union funding instruments, including through a dedicated EU Fund for Restoration;
Amendment 1861 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point n
Article 12 – paragraph 2 – point n
(n) a summary of the process for preparing and establishing the national restoration plan, including information on public participation and of how the needs of those with a legitimate interest, local communities and stakeholders have been taken considered and how property rights have been respected;
Amendment 1865 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point o
Article 12 – paragraph 2 – point o
Amendment 1870 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point o a (new)
Article 12 – paragraph 2 – point o a (new)
(oa) An explanation of how to ensure that the implementation of the restoration plans does not lead to a decrease of agricultural and forestry production within the Union or a shift to third countries and to ensure self-sufficiency with regional, high-quality food and biogenic raw materials;
Amendment 1875 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Member States shall identify the areas whose natural conditions have been lost and thereby lost their production capacity, ability to produce important ecosystem services or ability to capture and store carbon dioxide. The need for restoration under Article 4 (X) shall be quantified. A supplementary impact assessment on the expected agricultural, horticulture, and food and forestry production sectors from the proposed measures concerning Article 4 to 10.
Amendment 1904 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When assessing the draft national restoration plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 10% of the Union’s agricultural area with high-diversity landscape features.
Amendment 1949 #
2022/0195(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall review their national restoration plan at least once every 10 years, in accordance with Articles 11 and 12, taking into account progress made in the implementation of the plans, the best available scientific evidence as well as available knowledge of changes or expected changes in environmental conditions due to climate changetechniques and local conditions.
Amendment 1979 #
2022/0195(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that members of the public, in accordance with national law, that have a sufficientlegitimate interest or, that maintain the impairment of a right, have access to a review procedure before a court of law, or an independent and impartial body established by law, to challenge the substantive or procedural legality of the national restoration plans and any failures to act of the competent authorities, regardless of the role members of the public have played during the process for preparing and establishing the national restoration plan.
Amendment 1985 #
2022/0195(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 2044 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The monitoring in accordance with paragraph 1, points (a), (b) and (c), of this Article, concerning the stock of organic carbon in cropland mineral soils and the share of agricultural land with high- diversity landscape features, and (e) concerning the standing deadwood, theand lying deadwood, the share of forests with uneven-aged structure, the forest connectivitygrowing stock/ annual increment and the stock of organic carbon, shall be carried out at least every threfive years, and, where possible, every year. The monitoring in accordance with that paragraph, point (c) concerning the grassland butterfly index, that paragraph, points (d) and (e) concerning the common forest bird index, and that paragraph, point (f) concerning pollinator species shall be carried out every year. The monitoring in accordance with that paragraph, points (g) and (h), shall be carried out at least every six years and shall be coordinated with the reporting cycle under Article 17 of Directive 92/43/EEC.
Amendment 2061 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 9 – subparagraph 1 – introductory part
Article 17 – paragraph 9 – subparagraph 1 – introductory part
Amendment 2067 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 9 – subparagraph 1 – point c
Article 17 – paragraph 9 – subparagraph 1 – point c
Amendment 2076 #
2022/0195(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall electronically report to the Commission the area subject to restoration measures referred to in Articles 4 to 10 and the barriers referred to in Article 7 that have been removed, on an annual basisbasis of three years according to reporting systems of Habitats and Birds Directive starting from [OP please insert the date = the date of entry into force of this Regulation].
Amendment 2102 #
2022/0195(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The Commission shall, as from 2029, report to the European Parliament and to the Council every threfive years on the implementation of this Regulation.
Amendment 2118 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex I in order to adapt the groups of habitat typesIf new scientific knowledge suggest the need for amending the annexes of this regulation the commission can adopt implementing acts to do this in accordance with the examination procedure referred to in Article 21(2).
Amendment 2123 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 2128 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 2136 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 2146 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 156 #
2022/0104(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Rearing of pigs, and poultry and cattle cause significant 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 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.
Amendment 241 #
2022/0104(COD)
Proposal for a directive
Recital 29
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 pigs, 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. 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.
Amendment 305 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2010/75/EU
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘BAT conclusions’ means a document containing the parts of a BAT reference document laying down the conclusions on best available techniques, their description, information to assess their applicability, the emission levels associated with the best available techniques, the environmental performance levels associated with the best available techniques, the minimum content of an environmental management system including benchmarks associated with the best available techniques, emission levels associated with emerging techniques, environmental performance levels associated with emerging techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;;
Amendment 318 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Directive 2010/75/EU
Article 3 – paragraph 1 – point 13 a
Article 3 – paragraph 1 – point 13 a
(13a) ‘environmental performance levels associated with the best available techniques’ means the range of environmental performance levels, except emission levels, obtained under normal operating conditions using a BAT or a combination of BATs, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;.
Amendment 348 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 c a (new)
Article 3 – paragraph 1 – point 23 c a (new)
(ea) In Article 3, paragraph 1, point 23c a (new) is inserted: (23ca) ‘Industrial-scale livestock rearing’ means rearing of poultry and pigs, which does not fall under the definitions laid down in points (23cc(new)) to (23d);
Amendment 357 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 48
Article 3 – paragraph 1 – point 48
(48) ‘industrial minerals’ means minerals used in industry for the production of semi-finished or finished products, with the exception of metalliferous ores, energy minerals, and minerals used for the production of construction minaterials and precious stones;
Amendment 361 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 50
Article 3 – paragraph 1 – point 50
(50) ‘emission levels associated with emerging techniques’ means the expected range of emission levels obtained under normal operating conditions using an emerging technique or a combination of emerging techniques, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;
Amendment 370 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
(51) ‘environmental performance levels associated with emerging techniques’ means the expected range of environmental performance levels, except emission levels, obtained under normal operating conditions using an emerging technique or a combination of emerging techniques, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;
Amendment 384 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 – introductory part
Article 3 – paragraph 1 – point 53 – introductory part
(53) ‘‘benchmarks’ means the indicative range of environmental performance levels, which are under the control of the operator, associated with best available techniques, other than emission levels, and may include:
Amendment 502 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2010/75/EU
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 506 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2010/75/EU
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
(7) In Article 9, paragraph 2 a (new) is added: 2a. For activities listed in Annex I to Directive 2003/87/EC, Member States may choose not to impose requirements relating to energy efficiency in respect of combustion units or other units emitting carbon dioxide on the site in case installations are covered by the obligation to conduct an energy audit or implement an energy management system pursuant to Article 8 of Directive 2012/27/EU or the operator implements equivalent measures.
Amendment 523 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f b
Article 11 – paragraph 1 – point f b
Amendment 539 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f c
Article 11 – paragraph 1 – point f c
Amendment 570 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2010/75/EU
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In order to draw up, review and, where necessary, update BAT reference documents, the Commission shall organise an exchange of information between Member States, the industries concerned, non-governmental organisations promoting environmental protection, the European Chemicals Agency and the Commission. The European Chemicals Agency will act as an observer of the process only providing scientific technical input for updating documents and will not have a role in the decision making process.
Amendment 608 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2 – subparagraph 2
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..
Amendment 703 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a
Article 14a
Amendment 792 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 – subparagraph 1 – introductory part
Article 15 – paragraph 3 – subparagraph 1 – introductory part
Amendment 830 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 a
Article 15 – paragraph 3 a
Amendment 847 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 1 – introductory part
Article 15 – paragraph 4 – subparagraph 1 – introductory part
By way of derogation from paragraph 3, and without prejudice to Article 18, the competent authority may, in specific cases, set less strict emission limit and environmental performance values. Such a derogation may apply only where an assessment shows that the achievement of emission levels and environmental performance associated with the best available techniques as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits due to:
Amendment 859 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 1 – point b
Article 15 – paragraph 4 – subparagraph 1 – point b
(b) the technical characteristics of the installation concerned.; or
Amendment 862 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 1 – point b a (new)
Article 15 – paragraph 4 – subparagraph 1 – point b a (new)
(ba) investment cycle related to the sustainability transition of the operator’s group.
Amendment 882 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 4
Article 15 – paragraph 4 – subparagraph 4
Derogations referred to in this paragraph shall respect the principles set out in Annex II. The competent authority shall in any case ensure that no significant pollution is caused and that a high level of protection of the environment as a whole is achieved. Derogations shall not be granted where they may put at riskwould result in risk of non- compliance with environmental quality standards referred to in Article 18.
Amendment 894 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 6
Article 15 – paragraph 4 – subparagraph 6
The Commission shall adopt an implementing act, to establish a standardised methodology for assessing the disproportionality between the costs of implementation of the BAT conclusions and the potential environmental benefits referred to in the first subparagraph and considering the investment cycle related to the sustainability transition of the operator’s group. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).
Amendment 905 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/75/EU
Article 15a – paragraph 1
Article 15a – paragraph 1
1. For the purpose of assessing compliance with emission limit values in accordance with Article 14(1), point (h), the correction made to measurements to determine the validated average emission values shall not exceed the measurement uncertainty of the measuring method. Uncertainty in emission measurements includes all sources of uncertainty based on the type of instrument (QAL1), calibration effects (QAL2) and operational effects (QAL3).
Amendment 909 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/75/EU
Article 15a – paragraph 2 – subparagraph 1
Article 15a – paragraph 2 – subparagraph 1
The Commission shall by [OP please insert date = the first day of the month following 24 months after the date of entry into force of this Directive] adopt an implementing act establishing th guiding document identifying suitable measuring methods for assessing compliance with emission limit values set out in the permit with regard to emissions to air and water. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).
Amendment 914 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/75/EU
Article 15a – paragraph 2 – subparagraph 2
Article 15a – paragraph 2 – subparagraph 2
The method referred to in the first subparagraph shall address, as a minimum, the determination of validated average emission values and shall set out how measurement uncertainty and the frequency of exceedance of emission limit values are tomay be taken into account in the compliance assessment.
Amendment 921 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2010/75/EU
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Where a derogation referred to in Article 15(4) has been granted, Member States shall, where justified, ensure that the operator monitors the concentration of the pollutants concerned by the derogation which are present in the receiving environment. The results of the monitoring shall be transmitted to the competent authority. Where relevant, monitoring and measuring methods for each concerned pollutant set out in other relevant Union legislation shall be used for the purpose of the monitoring referred to in this paragraph.
Amendment 940 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/75/EU
Article 18 – paragraph 1
Article 18 – paragraph 1
Where an environmental quality standard requires stricter conditions than those achievable by the use of the best available techniques, additional measures shallmay be included in the permit with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area without prejudice to other measures which may be taken to comply with environmental quality standards.
Amendment 949 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/75/EU
Article 18 – paragraph 2
Article 18 – paragraph 2
Where stricter conditions have been included in the permit in accordance with the first paragraph, regular monitoring of the concentration of relevant pollutants in the receiving environment resulting from operations of the installations concerned shallmay be required from the operator, and the results of such monitoring shall be transmitted to the competent authority. Where monitoring and measurement methods for the concerned pollutants are set out in other relevant Union legislation, such methods shall be used for the purpose of the monitoring referred to in this paragraph..
Amendment 968 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2010/75/EU
Article 21 – paragraph 5 – point c
Article 21 – paragraph 5 – point c
(c) where it is necessary to comply with an environmental quality standard referred to in Article 18 and the specific contribution of the installation is proven, including in the case of a new or revised quality standard or where the status of the receiving environment requires a revision of the permit in order to achieve compliance with plans and programmes set under Union legislation.
Amendment 1034 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/75/EU
Article 27 – paragraph 1
Article 27 – paragraph 1
Member States shall, where appropriate, encourage the development and application of emerging techniques, in particular where such techniques have been identified inby the BAT conclusions, the BAT reference documents or the findings of the innovation centre for industrial transformation and emissions referred to in Article 27ainnovation centre for industrial transformation and emissions (‘INCITE’) referred to in Article 27a and included in the BAT reference documents. Member States may, where appropriate, encourage the application of emerging techniques where such techniques have been identified in the BAT conclusions.
Amendment 1052 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 b – paragraph 1
Article 27 b – paragraph 1
Without prejudice to Article 18, the competent authority may grant temporary derogations from the requirements set out in Article 15(2) and (3) and from the principles set out in Article 11, points (a) and (b), for the testing of emerging techniquesinnovative techniques, including emerging techniques identified by the innovation centre for industrial transformation and emissions (‘INCITE’) referred to in Article 27a for a total period of time not exceeding 2436 months, subjected to extension depending on the Technology Readiness Levels of the specific technique.
Amendment 1063 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c – paragraph 1
Article 27 c – paragraph 1
By way of derogation from Article 15(3) and Article 21(3)(b), the competent authority may, if the operator chooses this option, set emission limit values that ensure that, within 6 years of publication of athe date where the permit has been amended, emissions shall not, under normal operating conditions, exceed emission levels associated with emerging techniques as laid down in the decisions on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, emissions shall not, under normal operating conditions, exceed emission levels associated with emerg. Where the time period referred to in the first paragraph has elapsed and where the operator cannot comply with the emission limit values set by way of derogation from Article 15(3), the competent authority shall ensure that within a maximum period of 4 years following the expiry of the time period referred to in the first paragraph: (a) the permit conditions for the installation concerned are reconsidered and, if necessary, updated to ensure compliance with this Directive, in particular, with Article 15(3) and (4), where applicable; (b) the installation complies with those amended permit conditions. For the time period in between the expiry of the time period referred to ing techniques as laid down in the decisions on BAT conclusions. he first paragraph and the reconsideration and updating of the permit conditions, the competent authority shall apply the derogation principles referred to in Article 15(4).
Amendment 1074 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – number
Article 27 d – number
Amendment 1076 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – title
Article 27 d – title
Amendment 1087 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 1
Article 27 d – paragraph 1
Amendment 1126 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 2
Article 27 d – paragraph 2
Amendment 1156 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 3
Article 27 d – paragraph 3
Amendment 1172 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 4
Article 27 d – paragraph 4
Amendment 1257 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Amendment 1413 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 2
Article 70i – paragraph 1 – subparagraph 2
The operating rules shall take into account inter alia the nature, type, size and density of these installations and the specificities of pasture based cattle rearing, their animal welfare policies, and other aspects of syustems, where animals are only seasonally reared in indoor installationsainable animal rearing.
Amendment 1452 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2
Article 74 – paragraph 2
Amendment 1494 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
1. Without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law, Member States shall lay down rules on penalties applicable to violations of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are applied. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall without delay notify the Commission of those rules and of those provisions, and shall notify without delay any subsequent amendment affecting them. Member States shall ensure that any criminal and administrative sanctions respect the provisions of the Charter of Fundamental Rights of the European Union, including but not limited to the ne bis in idem principle and the proportionality principle. Member States shall ensure that any criminal sanctions are imposed only if culpability of the person responsible for the violation has been established.
Amendment 1500 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 2
Article 79 – paragraph 2
2. The penalties referred to in paragraph 1 shall include fines proportionate to the naturnover of the legal person or to the income of the natural person having committed the infringemente and severity of the violation concerned, and not exceed the level necessary for fines to be effective and dissuasive. The level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the violation of the economic benefits derived from that violation. The level of the fines shall be gradually increased for repeated infringements. In the case of a violation committed by a legal person, the maximum amount of such fines shall be at least 8 % of the operator’s annual turnover in the Member State concerned of the same nature.
Amendment 1536 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a
Article 79a
Amendment 1586 #
2022/0104(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a Transitional provisions 1. In relation to installations carrying out activities referred to in Annex I, points 1.1, to 1.3, point 1.4 (except pyrolysis), point 2.1, point 2.2, point 2.3(a), point 2.3(b), point 2.3(c), points 2.4 to 2.6, points 3.1 to 3.5, points 4.1 to 4.6, point 5.1 to 5.6, point 5.3 (except anaerobic digestion), points 5.4 to 5.6, point 6.1, point 6.2 (except finishing of textile fibres), point 6.3, point 6.4, point 6.5 (except animal by products), point 6.7 which are in operation and hold a permit before [OP please insert the date = the first day of the month following 18 months after the date of entry into force of this Directive] or the operators of which have submitted a complete application for a permit before that date, provided that those installations are put into operation no later than [one year after the first day of the month following 18 months after the date of entry into force of this Directive], Member States shall apply the laws, regulations and administrative laws, regulations and administrative provisions adopted in accordance with Article 3(1) of the recast of Directive 2010/75/EU from [one year after the first day of the month following 18 months after the date of entry into force of this Directive]. 2. In relation to installations carrying out activities referred to in Annex I, point 1.4 for activities concerning pyrolysis, points 2.3(aa), point 2.3(ab), point 2.3 (bb), point 2.7, point 3.6, point 5.3 for activities concerning anaerobic digestion, point 6.2 for activities concerning finishing of textile fibres and point 6.5 for activities concerning animal by-products which are in operation before [OP please insert the date = the first day of the month following 18 months after the date of entry into force of this Directive], Member States shall apply the laws, regulations and administrative provisions adopted in accordance with this Directive from [two years after the first day of the month following 18 months after the date of entry into force of this Directive].
Amendment 1596 #
2022/0104(COD)
Proposal for a directive
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 2 – point 2.3 – point a a
Annex I – paragraph 3 – subparagraph 2 – point 2.3 – point a a
Amendment 1599 #
2022/0104(COD)
Proposal for a directive
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
Directive 2010/75/EU
Annex I – paragraph 1 – subparagraph 2 – point 2.3 – point a b
Annex I – paragraph 1 – subparagraph 2 – point 2.3 – point a b
Amendment 1603 #
2022/0104(COD)
Proposal for a directive
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
Directive 2010/75/EU
Annex I – paragraph 1 – subparagraph 2 – point 2.3 – point b
Annex I – paragraph 1 – subparagraph 2 – point 2.3 – point b
(b) operation of smitheries with hammers the energy of which exceeds 250 kilojoule per hammer;
Amendment 1607 #
2022/0104(COD)
Proposal for a directive
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
Directive 2010/75/EU
Annex I – paragraph 1 – subparagraph 2 – point 2.3 – point b a
Annex I – paragraph 1 – subparagraph 2 – point 2.3 – point b a
Amendment 1664 #
2022/0104(COD)
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 1
Annex Ia – paragraph 1
1. Rearing of cattle, pigs or poultry in installations of 1450 livestock units (LSU) or more, excluding rearing carried out in the context of small scale family farming and organic farming as defined in this Directive.
Amendment 1685 #
2022/0104(COD)
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 2
Annex Ia – paragraph 2
Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 1450 LSU or more, excluding rearing carried out in the context of small scale extensive farming, small scale family farming and organic farming as defined in this Directive.
Amendment 115 #
2022/0099(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Fluorinated greenhouse gases are human-made chemicals that are very strong greenhouse gases (‘GHG’), often several thousand times stronger than carbon dioxide (‘CO2’). Together with CO2, methane and nitrous oxide, they belong to the group of GHG emissions covered by the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (‘the Paris Agreement’).25 Fluorinated greenhouse gas emissions amount today to 2.5 % of total GHG emissions, in the Union, but have doubledincreased by 60 percent from 1990 to 20147 in contrast to other GHG emissions, which have fallen. It must be underlined that this increase was driven by a substantial reduction of substances that deplete the ozone layer. _________________ 25 OJ L 282, 19.10.2016, p. 4.
Amendment 118 #
2022/0099(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Intergovernmental Panel on Climate Change (IPCC) Special report27 concluded that emission decreases forstated that the full application of technologies that are currently commercially available, and at least to a limited extent already tested and implemented, have the potential of reducing emissions of fluorinated greenhouse gases ofby up to 90 % by 2050 globally compared to the year 2015 would be needed0. The report also shows that in order to limit global warming even to 1.5 degrees, the emissions of fluorinated greenhouse gases would have to be reduced by roughly 75- 80% by 2050, compared to 2010 levels. In response to the urgency for climate action, the Union increased its climate ambition through Regulation (EU) 2021/1119 of the European Parliament and of the Council (the European Climate Law).28 That Regulation establishes a binding net GHG reduction target of at least 55 % by 2030 compared to 1990 and climate neutrality by 2050. The Union has also enhanced its initial nationally determined contribution under the Paris Agreement from at least 40 % greenhouse gas emissions reductions by 2030, to at least 55 %. However, the evaluation of Regulation (EU) No 517/2014 shows that the emission savings envisaged by 2030 in the context of the outdated Union climate objectives will not be fully achieved. _________________ 27 IPCC Special Report. Global warming of 1.5 C (August 2021). 28 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (OJ L 243, 9.7.2021, p. 1).
Amendment 120 #
2022/0099(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) It is important to see the reduction of fluorinated greenhouse gases in conjunction with the larger targets that the Union has set for GHG. This regulation should not counteract those overarching goals. In particular, this Regulation should not complicate the implementation of the already ambitious objectives under RePowerEU.
Amendment 123 #
2022/0099(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) It is important that this Regulation ensures that the Union complies with its international obligations under the Kigali Amendment to the Protocol in the long- term, in particular, with regards to the reduction of consumption and production of HFCs, reporting and licensing requirements, in particular by introducing a phase-down for production and adding reduction steps for the placing of HFCs on the market for the time after 2030. However, the HFC phase-down must not compromise the Union’s energy-efficiency ambitions as laid out in, among others, the European Green Deal, the Energy Performance of Buildings Directive (Directive 2010/31/EU) and the RePowerEU Plan, including the uptake of low-climate impact waste-heat recovery applications, such as heat pumps, as well as foams used for high performance insulation. The RePowerEU Plan envisions an additional 20 million new heat pumps to be installed in the EU by 2026 and nearly 60 million by 2030.
Amendment 130 #
2022/0099(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Given that the production process for some fluorinated compounds can result in significant emissions of other fluorinated greenhouse gases produced as by-products, such by-product emissions should be destroyed or recovered for subsequent use as a condition for the placing of fluorinated greenhouse gases on the market in accordance with the Montreal Protocol. Producers and importers should be required to document measures adopted to prevent emissions of trifluoromethane during the production process.
Amendment 132 #
2022/0099(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) Despite the high GWP and increasing use of sulfuryl fluoride, the emissions of this fluorinated greenhouse gas have not been regulated or monitored and are also not covered by any reporting requirements under the Paris Agreement. Where alternative treatment methods of wood and wooden products against pest infestation are available, the use of sulfuryl fluoride is prohibited by 2030. From 2025, operators must ensure that, if technically and financially feasible, sulfuryl fluoride is recovered after fumigation. If this is not possible, then alternative treatment options must be used.
Amendment 140 #
2022/0099(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) It should be emphasized that the use of technologies with no impact, or a lower impact, on the climate can have other significant drawbacks. Such technologies may make use of toxic, flammable or high-pressure substances, and therefore have significant disadvantages compared to technologies that use fluorinated greenhouse gases. It is therefore not a given that such technologies, which in theory have the potential to replace technologies based on fluorinated greenhouse gases, can serve as replacements in practice.
Amendment 142 #
2022/0099(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The existing prohibitions on specific uses of sulphur hexafluoride, the most climate damaging substance known, should be retained and be complemented by additional restrictions on the use in the critical sector of power distribution. It should be clarified that switchgear operators must be able to maintain and expand their existing installations in the manner required by the respective technology.
Amendment 148 #
2022/0099(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Where suitable alternatives to the use of specific fluorinated greenhouse gases are available, bans should be introduced on the placing on the market of new equipment for refrigeration, air- conditioning and fire protection that contains fluorinated greenhouse gases or whose functioning relies upon those gases. Where alternatives are not available or cannot be used for technical or safety reasons, or where the use, practical, economical ofr such alternatives would entail disproportionate costafety reasons, it should be possible for the Commission to authorise an exemption to allow the placing on the market of such products and equipment for a limited period.
Amendment 152 #
2022/0099(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
Amendment 173 #
2022/0099(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) It makes no sense to accelerate the reduction of emissions of fluorinated greenhouse gases if this leads to an increase in illegal imports of fluorinated greenhouse gases. This regulation should therefore contribute not only to reducing the emissions of fluorinated greenhouse gases, but also to ensure that the illegal import of fluorinated greenhouse gases is prevented.
Amendment 175 #
2022/0099(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Member States should ensure that customs authorities carrying out controls under this Regulation have the appropriate resources and knowledge, for example via training made available to them, and are sufficiently equipped in view of addressing cases of illegal trade of the gases and products and equipment covered by this Regulation. Member States should designate those customs offices that meet those conditions and are therefore mandated to carry out customs controls on imports, exports and in cases of transit.
Amendment 178 #
2022/0099(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34 a) Without prejudice to the competences and sovereignty of the Member States, sanctions should be as coherent as possible. The Commission should therefore map out the differences in sanctions between Member States every four years and submit a report to the European Parliament and to the Council.
Amendment 179 #
2022/0099(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Serious iInfringements of this Regulation should, where appropriate, also be prosecuted under criminal law, in accordance with Directive 2008/99/EC of the European Parliament and of the Council.34 _________________ 34 Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).
Amendment 180 #
2022/0099(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Competent authorities of the Member States, including their environmental authorities, market surveillance, judicial and customs authorities, should carry out checks, on a risk-based approach, in order to ensure compliance with all provisions of this Regulation. Such approach is necessary in order to target the activities representing the highest risk of illegal trade or unlawful release of fluorinated greenhouse gases covered by this Regulation. In addition, competent authorities should carry out checks when in possession of evidence or other relevant information on potential cases of non- compliance. Where relevant and to the extent possible, such information should be communicated to customs authorities in order to proceed to a risk analysis prior to controls, in accordance with Article 47 of Regulation (EU) 952/2013 of the European Parliament and of the Council.35 It is important to ensure that competent authorities responsible for following up the issuing of penalties are informed when cases of infringements of this Regulation have been established by other competent authorities. _________________ 35 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
Amendment 188 #
2022/0099(COD)
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) As one aim of this Regulation is to contribute to the climate goals of the Union, its efficiency and effects should be regulary reviewed by the Commission, in order not to hinder the application of technologies that have the potential to eliminate even more GHGs. Demand for F-gases may for example increase as the Union has to rely on batteries in order to accomplish its shift to electric vehicles. Batteries may also be needed for the storage of renewable energy. This Regulation should not hinder such developments, as that could contribute to higher GHG emissions in the Union. Therefore, the Commission should, from 2027 and every two years thereafter, present a report to the European Parliament and to the Council on the effects of this Regulation. That report should, in particular, focus on the hindrance this Regulation may cause to the implementation of other green technologies, as well as the impact of this Regulation on the industry and end-users, in particular SMEs.
Amendment 198 #
2022/0099(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation also applies to products and equipment, and parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases.
Amendment 206 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘placing on the market’ means the supplying or making available to another person witharty in the Union, for the first time, for payment or free of charge, the customs release for free circulation in the Union, andor using for its own account in the ucase of substances produced or the use of products or equipment manufactured for own usea producer, and includes customs release for free circulation in the Union;
Amendment 208 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘hermetically sealed equipment’ means equipment in which all fluorinated greenhouse gas containing parts are made tight during its manufacturing process at the premises of the manufacturer by welding, brazing or a similar permanent connection, which may include capped valves or capped service ports that allow proper repair or disposal, and which have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure;
Amendment 211 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9 a (new)
Article 3 – paragraph 1 – point 9 a (new)
(9 a) ‘plug-in’ means capable of or designed for being connected to an electrical power source by inserting the plug into different sockets without the intervention of a professional installer;
Amendment 212 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9 b (new)
Article 3 – paragraph 1 – point 9 b (new)
(9 b) ‘self-contained system’ means a complete factory-made refrigerating system in a suitable frame and/or enclosure, that is fabricated and transported complete in which no refrigerant-containing parts are connected on site;
Amendment 213 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9 c (new)
Article 3 – paragraph 1 – point 9 c (new)
(9 c) ‘split system’ means a system that consists of multiple mountings linked by refrigerant piping to form a discrete matched functional unit, needing installation and connection of refrigerant circuit parts at the site of usage;
Amendment 214 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9 d (new)
Article 3 – paragraph 1 – point 9 d (new)
(9 d) ‘single split air conditioning systems’ means systems for room air conditioning that consist of one outdoor unit and one indoor unit linked by refrigerant piping, needing installation at the site of usage;
Amendment 215 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9 e (new)
Article 3 – paragraph 1 – point 9 e (new)
(9 e) ‘heat pump’ means systems that use a refrigeration circuit to extract energy from the environment or from waste heat sources and deliver space/water heating. Reversible systems provide a cooling as well as a heating function;
Amendment 216 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9 f (new)
Article 3 – paragraph 1 – point 9 f (new)
(9 f) ‘household equipment’ means electrical equipment, declared by the manufacturer in the Declaration of Conformity as complying with the Directive 2014/35/EU of the European Parliament and of the Council;
Amendment 236 #
2022/0099(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The prevention of emissions of fluorinated greenhouse gases shall be considered together with the prevention of emissions of overall greenhouse gases and the energy efficiency first principle. In this regard special attention should be paid to heat pump technologies and their potential to replace fossil fuel boilers, making a major contribution to achieving the EU's energy and climate targets and a reduced dependency on fossil fuels as determined in the REPowerEU plan.
Amendment 239 #
2022/0099(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Operators and manufacturers of equipment and installations that contain fluorinated greenhouse gases listed in Annexes I or II, as well as undertakings in possession of such equipment during its transport or storage, shall take all necessary precautions to prevent the unintentional release of any such gases. They shall take all measures that are technically, practically and economically feasible to minimise leakage of the gases.
Amendment 248 #
2022/0099(COD)
Proposal for a regulation
Article 4 – paragraph 6 – subparagraph 2 a (new)
Article 4 – paragraph 6 – subparagraph 2 a (new)
Amendment 255 #
2022/0099(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Operators of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 13 kilogram or more of fluorinated greenhouse gases listed in Annex II, Section I, not contained in foams, shall ensure that the equipment is checked for leaks.
Amendment 263 #
2022/0099(COD)
Hermetically sealed equipment that contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 26 kilograms of fluorinated greenhouse gases listed in Annex II, Section I, shall not be checked for leaks, provided the equipment is labelled as hermetically sealed and its connected parts have a tested leakage rate of less than 3 grams per year under a pressure of at least a quarter of the maximum allowable pressure.
Amendment 280 #
2022/0099(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Amendment 291 #
2022/0099(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. As from 1 January 20246, building owners and contractors shall ensure that during renovation, refurbishing or demolition activities implying the removal of metal-faced panels that contain foams with fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, the emissions are avoided to the extent possible by recovery for reuse or destruction of the foams and the gases contained therein. The recovery shall be carried out by appropriately qualified natural persons.
Amendment 292 #
2022/0099(COD)
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
As from 1 January 20246, building owners and contractors shall ensure that during renovation, refurbishing or demolition activities implying the removal of foams in laminated boards installed in cavities or built-up structures that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, the emissions are avoided to the extent possible by recovery for reuse or destruction of the foams and the gases contained therein. The recovery shall be carried out by appropriately qualified natural persons.
Amendment 324 #
2022/0099(COD)
Proposal for a regulation
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6 a. The Member States shall establish or adapt certification schemes and training programmes pursuant to paragraphs 1, 2, 3 and 6 within six months from entry into force of this regulation.
Amendment 328 #
2022/0099(COD)
Proposal for a regulation
Article 10 – paragraph 8 – subparagraph 1
Article 10 – paragraph 8 – subparagraph 1
By 1 January [OP, please insert the date = onthree years following the entry into force of this Regulation] Member States shall notify the Commission of certification and training programmes.
Amendment 335 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The placing on the market of products and equipment, including parts thereof, listed in Annex IV, with an exemption for military equipment, shall be prohibited from the date specified in that Annex, differentiating, where applicable, according to the type or global warming potential of the gas contained. The date of placing on the market shall be referring to the planned delivery date as specified in the purchase contract.
Amendment 345 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Products and equipment unlawfully placed on the market after the date referred to in the first subparagraph, shall not be subsequently used or supplied, or made available to other persons within the Union for payment or free of charge or exported. Such products and equipment may only be stored or transported for subsequent return to the country of origin or for disposal and for the recovery of the gas prior to the disposal pursuant to Article 8.
Amendment 350 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 3
Article 11 – paragraph 1 – subparagraph 3
Amendment 355 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The prohibition set out in paragraph 1, first subparagraph, shall not apply to equipment for which it has been established in ecodesign studies and/or requirements adopted under Directive 2009/125/EC that due to higher energy efficiency during its operation, its lifecycle CO2 equivalent emissions would be lower than those of equivalentequipment which meets relevant ecodesign requirements. In addition, the prohibition shall not apply to equipment for which meets relevant ecodesign requireit has been established that alternative solutions emit more GHG emissions, taking into account their life- cycle assessments. .
Amendment 361 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – introductory part
Article 11 – paragraph 4 – subparagraph 1 – introductory part
Following a substantiated request by a competent authority of a Member State and taking into account the objectives of this Regulation, the Commissiona Member State may, exceptionally, by means of implementing acts, authorise an exemption for up to four years to allow the placing on the market of products and equipment listed in Annex IV, including parts thereof, containing fluorinated greenhouse gases or whose functioning relies upon those gases, where it is demonstrated that:
Amendment 366 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – point a
Article 11 – paragraph 4 – subparagraph 1 – point a
(a) for a specific product or a piece of equipment, or for a specific category of products or equipment, proved and qualified alternatives are not available, or cannot be used for technical or safety reasons; or
Amendment 370 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 2
Article 11 – paragraph 4 – subparagraph 2
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2)e Member State shall notify the exemption and its duration to the Commission, and regularly assess it.
Amendment 372 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 5 – subparagraph 1
Article 11 – paragraph 5 – subparagraph 1
Only undertakings that hold a certificate required under Article 10(1), point (a) or the training attestation required under Article 10(2), or undertakings that employ persons holding such a certificate or a training attestation shall be allowed to purchase fluorinated greenhouse gases listed in Annex I or Annex II, Section 1, for the purpose of carrying out the installation, servicing, maintenance or repair of the equipment containing those gases, or whose functioning relies upon those gases, referred to in Article 5(2), points (a) to (g), and Article 10(2). Operators of electrical switchgear shall also be allowed to buy, for the purposes mentioned above, spare parts for existing switchgear as well as parts for their extension in the manner foreseen by the respective technology.
Amendment 391 #
2022/0099(COD)
Proposal for a regulation
Article 12 – paragraph 14
Article 12 – paragraph 14
Amendment 417 #
2022/0099(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The use of desflurane as inhalation anaesthetic is prohibited as from 1 January 2026, except when such use is strictly required and no other anaesthetic can be used on medical groundsconfer medical benefits versus other anaesthetic agents or when used in conjunction with a gas capture technology. The user shall provide evidence, upon request, on the medical justification to the competent authority of the Member State and the Commission.
Amendment 418 #
2022/0099(COD)
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4 a. From 1 January 2030, the use of sulfuryl fluoride for post-harvest fumigation and treatment of wood and wooden products against pest infestation shall be prohibited. In exceptional circumstances, where a phytosanitary certificate is required and no other treatment can be used, short- term approval to use sulfuryl fluoride must be requested. Perpetual broad- spectrum approval for phytosanitary use is prohibited.
Amendment 435 #
2022/0099(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point e a (new)
Article 16 – paragraph 2 – point e a (new)
(e a) used in pre-charged equipment which are exported outside the Union.
Amendment 448 #
2022/0099(COD)
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point b
Article 16 – paragraph 4 – subparagraph 1 – point b
(b) a sufficient supply of hydrofluorocarbons cannot be ensured without entailing disproportionate costs. or risks to public health.
Amendment 451 #
2022/0099(COD)
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point b a (new)
Article 16 – paragraph 4 – subparagraph 1 – point b a (new)
(b a) the quota system will affect the European Union decarbonization targets.
Amendment 454 #
2022/0099(COD)
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). The authorized exemption shall be applicable within the whole Union and not exclusively to the single Member State.
Amendment 456 #
2022/0099(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. This Article and Articles 17, 20 to 29 and 31 shall alsonot apply to hydrofluorocarbons contained in pre- blended polyols.
Amendment 464 #
2022/0099(COD)
Proposal for a regulation
Article 17 – paragraph 5 – subparagraph 1
Article 17 – paragraph 5 – subparagraph 1
The allocation of quotas is subject to the payment of the amount due which equals to threone euro for each tonne of CO2 equivalent of quota to be allocated. Importers and producers shall be notified via the F-gas Portal of the total amount due for its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. The Commission may, by means of implementing acts, determine the modalities and the detailed arrangements for the payment of the amount due. Those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2).
Amendment 471 #
2022/0099(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 5 as regards the amounts due for the allocation of quota and the mechanism to allocate remaining quotas, where necessary to prevent major disruptions of the market of hydrofluorocarbons or any disruption to the supply of pharmaceutical products, or where the mechanism is not fulfilling its purpose andor is having undesirable or unintended effects, including on public health.
Amendment 481 #
2022/0099(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Quotas shall only be allocated to producers or importers that have an establishment within the Union, or which have mandated an only representative with an establishment within the Union that assumes the full responsibility of complying with this Regulation and with the requirements of Title II of Regulation (EC) No 1907/2006 of the European Parliament and of the Council. The only representative may be the same as the one mandated pursuant to Article 8 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council43 . _________________ 43 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).
Amendment 503 #
2022/0099(COD)
Proposal for a regulation
Article 23 – paragraph 3 – point e
Article 23 – paragraph 3 – point e
(e) the tonnes of CO2 equivalent of bulk gases and of gases contained in products or equipment, and parts thereof.
Amendment 506 #
2022/0099(COD)
Proposal for a regulation
Article 23 – paragraph 12 – subparagraph 3
Article 23 – paragraph 12 – subparagraph 3
Amendment 535 #
2022/0099(COD)
Proposal for a regulation
Article 31 – paragraph 5 – subparagraph 1
Article 31 – paragraph 5 – subparagraph 1
In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisage maximum administrative fines of at least five times the market value15 euro/t CO2 of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five- year period, the Member States shall envisage maximum administrative fines of at least eight times the value30 euro/t CO2 of the gases or products and equipment concerned.
Amendment 546 #
2022/0099(COD)
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
By 31 December 2027, and every two years thereafter, the Commission shall submit to the European Parliament and to the Council a comprehensive report on the effects of this Regulation, and in particular: (a) a forecast of the continued demand for hydrofluorocarbons beyond 2035; (b) a review of the availability of technically feasible, cost-effective, energy efficient and safe alternatives to products and equipment containing fluorinated greenhouse gases, in particular metered dose inhalers; (c) the effects of this Regulation on the transition towards electric vehicles and batteries needed for energy storage solutions; (d) the effects of this Regulation on the affected industry and end-users, in particular SMEs. That report should be accompanied, where appropriate, by a legislative proposal to amend this regulation.
Amendment 554 #
2022/0099(COD)
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
Article 17(5) shall apply from [OP: Please insert the year following the year of the application of this Regulation]1 January 2030.
Amendment 559 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 2
Annex IV – point 2
2. The evidence referred to in point 23, shall include documentation establishing that following an open call for tender no suitable alternative on technical and economical grounds, given the demonstrated specificities of the application, was available that could meet the conditions set out in point 23. The documentation shall be kept by the operator for at least five years and shall be made available to the competent authority of the Member State and to the Commission, upon request.
Amendment 560 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 2 a (new)
Annex IV – point 2 a (new)
2 a. The prohibitions on placing on the market set out in point 23 do not apply to the spare parts necessary for maintenance and repair of equipment already installed and to the extension of the already installed gas-insulated substations and already installed refrigeration, air conditioning or heat pump equipment.
Amendment 563 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 2 b (new)
Annex IV – point 2 b (new)
2 b. Technical grounds within the meaning of point 23 shall be understood to include, in addition to reasons relating to the functioning of the installation itself or its interaction with the energy system, also an unsuitable spacial situation required for the installation of the respective technology.
Amendment 573 #
2022/0099(COD)
Proposal for a regulation
Annex VIII – point 1 – paragraph 2 – indent 2
Annex VIII – point 1 – paragraph 2 – indent 2
– in addition, where relevant, a quota corresponding to the reference value referred to in Annex VII, point 4(ii), multiplied by the maximum quantity for the year for which the quota is allocated divided by the maximum quantity for the year 20247.
Amendment 575 #
2022/0099(COD)
Proposal for a regulation
Annex VIII – point 1 – paragraph 3
Annex VIII – point 1 – paragraph 3
In case where after allocating the full amount of quotas as referred to in the second subparagraph, the maximum quantity is exceeded, all quotas allocated under Annex VII, point 4(i) will be reduced proportionally.
Amendment 609 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 12
Annex IV – point 12
(12) Any stationary, self-contained refrigeration equipment except chillers, rooftops or any other stationary self-contained refrigeration equipment with a capacity above 6 kW that contains fluorinated 1 January greenhouse gases with GWP of 150 or more. , except when needed to 2027 2025 meet safety requirements.
Amendment 616 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 14
Annex IV – point 14
(14) Stationary refrigeration equipment, that contains, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 2 500 or more 1 January except equipment intended for application designed to cool products to 20246 temperatures below – 50 °C.
Amendment 626 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 17
Annex IV – point 17
(17) Plug-in room and other self-contained room air-conditioning and heat pumpequipment and plug-in self-contained room heat pump appliances which are movable by the 1 January equipmentnd user that contain fluorinated greenhouse gases with GWP of 150 1 January 2028 or more. 2025 , except when needed to meet safety requirements.
Amendment 641 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 18
Annex IV – point 18
(18) Stationary split air-conditioning and split heat pump equipment : (a) Single split air-conditioning systems containing less than 3 kg of fluorinated greenhouse 1 January gases listed in Annex I, that contain, or whose functioning relies upon,fluorinated greenhouse gases listed in Annex I and fixed double duct 2025 fluorinated greenhouse gases listed in Annex I with GWP of 750 or more; (b) Split systems of a rated capacity of up to and including 12 kW appliances, that containing, or whose functioning relies upon, fluorinated greenhouse gasesgreenhouse gases listed in Annex I with GWP of 1750 or more, except when required to meet safety standards; 1 January 2027; Deleted (c) SOther split systems of a rated capacity of more than 12 kW containing, or whose functioning relies upon, 1 January fluorinated greenhouse gases with GWP of 750 or more, except when requir 2030 needed to meet safety standardrequirements.
Amendment 652 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 23
Annex IV – point 23
(a) medium voltage switchgear for primary and secondary distribution up to 24 kV, with insulating or breaking medium using, or whose functioning relies upon, gases with GWP of 10 1 January 1 January or more, or with GWP of 2000 or more, unlessfunctioning relies upon, gas mixtures with 2030 2026GWP of 2000 or more, unless evidence is evidence is provided that no suitable alternative is alternative is available based on technical grounds within the lower GWP ranges referred to above; (b) medium voltage switchgear for primary and grounds; (b) secondary distribution from more than 24 kV and up to 52 kV, with insulating or breaking medium using, or whose functioning relies 1 January upon gas mixtures with GWP of 10 or more, or withmore than 20301 GWP of more than 2000, unless evidence is (23) Installation and provided that noprovided that no suitable alternative is available replacement of thebased on (23) Electrical based on technical grounds within the lower following electrical GWP ranges referred to above;; switchgear: in new (c) (c) high voltage switchgear from 52 and up to 145 installations: kV and up to 50 kA short circuit current with insulating or breaking medium using, or whose functioning relies upon gases with GWP of 10 1 January 1 Januaryfunctioning relies upon gas mixtures with or more, or with GWP of more than 2000, 2029 2028GWP of more than 2000, unless evidence is unless evidence is provided that no suitable alternative is alternative is available based on technical grounds within the lower GWP ranges referred to above;grounds; (d) high voltage switchgear of more than 145 kV or more than 50 kA short circuit current with insulating or breaking medium using, or whose 1 January functioning relies upon gases with GWP of 10 2031 mixtures of more or more, or with GWP of more than 2000 2032 than 2000 unless evidence is provided that no suitable suitable alternative is available based on technical grounds within the lower GWP ranges referred to above. technical grounds.
Amendment 676 #
2022/0099(COD)
Maximum Quantity Years in tonnes CO2 equivalent 2024 – 2026 41 701 077 65 000 000 2027 – 2029 17 688 36 53 000 000 2030 – 2032 9 132 097 48 000 000 2033 – 2035 8 445 713 2036 – 2038 6 782 265 2039 – 2041 6 136 732 2042 – 2044 5 491 199 2045 – 2047 4 845 666 2048 onwards 4 200 133 40 000 000 2036 – 2038 To be defined after a new revision of the Regulation 2039 – 2041 To be defined after a new revision of the Regulation 2042 – 2044 To be defined after a new revision of the Regulation 2045 – 2047 To be defined after a new revision of the Regulation 2048 onwards To be defined after a new revision of the Regulation
Amendment 98 #
2022/0095(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The European Green Deal25 is Europe’s sustainable growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, competitive, climate-neutral and circular economy. It sets the ambitious objective of ensuring that the Union becomes the first climate neutral continent by 2050. It recognises the advantages of investing in the Union’s competitive sustainability by building a fairer, greener and more digital Europe. Products have a pivotal role to play in this green transition. Underlining that current production processes and consumption patterns remain too linear and dependent on a throughput of new materials extracted, traded and processed goods and finally disposed of as waste or emissions, the European Green Deal emphasises the urgent need to transition to a circular economy model and stresses the significant progress that remains to be made. It also identifies energy efficiency as a priority for the decarbonisation of the energy sector and for reaching the climate objectives in 2030 and 2050, while underlining the importance of energy security and affordability. __________________ 25 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.
Amendment 101 #
2022/0095(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) To accelerate the transition to a circular economy model, the Commission designed a future-oriented agenda in its Circular Economy Action Plan for a cleaner and more competitive Europe26 (CEAP), with the objective of making the regulatory framework fit for a sustainable future. The plan underlines that, for citizens, the circular economy will provide high-quality, functional and safe products, which are efficient and affordable, last longer and are designed for reuse, repair, and high-quality recycling. As set out in this plan, there is currently no comprehensive set of requirements to ensure that all products placed on the Union market become increasingly sustainable and stand the test of circularity. In particular, product design does not sufficiently promote sustainability over the whole life cycle. As a result, products are being replaced frequently, involving significant energy and resource use in order to produce and distribute new products and dispose of old ones. It is still too difficult for economic operators and citizens to make sustainable choices in relation to products given that relevant information and affordable options to do so are lacking. This leads to missed opportunities for sustainability and for value-retaining operations, limited demand for secondary materials and obstacles to the adoption of circular business models. __________________ 26 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 A new Circular Economy Action Plan For a cleaner and more competitive Europe COM(2020)98 final.
Amendment 109 #
2022/0095(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation will contribute to making products fit for a climate-neutral, resource-efficient and circular economy, reducing waste and ensuring that the performance of frontrunners in sustainability progressively becomes the norm. It should provide for the setting of new ecodesign requirements to improve product durability, reusability, upgradability and reparability, improve possibilities for refurbishment and maintenance, address the presence of hazardous chemicals in products, increase their energy and resource efficiency, reduce their expected generation of waste materials and increase recycled content in products, while ensuring their performance, affordability and safety, enabling remanufacturing and high-quality recycling and reducing carbon and environmental footprints.
Amendment 119 #
2022/0095(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should also contribute to achieving the Union’s wider environmental objectives. The 8th Environmental Action Programme38 enshrines in a legalmonitoring framework the Union’s objective of staying within the planetary boundaries and identifies enabling conditions to achieve priority objectives, which include the transition to a non-toxic circular economy. The European Green Deal also calls for the Union to better monitor, report, prevent and remedy air, water, soil and consumer products pollution. This means that chemicals, materials and products have to be as safe and sustainable as possible by design and during their life cycle, leading to non-toxic material cycles39 . In addition, both the European Green Deal and the CEAP recognise that the Union internal market provides a critical mass that is able to influence global standards on product sustainability and product design. This Regulation should therefore play a significant role towards achieving several targets established under the United Nations’ Sustainable Development Goals of the UN’s 2030 Agenda for Sustainable Development ‘Responsible consumption and production’40 , both inside and outside the Union. __________________ 38 Decision (EU) 2022/…. of the European Parliament and of the Council of … on a General Union Environment Action Programme to 2030 [Add reference when published in OJ – trilogue agreement 2 December 2021]. 39 As set out in the EU Action Plan Towards zero pollution for air, water and soil (COM(2021)400 final) and the Chemicals Strategy for Sustainability (COM(2020)667 final), which calls for embracing the zero pollution goals in production and consumption. 40 Including in particular targets under SDG 12 (“Responsible consumption and production”).
Amendment 129 #
2022/0095(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to create an effective and future-proof regulatory framework, it is necessary to allow for the setting of ecodesign requirements on all physical goods placed on the market or put into service, including components and intermediate products. This should allow the Commissions to take into account the broadest range of products possible when prioritising the establishment of ecodesign requirements and thereby maximise their effectiveness. Where needed, specific exemptions should be made when setting ecodesign requirements, for example for products with a particular purpose that could not be fulfilled when complying with ecodesign requirements, including products used by the military or in law enforcement operations. In addition, exemptions should be made at the level of the framework for those products for which it is already clear that ecodesign requirements would not be suitable or where other frameworks provide for the setting of such requirements. This should be the case for food and feed as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council44 , medicinal products for human use as defined in Directive 2001/83/EC of the European Parliament and of the Council45 , veterinary medicinal products as defined in Regulation (EU) 2019/6 of the European Parliament and of the Council46 , living plants, animals and micro-organisms, products of human origin, and products of plants and animals relating directly to their future reproduction. and products intended for specifically military, defence or law enforcement purposes. __________________ 44 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). 45 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). 46 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).
Amendment 139 #
2022/0095(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) When establishing ecodesign requirements the Commission should take into account the nature and purpose of the products concerned as well as the characteristics of the relevant markets. For example, defence equipment has to be able to operate under specific and sometimes harsh conditions, which needs to be considered when setting ecodesign requirements. Certain information on defence equipment should not be disclosed and should be protected. Therefore, for military or sensitive equipment ecodesign requirements should take into account the security needs and the characteristics of the defence market, as defined in Directive 2009/81/EC of the European Parliament and of the Council48 . Similarly, the space industry is strategic for Europe and for its technological non- dependence. As space technologies operate in extreme conditions, any ecodesign requirements for space productsnot be applicable . Similarly, the space industry is strategic for Europe and for its technological non- dependence and should bfalance sustainability considerations with resilience and expected performancel outside the scope of this Regulation. Further, for medical devices as defined in Article 2(1) of Regulation (EU) 2017/745 on medical devices49 and in vitro diagnostic medical devices as defined in Article 2(2) of Regulation (EU) 2017/746 on in vitro diagnostic medical devices50 , the Commission should take into account of the need to not negatively affect health and safety of patients and users. __________________ 48 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76). 49 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). 50 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).
Amendment 141 #
2022/0095(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) To avoid duplication of efforts and regulatory burden, consistency should be ensured between this Regulation and requirements set in or pursuant to other Union legislation, especially products, chemicals and waste legislation51 . However, the existence of empowerments under other Union legislation to set requirements with the same or similar effects as requiDouble regulation should be avoided at all times. In that regard, the principle of one rule in, one rule out, as enshrined in the Better Regulation Communication, should be respected. The Commission should, where appropriate, premsents under this Regulation does not limit the empowerments included in this Regulation, unless specified legislative proposals in order to reduce the administrative burden and remove unnecessary requirements in othis Reguer legislation. __________________ 51 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the implementation of the circular economy package - options to address the interface between chemical, product and waste legislation (COM(2018) 32 final).
Amendment 144 #
2022/0095(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Delegated acts including ecodesign requirements should, as was the case under Directive 2009/125/EC, undergo a dedicated impact assessment and stakeholder consultation, and should be drawn up in line with the Commission’s Better Regulation guidelines, and include an assessment of the international dimension and impacts on third countries. When doing so, the Commission should take due consideration of all aspects of the life cycle of the product and base its impact assessment on best available evidence. When preparing ecodesign requirements the Commission should use a scientific approach and also take into consideration relevant technical information in particular coming from Regulation (EC) No 66/2010 of the European Parliament and of the Council52 , Directive 2010/75/EU of the European Parliament and of the Council53 , technical screening criteria adopted pursuant to Regulation (EU) 2020/852 of the European Parliament and of the Council54 and green public procurement criteria55 . __________________ 52 Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (OJ L 27, 30.1.2010, p. 1). 53 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). 54 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13). 55 Communication “Public procurement for a better environment” (COM (2008) 400)
Amendment 148 #
2022/0095(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to take into account the diversity of products, the Commission should select the methods to assess the setting of the ecodesign requirements and, as appropriate, develop them further based on the nature of the product, its most relevant aspects and its impacts over its life cycle. In doing so, the Commission should take account of its experience in assessing the setting of requirements under Directive 2009/125/EC and the continuing efforts to develop and improve science-based assessment tools, such as the update of the methodology for ecodesign of energy- related products, and the Product Environmental Footprint method set out in Commission Recommendation (EU) 2021/227956 , including as regards temporary storage of carbon, as well as the development of standards by international and European standardisation organisations, including on the material efficiency of energy-related products. Building on these tools and using dedicated studies when needed, the Commission should further reinforce circularity aspects (such as durability, reparability including reparability scoring, identification of chemicals hindering re-use and recycling) in the assessment of products and in the preparation of ecodesign requirements, and should develop new methods or tools where appropriate. New approaches may also be needed for the preparation of mandatory public procurement criteria and for bans on the destruction of unsold consumer products. __________________ 56 Commission Recommendation (EU) 2021/2279 of 15 December 2021 on the use of the Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organisations.
Amendment 151 #
2022/0095(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Performance requirements should relate to a selected product parameter relevant to the targeted product aspect for which potential for improving environmental sustainability has been identified. Such requirements may include minimum or maximum levels of performance in relation to the product parameter, non-quantitative requirements that aim to improve performance in relation to the product parameter, or requirements related to a product’s functional performance to ensure that the selected performance requirements do not negatively impact the ability of the product to perform the function for which it was designed and marketed. Regarding minimum or maximum levels, they may for example take the form of a limit on energy consumption in the use phase or on the quantities of a given material incorporated in the product, a requirement for minimum quantities of recycled content, or a limit on a specific environmental impact category or on an aggregation of all relevant environmental impacts. An example of a non-quantitative requirement is the prohibition of a specific technical solution that is detrimental to product reparability. Performance requirements will be used to ensure the removal of the worst performing products from the market where this is necessary to contribute to the environmental sustainability objectives of the Regulation.
Amendment 166 #
2022/0095(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) To improve environmental sustainability of products, information requirements should relate to a selected product parameter relevant to the product aspect, such as the product’s environmental footprint or its durability. They may require manufacturer to make available information on the product’s performance in relation to a selected product parameter or other information that may influence the way the product is handled by parties other than the manufacturer in order to improve performance in relation to such a parameter. Such information requirements should be set either in addition to, or in place of, performance requirements on the same product parameter as appropriate. Where a delegated act includes information requirements, it should indicate the method for making the required information available, such as its inclusion on a free- access website, product passport or product label. Information requirements are necessary to lead tohave the potential to become an important tool to achieve the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. By providing a solid basis for, as long as the information in question remains meaningful and concise. An information overload should be avoided at all times. By requiring that concise and meaningful information be provided to purchasers and public authorities to compare products on the basis of their environmental sustainability, information requirements are expected to drive consumers and public authorities towards more sustainable choices.
Amendment 177 #
2022/0095(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Where delegated acts include information requirements, they may in addition determine classes of performance in relation to one or more relevant product parameters, in order to facilitate comparison between products on the basis of that parameter. Classes of performance should enable differentiation of products based on their relative sustainability and could be used by both consumers and public authorities. As such, they are intended to drive the market towards more sustainable products, without compromising functionality.
Amendment 182 #
2022/0095(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Information on the presence of substances of concern in products is a keyn important element to identify and promote products that are sustainable. The chemical composition of products determines largely their functionalities and impacts, as well as the possibilities for their re-use or for recovery once they become waste. The Chemicals Strategy for Sustainability64 calls for minimising the presence of substances of concern in products, and ensuring the availability of information on chemical content and safe use, by introducing information requirements and tracking the presence of substances of concern throughout the life cycle of materials and products. Regulation (EC) No 1272/2008 of the European Parliament and of the Council65 and other existing chemicals legislation such as Regulation (EC) No 1223/2009 already ensure communication on hazards to health or the environment posed by certain substances of concern on their own or in a mixture. Users of substances and mixtures should also be informed about pertinent sustainability- related information not primarily related to hazards to health or the environment. Furthermore, users of products other than substances or mixtures, and managers of waste from such products, should also receive relevant sustainability-related information, including information primarily related to chemicals’ hazards to health or the environment. Therefore, this Regulation should allow for the setting of requirements related to the tracking and communication of sustainability information, including the presence of relevant substances of concern in products throughout their life cycle, including with a view to their decontamination and recovery when they become waste. Such a framework should aim to progressively cover all substances of concern in all products listed in working plans setting out the product groups the Commission intends to tackleInformation requirements should only require actors to deliver data once. An obligation to provide information should not be understood as an obligation to disclose trade secrets. __________________ 64 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. 65 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).
Amendment 225 #
2022/0095(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) To dis-incentivise the destruction of unsold consumer products and to further generate data on the occurrence of this practice, this Regulation should introduce a transparency obligation for economic operators holding consumer products in the Union, requiring them to disclose information on the number of unsold consumer products discarded per year. The economic operator falling under the scope of Directive 2013/34/EU should indicate the product type or category, the reasons for their discarding and their delivery for subsequent waste treatment operations. While economic operators should be free to determine how to disclose that information in a manner appropriate to their business environment, it should be considered a best practice to include the required information in a publicly available non-financial statement drafted in accordance with Article 19a of Directive 2013/34/EU of the European Parliament and of the Council71 where applicable. Based on the information gathered, the Commission should, where appropriate, submit a legislative proposal to Parliament and the Council with a view to introducing a ban on the destruction of goods. __________________ 71 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).
Amendment 227 #
2022/0095(COD)
Proposal for a regulation
Recital 48
Recital 48
Amendment 242 #
2022/0095(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) In order to allow for a better estimation of relevant products’ market penetration, to better inform studies feeding into the drafting or updating of ecodesign requirement and working plans, and to help identify the market share of specific product groups in order to speed up the formulation or review of ecodesign requirements, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by requiring the collection of adequate and reliable data on the sales of products, by allowing the collection of such data by or on behalf of the Commission directly from manufacturers or retailers. When adopting rules on monitoring and reporting, the Commission should take into account the need to maximise the available data on market penetration and the need to minimise the administrative burden for economic operators. SMEs should be exempted from the obligation to provide data on the sales of products. Before adopting a delegated act, the Commission should consult all relevant stakeholders, and explain why there are no alternative options for obtaining the same or similar data.
Amendment 243 #
2022/0095(COD)
Proposal for a regulation
Recital 64
Recital 64
Amendment 245 #
2022/0095(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) In order to ensure the effective and harmonised application of ecodesign requirements set under this Regulation, including on aspects such as energy use or efficiency, durability and reliability, and recycled content, compliance with those requirements should be measured using reliable, accurate and reproducible methods that take into account the generally recognised state-of- the-art methods. Delegated acts establishing ecodesign requirements for products should in principle include the specifications for tests, measurements or calculations needed to establish or verify compliance. In addition, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by requiring the use of online tools reflecting applicable calculation requirements, in order to ensure their harmonised application.
Amendment 252 #
2022/0095(COD)
Proposal for a regulation
Recital 88
Recital 88
Amendment 254 #
2022/0095(COD)
Proposal for a regulation
Recital 92
Recital 92
Amendment 270 #
2022/0095(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point f
Article 1 – paragraph 1 – subparagraph 1 – point f
Amendment 286 #
2022/0095(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
This Regulation also establishes a digital product passport (‘product passport’), and provides for the setting of mandatory green public procurement criteria and creates a framework to prevent unsold consumer products from being destroyed.
Amendment 292 #
2022/0095(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point g a (new)
Article 1 – paragraph 2 – point g a (new)
Amendment 297 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘product’ means any physical good that is placed on the market or put into servicecreated as a result of human activity;
Amendment 298 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘component’ means a product or spare part intended to be incorporated into another product;
Amendment 303 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘ecodesign’ means the integration of environmental sustainability considerationaspects into the characteristics of a product and the processes taking place throughout the product’s value chain;
Amendment 313 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘upgrading’ means enhancing the functionality, performance, capacity or aesthetics of a product;
Amendment 330 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘durability’ means the ability of a product to function as required, under specified conditions of use, maintenance and repair, until a limiting event prevents its functioningthe goods to maintain their required functions and performance through normal use;
Amendment 333 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 23
Article 2 – paragraph 1 – point 23
(23) ‘environmental footprint’ means a quantification of a product’'s environmental impacts, whether in relation to a single environmental impact category or an aggregated set of impact categoriesor product group's environmental impact including carbon, based on the Product Environmental Footprint method (PEF) or other standards;
Amendment 384 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point c
Article 2 – paragraph 1 – point 28 – point c
(c) negatively affects the sustainability, mainly the re-use and recycling of materials in the product in which it is present;
Amendment 393 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 29
Article 2 – paragraph 1 – point 29
(29) ‘(digital) product passport’ means a set of data specific to a product that includes the information specified in the applicable delegated act adopted pursuant to Article 4and/or product group and that is accessible via electronic means through a data carrier in accordance with Chapter III;
Amendment 404 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 37
Article 2 – paragraph 1 – point 37
(37) ‘unsold consumer product’ means any consumer product that has not been sold or that has been returned by a consumer who did not use the product and returns the product in view of their right of withdrawal in accordance with Article 9 of Directive (EU) 2011/83/EU;
Amendment 411 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 39
Article 2 – paragraph 1 – point 39
(39) ‘making available on the market’ means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge in Accordance with Regulation 2019/1020;
Amendment 423 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 46
Article 2 – paragraph 1 – point 46
(46) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the dealer and the fulfilment service providernatural or legal person responsible for ensuring that this Regulation is complied with at every stage of process that is under that person’s control;
Amendment 439 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 59 a (new)
Article 2 – paragraph 1 – point 59 a (new)
(59a) 'life cycle cost' is an approach the assesses the total cost of an asset over product's life cycle including initial capital, maintenance, distribution, operating and other costs.
Amendment 443 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 59 b (new)
Article 2 – paragraph 1 – point 59 b (new)
(59b) 'professional repairer' means an operator or undertaking which provides services of repair and professional maintenance.
Amendment 452 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
The definitions of ‘market surveillance’, ‘market surveillance authority’, ‘fulfilment service provider’, ‘online interface’, ‘corrective action’, ‘end-user’, ‘recall’, ‘withdrawal’, ‘customs authorities’ and, ‘release for free circulation’ , 'placing on the market' , 'manufacturer' , 'authorised representative' , 'importer' , 'distributor' , 'economic operator' in Article 3, points (3), (4), (11), (15), (16), (21), (22), (23), (24) and (25), of Regulation (EU) 2019/1020 shall also apply.
Amendment 460 #
2022/0095(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Member States shall not prohibit, restrict or impede the placing on the market or putting into service of products that comply with the performance requirements set out in delegated acts adopted pursuant to Article 4 for reasons of non- compliance with national performance requirements relating to product parameters referred to in Annex I covered by performance requirements included in such delegated acts.
Amendment 464 #
2022/0095(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 480 #
2022/0095(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) requiring manufacturers, their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available to the Commission or market surveillance authorities without request, in accordance with Article 30(3);
Amendment 484 #
2022/0095(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
Amendment 486 #
2022/0095(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
Amendment 488 #
2022/0095(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point d
Article 4 – paragraph 3 – point d
Amendment 494 #
2022/0095(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
Amendment 497 #
2022/0095(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
The requirements set out in the delegated acts shall respect business confidentiality, as well as the privacy of the consumer. The requirements shall not impose an obligation to disclose competitive sensitive information.
Amendment 498 #
2022/0095(COD)
Proposal for a regulation
Article 4 – paragraph 3 b (new)
Article 4 – paragraph 3 b (new)
The delegated acts referred to in this Article shall apply no sooner than 24 months after their adoption.
Amendment 499 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The Commission shall, as appropriate to the relevant product groups and with due consideration for all stages of their life cycle, for technical and economic feasibility as well as unique trade-offs between their characteristics, establish ecodesign requirements for consumer products to improve the following product aspects: assessed in combination considering possible interdependencies:
Amendment 504 #
Amendment 510 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) presence of substances of concern which are not already covered by other Union legislation;
Amendment 518 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point j
Article 5 – paragraph 1 – point j
Amendment 531 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point l
Article 5 – paragraph 1 – point l
(l) possibility of recovery of materialsrecyclability and ease of recycling;
Amendment 533 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point m
Article 5 – paragraph 1 – point m
(m) environmental impacts, and footprint including carbon and environmental footprint;
Amendment 544 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
However, where two or more product groups verifiably display technical similarities allowing a product aspect referred to in paragraph 1 to be improved based on a common requirement, ecodesign requirements may be established horizontally for those product groups.
Amendment 557 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point a – point i
Article 5 – paragraph 4 – point a – point i
(i) Union climate, environmental and energy efficiency priorities and other related Union priorities;
Amendment 581 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point a – point v a (new)
Article 5 – paragraph 4 – point a – point v a (new)
(va) the Commission’s Better Regulation Guidelines;
Amendment 582 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point a – point v b (new)
Article 5 – paragraph 4 – point a – point v b (new)
(vb) include the feedback from stakeholders, in particular SMEs and consumer organisations
Amendment 593 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Ecodesign requirements shall ensure harmonisation with existing Union law, and avoid duplication or overlaps of regulation.
Amendment 596 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point a a (new)
Article 5 – paragraph 5 – point a a (new)
(aa) there shall not be a disproportional effect on the price of the product and there shall not be a disproportionate effect on the ability of the consumer to acquire the product.
Amendment 597 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point c
Article 5 – paragraph 5 – point c
(c) there shall be no significant negative impact on consumers in terms of the affordability of relevant products, also taking into account access to second-hand products, durability and the life cycle cost of products;
Amendment 605 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point d
Article 5 – paragraph 5 – point d
(d) there shall be no disproportionate negative impact on the competitiveness of economic actors, at leastin particular of SMEs;
Amendment 650 #
2022/0095(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b – paragraph 1 – point ii
Article 7 – paragraph 2 – point b – paragraph 1 – point ii
(ii) meaningful information for consumers and other end-users on how to install, use, maintain and repair the product in order to minimise its impact on the environment and to ensure optimum durability, as well as on how to return or dispose of the product at end-of-life;
Amendment 671 #
2022/0095(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – introductory part
Article 7 – paragraph 5 – subparagraph 1 – introductory part
The information requirements referred to in paragraph 1 shall enable the tracking of allrelevant substances of concern throughout the life cycle of products, unless such tracking is already enabled by another delegated act adopted pursuant to Article 4 covering the products concern, including the threshold, to be defined for a specific product group pursuant to a consultation in the ecodesign forum, throughout the life cycle of products, unless such tracking is already enabled, and shall include at least the following:
Amendment 683 #
2022/0095(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – point a
Article 7 – paragraph 5 – subparagraph 1 – point a
(a) where relevant, the name of the substances of concern present in the product;
Amendment 685 #
2022/0095(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – point b
Article 7 – paragraph 5 – subparagraph 1 – point b
(b) where relevant, the location of the substances of concern within the product;
Amendment 694 #
2022/0095(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1 – point e
Article 7 – paragraph 5 – subparagraph 1 – point e
(e) information relevant for disassembly, dismantling, recycling, other forms of recovery and final disposal.
Amendment 701 #
2022/0095(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point a
Article 7 – paragraph 5 – subparagraph 2 – point a
(a) establish which substances fall under the definition in Article 2(28), point (c), and are relevant for the purposes of the product groups covered; this relevance evaluation should be based on consultations in the ecodesign forum;
Amendment 706 #
2022/0095(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point b
Article 7 – paragraph 5 – subparagraph 2 – point b
(b) lay down deadlines for the entry into application of the information requirements, in a phased approach referred to in the first subparagraph, with possible differentiation between substances; and
Amendment 710 #
2022/0095(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2 – point c
Article 7 – paragraph 5 – subparagraph 2 – point c
(c) where applicable provide exemptions for substances of concern or information elements from the information requirements referred to in the first subparagraph.
Amendment 734 #
2022/0095(COD)
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 3
Article 7 – paragraph 6 – subparagraph 3
Information ensuring the traceability of substances pursuant to paragraph 5 shall be given either on the product or be accessible through a data carrier included on the product. If the information is available in digital format a digital provision of said information should be prioritised.
Amendment 741 #
2022/0095(COD)
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7a. Any supplier of an article, a substance or a mixture shall provide the recipient of the article, substance of mixture with sufficient information, free of charge, to allow the manufacturers to comply with information requirements related to the product aspects listed in Article 5(1), as laid down in the delegated acts adopted pursuant to Article 4. If the recipient of the article, substance or mixture is not the manufacturer, the recipient shall ensure that the information referred to the first sub-paragraph is communicated to the manufacturer.
Amendment 748 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) the information to be included in the product passport pursuant to Annex III while respecting confidentiality and relevant intellectual property rights;
Amendment 751 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
(e) the manner in which the non- confidential information contained in the product passport shall be made accessible to customers before they are bound by a sales contract, including in case of distance selling;
Amendment 775 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point h a (new)
Article 8 – paragraph 2 – point h a (new)
(ha) the form of communication between suppliers and recipients of an article, a mixture or a substance and manufacturers in accordance with Article 7 (8).
Amendment 785 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) ensure that all relevant actors along the value chain, in particular consumers, economic operators, among which SMEs, and competent national authorities, can access product information relevant to them;
Amendment 787 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point a a (new)
Article 8 – paragraph 3 – point a a (new)
(aa) protect confidential business information and comply with requirement (b) of paragraph 3, in accordance with the interests of the party concerned.
Amendment 797 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(ca) be justified to ensure free movement in the internal market;
Amendment 821 #
2022/0095(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point d
Article 9 – paragraph 1 – subparagraph 1 – point d
(d) all information included in the product passport shall be based on open, standards, developed with an inter-operable format and shall be machine-readable, structured, and searchable, in accordance with the essential requirements set out in Article 10 and respecting trade secret information;
Amendment 852 #
2022/0095(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point f
Article 10 – paragraph 1 – point f
(f) the rights to access and to introduce, modify or update information in product passport shall be restricted based on the access rights specified in delegated acts adopted pursuant to Article 4 with the emphasis on trade secrets and protection on intellectual property;
Amendment 868 #
2022/0095(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. For energy-related products, where information on a relevant product parameter, including on classes of performance referred to in Article 7(4), cannot be incorporated in the energy label established pursuant to Regulation (EU) 2017/1369, the Commission, after assessing the best way to communicate about this particular information, may, if appropriate, require the establishment of a label in accordance with this Regulation instead.
Amendment 875 #
2022/0095(COD)
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. When prioritising products to be covered by ecodesign requirements in accordance with the goal of this Regulation, the Commission shall take into account their potential contribution to achieving Union climate, environmental and energy efficiencenergy efficiency and circular economy objectives, as well as the following criteria:
Amendment 877 #
2022/0095(COD)
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. When prioritising products to be covered by ecodesign requirements in accordance with the goal of this Regulation, the Commission shall take into account their potential contribution to achieving Union climate, environmental and energy efficiencenergy efficiency and circular economy objectives, as well as the following criteria:
Amendment 883 #
2022/0095(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) the distribution of the environmental impacts, energy use and waste generation across the value chain and the whole life-cycle of the product, in particular whether they take place within the Union;
Amendment 906 #
2022/0095(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission shall ensure that when it conducts its activities, it observes a balanced participation of Member States’ representatives and all relevant interested parties involved with the product or product group in question, such as industry, including SMEs and craft, craft and recycling industry, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations. These parties shall contribute in particular to preparing ecodesign requirements, examining the effectiveness of the established market surveillance mechanisms and assessing self-regulation measures.
Amendment 911 #
2022/0095(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
To that end, the Commission shall establish an expert group, in which those parties shall meet on a regular basis, referred to as the ‘Ecodesign Forum’.
Amendment 914 #
2022/0095(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
The Commission shall ensure that: (a) an appropriate timeframe is set for consultations; (b) the tasks are carried out in a transparent manner.
Amendment 920 #
2022/0095(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – introductory part
Article 18 – paragraph 3 – subparagraph 1 – introductory part
The Commission shall assess in a timely manner the proposed self-regulation measure, and, where necessary, shall seek scientific advice from Union decentralised agencies. On the basis of that assessment, it shall establish whether it is a valid alternative to a delegated act adopted pursuant to Article 4 where the following criteria are fulfilled:
Amendment 924 #
2022/0095(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – point b
Article 18 – paragraph 3 – subparagraph 1 – point b
(b) the market share in terms of volume of the signatories to the self-regulation measure in relation to the products covered by that measure is at least 850 % of units placed on the market or put into service;
Amendment 929 #
2022/0095(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The Commission may at any point in timein substantiated cases request the signatories of a self- regulation measure to submit a revised and updated version of that measure in view of relevant market or technological developments within the product group concerned or where it has justified reason to believe that the criteria set out in paragraph 3 are no longer fulfilled. The signatories of a self- regulation measure are obliged to respond without unnecessary delay.
Amendment 932 #
2022/0095(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Once a self-regulation measure has been listed in an implementing act adopted pursuant to paragraph 3, second subparagraph, the signatories of that measure shall report to the Commission, at regular intervals set out in that implementing act of once a year, on the progress towards achieving the objectives of the self- regulation measures and to demonstrate that the criteria set in paragraph 3, points (a) to (e), remain fulfilled. Those reports shall also be made available on a publicly accessible website within one month from the date of transmission of the report to the Commission at the latest.
Amendment 934 #
2022/0095(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. Where the Commission considers, based on information received pursuant to paragraphs 4 or 5, that a self-regulation measure no longer fulfils the criteria set out in paragraph 3, it shall delete it from the list referred to in that paragraph. In such cases, the Commission may decide to adopt ecodesign requirements applicable to the product covered by that self- regulation measure with effect from the first day of the following calendar year.
Amendment 938 #
2022/0095(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. When adopting delegated acts pursuant to Article 4 the Commission shall, where appropriate, accompany those acts with guidelines covering specificities of SMEs active in the product or product group sector affected for facilitating the application of this Regulation by SMEs. In exceptional cases, where specific guidelines for SMEs would not be appropriate, the Commission shall explain in detail why that is the case. That explanation shall be published after consulting all relevant stakeholders, in particular representatives of SMEs.
Amendment 951 #
Amendment 1041 #
2022/0095(COD)
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point b
Article 31 – paragraph 2 – subparagraph 1 – point b
(b) the technical feasibility of recording and transmitting in-use data;
Amendment 1042 #
2022/0095(COD)
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point b a (new)
Article 31 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) the feasibility of anonymisation and the risk of re-identification;
Amendment 1043 #
2022/0095(COD)
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point c
Article 31 – paragraph 2 – subparagraph 1 – point c
(c) the need to avoid disproportionate administrative burden for economic operators, in particular SMEs.
Amendment 1044 #
2022/0095(COD)
Proposal for a regulation
Article 31 – paragraph 3 – subparagraph 1 – point b
Article 31 – paragraph 3 – subparagraph 1 – point b
(b) the need to avoid disproportionate administrative burden for economic operators, in particular SMEs.
Amendment 1056 #
2022/0095(COD)
Proposal for a regulation
Article 57
Article 57
Amendment 1062 #
2022/0095(COD)
Proposal for a regulation
Article 58
Article 58
Amendment 1085 #
2022/0095(COD)
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
No soonlater than [83 years after the date of application of this Regulation] and every two years thereafter, the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products. The Commission shall present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions and make it publicly available. The report shall be accompanied by a summary targeted at the general public. Member States shall provide the Commission with the information necessary for the preparation of that report. The report shall, in particular, focus on the impact of this Regulation on SMEs, the capacity for innovation within the Union, as well as the effects of this Regulation on consumers, in particular those with a lower or middle income.
Amendment 1108 #
2022/0095(COD)
Proposal for a regulation
Annex I – paragraph 1 – point h
Annex I – paragraph 1 – point h
Amendment 97 #
2022/0051(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In its Communication on a Strong Social Europe for Just Transition75 , the Commission committed to upgrading Europe’s social market economy to achieve a just transition to sustainability. This Directive will also contribute to the European Pillar of Social Rights, which promotes rights ensuring fair working conditions. It forms part of the EU policies and strategies relating to the promotion of decent work worldwide, including in global valuesupply chains, as referred to in the Commission Communication on decent work worldwide76 . __________________ 75 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – A Strong Social Europe for Just Transitions (COM/2020/14 final). 76 Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on decent work worldwide for a global just transition and a sustainable recovery, COM(2022) 66 final.
Amendment 103 #
2022/0051(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Existing international standards on responsible business conduct specify that companies should protect human rights and set out how they should address the protection of the environment across their operations and value chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships to the extent possible. __________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
Amendment 110 #
2022/0051(COD)
Proposal for a directive
Recital 8
Recital 8
(8) International agreements under the United Nations Framework Convention on Climate Change, to which the Union and the Member States are parties, such as the Paris Agreement84 and the recent Glasgow Climate Pact85 , set out precise avenues to address climate change and keep global warming withina temperature goal of holding the increase in the global average temperature to well below 2 °C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5 °C degrees.above pre-industrial levels; Besides specific actions being expected from all signatory Parties, the role of the private sector, in particular its investment strategies, is considered central to achieve these objectives. __________________ 84 https://unfccc.int/files/essential_backgroun d/convention/application/pdf/english_paris _agreement.pdf. 85 Glasgow Climate Pact, adopted on 13 November 2021 at COP26 in Glasgow, https://unfccc.int/sites/default/files/resourc e/cma2021_L16_adv.pdf.https://unfccc.int /sites/default/files/resource/cma2021_L16 _adv.pdf.
Amendment 112 #
2022/0051(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In the European Climate Law86 , the Union also legally committed to becoming climate-neutral by 2050 and to reducing net emissions by at least 55% by 2030 compared to 1990 levels. Both these commitments require changing the way in which companies produce and procure. The Commission’s 2030 Climate Target Plan87 models various degrees of emission reductions required from different economic sectors, though all need to see considerable reductions under all scenarios for the Union to meet its climate objectives. The Plan also underlines that “changes in corporate governance rules and practices, including on sustainable finance, will make company owners and managers prioritise sustainability objectives in their actions and strategies.” The 2019 Communication on the European Green Deal88 sets out that all Union actions and policies should pull together to help the Union achieve a successful and just transition towards a sustainable future. It also sets out that sustainability should be further embedded into the corporate governance framework. __________________ 86 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’) PE/27/2021/REV/1 (OJ L 243, 9.7.2021, p. 1). 87 SWD/2020/176 final. 88 COM/2019/640 final.
Amendment 118 #
2022/0051(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The European Parliament, in its resolution of 10 March 2021 calls upon the Commission to propose Union rules for a comprehensive corporate due diligence obligation, it also stressed that it is the responsibility of states and governments to protect human rights and the environment, and this responsibility should not be transferred to private actors100 . The Council Conclusions on Human Rights and Decent Work in Global Supply Chains of 1 December 2020 called upon the Commission to table a proposal for a Union legal framework on sustainable corporate governance, including cross- sector corporate due diligence obligations along global supply chains.101 The European Parliament also calls for clarifying directors` duties in its own initiative report adopted on 2 December 2020 on sustainable corporate governance. In their Joint Declaration on EU Legislative Priorities for 2022102 , the European Parliament, the Council of the European Union and the Commission have committed, to deliver on an economy that works for people, and to improve the regulatory framework on sustainable corporate governance. __________________ 100 European Parliament resolution of 10 March 2021 with recommendations to the Commission on corporate due diligence and corporate accountability (2020/2129(INL)), P9_TA(2021)0073, available at https://oeil.secure.europarl.europa.eu/oeil/p opups/ficheprocedure.do?lang=en&referen ce=2020/2129(INL). 101 Council Conclusions on Human Rights and Decent Work in Global Supply Chains, 1 December 2020 (13512/20). 102 Joint declaration of the European Parliament, the Council of the European Union and the European Commission on EU Legislative Priorities for 2022, available at https://ec.europa.eu/info/sites/default/files/j oint_declaration_2022.pdf.
Amendment 140 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their valuesupply chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to establishedshould cover business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the value chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that companyrelationships which are relevant, based on the risk and severity of adverse impacts associated therewith.
Amendment 143 #
2022/0051(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Under this Directive, EU companies with more than 500 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 250 employees on average and more than EUR 450 million worldwide net turnover in the financial year preceding the last financial year and which operate in one or more high-impact sectors, due diligence should apply 24 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, companies operating in such high- impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103 , should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. __________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
Amendment 154 #
2022/0051(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to achieve fully the objectives of this Directive addressing human rights and adverse environmental impacts with respect to companies’ operations, subsidiaries and valuesupply chains, third-country companies with significant operations in the EU should also be covered. More specifically, the Directive should apply to third-country companies which generated a net turnover of at least EUR 150 million in the Union in the financial year preceding the last financial year or a net turnover of more than EUR 450 million but less than EUR 150 million in the financial year preceding the last financial year in one or more of the high- impact sectors, as of 24 years after the end of the transposition period of this Directive.
Amendment 187 #
2022/0051(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Under the due diligence obligations set out by this Directive, if a company identifies actual human rights or environmental adverse impacts, it should take appropriate measures to bring those to an end. It can be expected that a company is able to bring to an end actual adverse impacts in their own operations and in subsidiaries. However, it should be clarified that, as regards established business relationships, where adverse impacts cannot be brought to an end, companies should minimise the extent of such impacts. Minimisation of the extent of adverse impacts should require an outcome that is the closest possible to bringing the adverse impact to an end. To provide companies with legal clarity and certainty, this Directive should define which actions companies should be required to take for bringing actual human rights and environmental adverse impacts to an end and minimisation of their extent, where relevant depending on the circumstances.
Amendment 206 #
2022/0051(COD)
Proposal for a directive
Recital 50
Recital 50
(50) In order to ensure that this Directive effectively contributes to combating climate change, companies should adopt a plan to ensure that the business model and strategy of the company are compatible with the transition to a sustainable economy and with the limiting of global warming to well below 2 °C aiming at 1.5 °C in line with the Paris Agreement. In case climate is or should have been identified as a principal risk for or a principal impact of the company’s operations, the company should include emissions reduction objectives in its plan.
Amendment 241 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impacts, with respect to their own operations, the operations of their subsidiaries, and the value chain operations carried out by entities with whom the company has an established business relationship and
Amendment 246 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 250 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not constitute grounds for reducing the level of protection of human rights or of protection of the environment or the protection of the climate provided for by the law of Member States at the time of the adoption of this Directive. Subsequent to the adoption of this Directive, Member States shall not introduce in their national law provisions that create obligations diverging from those laid down in this Directive. If Members States have already laws in place that contains diverging from those laid down in this Directive they shall adapt the aforementioned laws.
Amendment 268 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
Article 2 – paragraph 1 – point b – introductory part
(b) the company did not reach the thresholds under point (a), but had more than 250 employees on average and had a net worldwide turnover of more than EUR 450 million in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this net turnoverEUR 25 million was generated in one or more of the following sectors associated with the applicable statistical classification of economic activities established by Regulation (EC) No 1893/2006 and listed in its Annex II:
Amendment 289 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) generated a net worldwide turnover of more than EUR 150 million300 million, provided that at least EUR 150 million was generated in the Union in the financial year preceding the last financial year;
Amendment 296 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) generated a net worldwide turnover of more than EUR 450 million but not more than EUR 15300 million in the Union in the financial year preceding the last financial year, provided that at least 50% of itsEUR 25 million was generated in the Union and at least 25 million of the net worldwide turnover was generated in one or more of the sectors listed in paragraph 1, point (b).
Amendment 299 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. For the purposes of paragraph 1, the number of part-time employees shall be calculated on aas the sum of their combined full-time equivalent basis. Temporary agency workers shall be included in the calculation of the number of employees in the same way as if they were workers employed directly for the same period of time by the company.
Amendment 302 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 9
Article 3 – paragraph 1 – point a – point iv – indent 9
Amendment 303 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 10
Article 3 – paragraph 1 – point a – point iv – indent 10
Amendment 329 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a business relationship, whether direct or indirect, which is, or which is expected to be lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the value chain relevant based on the severity and likelihood of adverse impacts associated therewith;
Amendment 339 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related upstream activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘valuesupply chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The valuesupply chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
Amendment 353 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) ‘'small and medium-sized enterprise' or 'SME’' means a micro, small or a medium-sized enterprise, irrespective of its legal form, that is not part of a large group, as those terms are defined in Article 3(1), (2), (3) and (7) of Directive 2013/34/EU; within the meaning of the Annex to Commission Recommendation 2003/361/EC128a __________________ 128a 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).
Amendment 366 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q a (new)
Article 3 – paragraph 1 – point q a (new)
(qa) ‘parent company’ means a company which controls one or more subsidiaries within the meaning of point (d);
Amendment 367 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q b (new)
Article 3 – paragraph 1 – point q b (new)
(qb) ‘group of companies’ means a parent company and all its subsidiaries;
Amendment 378 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall ensure that a company or other legal entity shall not be obliged to disclose to its business partner which is complying with the obligations resulting from this Directive, information that is deemed to be a trade secret as defined in Article 2(1) of Directive (EU) 2016/943 of the European Parliament and of the Council.
Amendment 380 #
2022/0051(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Amendment 383 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that companies integrate due diligence into all their corporate policies and have in place a due diligence policy. The due diligence policy shall contain all of the following:
Amendment 395 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the companies update their due diligence policy bi-annually.
Amendment 396 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall lay down rules to ensure that administrative, management or supervisory bodies of the companies referred to in Article 2(1) put in place and oversee the due diligence actions referred to in Article 4 and in particular the due diligence policy referred to in this Article, with due consideration for relevant input from stakeholders.
Amendment 405 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their established business relationships, in accordance with paragraph 2, 3 and 4.
Amendment 407 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. For the purpose of fulfilling the obligation in paragraph 1, companies may map all areas of their own operations, those of their subsidiaries and, where related to their value chains, those of their established business partners. Based on the results of that mapping, companies may carry out an in-depth assessment of the areas where adverse impacts were identified to be most likely present or most significant.
Amendment 418 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. When companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial services, identification of actual and potential adverse human rights impacts and adverse environmental impacts shall be carried out only before providing that service..
Amendment 429 #
2022/0051(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a Prioritisation of identified actual and potential adverse impacts 1. Member States shall ensure that companies are allowed to prioritise adverse impacts arising from their own operations, those of their subsidiaries or those of their established business partners identified pursuant to Article 6 for fulfilling the obligations laid down in Articles 7 or 8, where it is not feasible to address all identified adverse impacts at the same time to the full extent. 2. The prioritisation of adverse impacts shall be based on severity and likelihood of the adverse impact. Severity of an adverse impact shall be assessed based on its gravity, the number of persons or the extent of the environment affected, its irreversibility, and difficulty to restore the situation prevailing prior to the impact. 3. Once the most significant adverse impacts are addressed in accordance with Articles 7 or 8 in a reasonable time, the company shall address less significant adverse impacts.
Amendment 454 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
Amendment 486 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. By way of derogation from paragraph 5, the company shall not be required to terminate the business relationship in case where: (a) there is a reasonable expectation that the termination would result in an adverse impact that is more severe than the potential adverse impact that could not be prevented or adequately mitigated, or (b) no available alternative to that business relationship, that provides a raw material, product or service essential to the company’s production of goods or provision of services, exists and the termination would cause substantial prejudice to the company. Where the company decides not to terminate the business relationship in accordance with subparagraph 1, it shall report to the competent supervisory authority about the duly justified reasons of this decision. The company shall monitor the potential adverse impact, periodically reassess its decision not to terminate the business relationship and seek alternative business relationships.
Amendment 490 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 6 b (new)
Article 7 – paragraph 6 b (new)
6b. The obligation to temporarily suspend or terminate the business relationship pursuant to paragraph 5 shall not apply to commercial agreements concluded by the company before the expiry of the transposition period in accordance with Article 30 of this Directive.
Amendment 498 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact;
Amendment 513 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
(e) provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the corrective action plan would jeopardise the viability of the SME;
Amendment 538 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 7 a (new)
Article 8 – paragraph 7 a (new)
7a. By way of derogation from paragraph 6, the company shall not be required to terminate the business relationship in case where: (a) there is a reasonable expectation that the termination would result in an adverse impact that is more severe than the actual adverse impact that could not be brought to an end or minimised, or (b) no available alternative to that business relationship, that provides a raw material, product or service essential to the company’s production of goods or provision of services, exists and the termination would cause substantial prejudice to the company. Where the company decides not to terminate the business relationship in accordance with subparagraph 1, it shall report to the competent supervisory authority about the duly justified reasons of this decision. The company shall monitor the actual adverse impact, periodically reassess its decision not to terminate the business relationship and seek alternative business relationships.
Amendment 542 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 7 b (new)
Article 8 – paragraph 7 b (new)
7b. The obligation to temporarily suspend or terminate the business relationship pursuant to paragraph 6 shall not apply to commercial agreements concluded by the company before the expiry of the transposition period in accordance with Article 30 of this Directive.
Amendment 571 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) civil society organisations directly active in the areas related to the value chain concerned.
Amendment 587 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Member States shall ensure that companies are allowed to fulfil the obligations laid down in paragraphs 1 and 3, first subparagraph, by participation in collaborative complaints procedures, including those established jointly by companies, through industry associations or multi-stakeholders initiatives, provided that the collective procedures meet the requirements set out in this Article.
Amendment 597 #
2022/0051(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
By way of derogation from paragraph 1, companies referred to in Article 3, point (a)(iv) shall in respect to established business relationships, where related to their value chain, carry out periodic assessments only to monitor the effectiveness of the prevention, mitigation, bringing to an end and minimisation of the extent of adverse impacts identified in accordance with Article 6(3).
Amendment 601 #
2022/0051(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that companies that are not subject to reporting requirements under Articles 19a and 29a of Directive 2013/34/EU report on the matters covered by this Directive by publishing on their website an annual statement in a language customary in the sphere of international business. The statement shall be published by 30 April each year, covering the previous calendar year which shall not exceed 12 months after the balance sheet date of the financial year for which the statement is drawn up.
Amendment 619 #
2022/0051(COD)
Proposal for a directive
Article 15
Article 15
Amendment 630 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that companies referred to in Article 2(1), point (a), and Article 2(2), point (a), shall adopt a plan to ensure that the business model and strategy of the company are compatible with the transition to a sustainable economy and with the limiting of global warming to well below 2 °C, and aiming at 1.5 °C in line with the Paris Agreement. This plan shall, in particular, identify, on the basis of information reasonably available to the company, the extent to which climate change is a risk for, or an impact of, the company’s operations.
Amendment 650 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 667 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Inspections shall be conducted in compliance with the national law of the Member State in which the inspection is carried out and with prior warning to the company, except where prior notification hinders the effectiveness of the inspection. , when necessary and in accordance with the national law of the Member State, prior warning to the company. Where, as part of its investigation, a supervisory authority wishes to carry out an inspection on the territory of a Member State other than its own, it shall seek assistance from the supervisory authority in that Member State pursuant to Article 21(2).
Amendment 668 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 4 – subparagraph 2
Article 18 – paragraph 4 – subparagraph 2
Amendment 671 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 5 – point b
Article 18 – paragraph 5 – point b
Amendment 676 #
2022/0051(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that natural and legal persons having, in accordance with national law, a legitimate interest in the matter are entitled to submit substantiated concerns to any supervisory authority when they have reasons to believe, on the basis of objective circumstances, that a company is failing to comply with the national provisions adopted pursuant to this Directive (‘substantiated concerns’).
Amendment 724 #
2022/0051(COD)
Proposal for a directive
Article 24
Article 24
Amendment 736 #
2022/0051(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 750 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
No later than … [OP please insert the date = 74 years after the date of entry into force of this Directive], the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive. The report shall evaluate the effectiveness of this Directive in reaching its objectives and assess the following issues:
Amendment 753 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) whether the thresholds regarding the number of employees and net turnover laid down in Article 2(1) need to be loweradjusted;
Amendment 764 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point d a (new)
Article 29 – paragraph 1 – point d a (new)
(da) the effectiveness of this Directive in relation to the additional burden put on affects entities, especially SMEs.
Amendment 765 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point d b (new)
Article 29 – paragraph 1 – point d b (new)
(db) potential overlap with other relevant legislation, including Directive of the European Parliament and of the Council amending Directive 2013/34/EU, Directive 2004/109/EC, Directive 2006/43/EC and Regulation (EU) No 537/2014, as regards corporate sustainability reporting, and Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups.
Amendment 769 #
2022/0051(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point a
Article 30 – paragraph 1 – subparagraph 2 – point a
(a) from… [OJ to insert: 24 years from the entry into force of this Directive] as regards companies referred to in Article 2(1), point (a), and Article 2(2), point (a);
Amendment 773 #
2022/0051(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point b
Article 30 – paragraph 1 – subparagraph 2 – point b
(b) from … [OJ to insert: 46 years from the entry into force of this Directive] as regards companies referred to in Article 2(1), point (b), and Article 2(2), point (b).
Amendment 778 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – point 2
Annex I – Part I – point 2
2. Violation of the right to life, liberty and security of a person in accordance with Article 3 of the Universal Declaration on Human rights;
Amendment 779 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – point 4
Annex I – Part I – point 4
4. Violation of the right to liberty and securitynot to be subjected arbitrary arrest, detention or exile in accordance with Article 9 of the Universal Declaration of Human Rights;
Amendment 780 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – point 5
Annex I – Part I – point 5
5. Violation of the prohibition of arbitrary or unlawful interference with a person's privacy, family, home or correspondence and attacks on their reputation, in accordance with Article 17 of the Universal Declaration of HumanInternational Covenant on Civil and Political Rights;
Amendment 9 #
2021/2199(INI)
Motion for a resolution
Citation 37 b (new)
Citation 37 b (new)
— having regard to the Helsinki Final Act of 1975 of the Organisation for Security and Cooperation in Europe (OSCE),
Amendment 19 #
2021/2199(INI)
Motion for a resolution
Citation 50
Citation 50
— having regard to its previous resolutions on Russia, especially those related to Russia’s actions in the territories of the EaP countries, violations of the rights of the Crimean Tatars, the occupation of parts of the territory of Georgia and Ukraine and related borderisation activities, ands well as hostile propaganda and disinformation against the EU and the EaP countries,
Amendment 56 #
2021/2199(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the EU-US Security Dialogue represents an important opportunity to maximize the added value of transatlantic relations in security and defence and should dedicate ample time and resources to improving the security environment in the EaP region;
Amendment 60 #
2021/2199(INI)
Motion for a resolution
Recital E
Recital E
E. whereas President Putin’s Russia has engaged in continuous hybrid warfare against EaP countries, backed by the ever- present threat of force across the region, armed aggression, illegal occupation and attempted annexation against Ukraine, to keep states politically off-balance and tied to Moscow’s self-declared sphere of influence, effectively removing the right of EaP countries to choose their own alliances in contravention of the relevant OSCE principles enshrined in the Helsinki Final Act of 1975 the Paris Charter of 1990 as well as the Istanbul (1999) and Astana (2010) documents;
Amendment 67 #
2021/2199(INI)
Motion for a resolution
Recital F
Recital F
F. whereas in September 2021, Russia’s joint ZAPAD military exercise with Belarus and several other countries in the Russia-led Collective Security Treaty Organisation (CSTO) comprised as many as 200 000 troops training in counterinsurgency, urban warfare and cyber-attacks in a non-transparent display of force, while the upcoming joint Russia- Belarus 'Allied Resolve' military exercises, demonstrated that Russia’s gap in military capabilities is rapidly closing while its aim of deepening its political and military relations with CSTO countries is rising;
Amendment 119 #
2021/2199(INI)
Motion for a resolution
Recital J
Recital J
J. whereas following the electoral unrest, Belarus has largely abandoned its aim of fostering better relations with the EU, having reversed trends towards democratisation and taken to weaponising refugeemigrants in an attempt to uproot domestic aspirations towards liberalisation and destabilise EU Member States;
Amendment 153 #
2021/2199(INI)
Motion for a resolution
Recital O
Recital O
O. whereas hybrid threats in the years to come will see the systematic combination of information warfare, agile force manoeuvre, mass cyber warfare and emerging and disruptive technologies from sea-bed to space with both advanced air- breathing and space–based surveillance and strike systems deployed, all of which will be enabled by advanced artificial intelligence (AI), quantum computing, increasingly ‘intelligent’ drone swarm technologies, offensive cyber capabilities, hypersonic missile systems, and Nano- tech and bio-warfare;;
Amendment 170 #
2021/2199(INI)
Motion for a resolution
Recital R
Recital R
R. whereas the CSDP will also require close coordination with NATO’s defence and deterrence posture and the Open Door Policy in addition to close EU-NATO coordination being needed to ensure coherence between the EU’s Strategic Compass and the next NATO Strategic Concept;
Amendment 173 #
2021/2199(INI)
Motion for a resolution
Recital T a (new)
Recital T a (new)
T a. whereas the mission has a further five priorities: national and state security, organised and cross-border crime, criminal justice, community safety and police management, and digital transformation and innovation;
Amendment 199 #
2021/2199(INI)
Motion for a resolution
Recital AA
Recital AA
AA. whereas flagrant violations of the sSix-point aAgreement and ceasefire by occupying forces arethe Russian Federation continues and is often met with limited responses or calls to action by Member States, or no response at all, which risks emboldening the occupying forcesRussian Federation to carry out more such actions;
Amendment 201 #
2021/2199(INI)
Motion for a resolution
Recital AA a (new)
Recital AA a (new)
AA a. whereas the mandate allows focusing on hybrid threats, human rights, radicalization, terrorism, minorities, and environmental aspects of security;
Amendment 238 #
2021/2199(INI)
Motion for a resolution
Recital AK b (new)
Recital AK b (new)
AK b. whereas the role of China in competing in the region for political, social and economic influence is growing in EaP countries where Chinese investment combines cheap loans that drive up debt-GDP ratios with the projected outcome being a default in EaP countries, leading to aggressive recompense, often in the form of ownership of strategic infrastructure and policy alignment;
Amendment 240 #
2021/2199(INI)
Motion for a resolution
Recital AK c (new)
Recital AK c (new)
AK c. whereas the influence of third countries in EaP countries, notably Iran, is largely concentrated in the South Caucasus where its longstanding cultural, religious, political and economic influence continues to grow, which risks undermining the security and stability of some EaP countries due to assassination attempts linked to Iranian IRGC operatives in Georgia and Azerbaijan, creating further concern for the EU’s efforts to promote security, stability and good neighbourliness among EaP countries;
Amendment 245 #
2021/2199(INI)
Motion for a resolution
Recital AL a (new)
Recital AL a (new)
AL a. whereas Nord Stream II represents an important tool for Russia to increase its political and economic leverage over Member States and EaP countries, likely to lead to further subversion and aggression towards EU’s EaP and CSDP policies;
Amendment 264 #
2021/2199(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the decision of the European Council of 2 December 2021 to utilise the European Peace Facility (EPF) in providing Ukraine with a package of EUR 31 million, Georgia with a package of EUR 12.75 million and Moldova with a package of EUR 7 million to assist in strengthening their resilience and defence capabilities, particularly cybersecurity, medical, engineering, mobile and logistics capabilities; encourages further utilisation of the EPF to increase the ability of EaP countries, particularly those hosting CSDP missions, in further addressing their security needs in key areas such as the equipment necessary to exchange intelligence via secure communication lines, particularly those EaP countries hosting CSDP mission and technical tools needed to counter hybrid threats;
Amendment 277 #
2021/2199(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Reaffirms its unwavering support to the EaP countries, and in particular for their independence, sovereignty and territorial integrity within their internationally recognised borders;
Amendment 347 #
2021/2199(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Invites Member States to reinforce cooperation with NATO, also through the upcoming EU-NATO joint declaJoint Declaration on EU-NATO cooperation, in supporting the defence and security capacity of our neighboubuilding of our partners toin the eEastern neighbourhood;
Amendment 440 #
2021/2199(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Declares the will of the European Parliament Committees on Foreign Affairs and its Subcommittee on Human Rights to participate in the A3’s and willing EU Member States’ parliamentary activity on monitoring the situation in the territories of the A3 illegally occupied by Russia (Abkhazia, South Ossetia, Transnistria, Crimea and Donbas);
Amendment 445 #
2021/2199(INI)
Motion for a resolution
Paragraph 25 d (new)
Paragraph 25 d (new)
25 d. Encourages Member States to further strengthen military resilience of Ukraine through provision of defence weapons to Ukraine, including anti-ship, anti-aircraft and anti-tank weapons;
Amendment 3 #
2021/2132(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that, following to the global COVID-19 pandemic, 2020 wasits relocation in 2019, the EMA had planned to resume full-scale activities in 2020; however, the COVID-19 outbreak forced a re- prioritisation of its operations to tackle the pandemic; stresses that 2020 was consequently an extremely challenging year for the EMA, requiring a shift in its priorities and extreme agility and resilience to maintain the EMA’s activities while supporting global efforts to combat the pandemic in a new and challenging environment;
Amendment 9 #
2021/2132(DEC)
Draft opinion
Paragraph 10
Paragraph 10
10. Welcomes the proposal to extend the EMA’s mandate but expresses concern that the addition of significant new tasks and its increasing workload over the years has not been accompanied by corresponding increases in the EMA's staff and resources, and that such a shortage of staff puts the continuity of its operations under significant pressure at an already critical time;
Amendment 14 #
2021/2132(DEC)
Draft opinion
Paragraph 14
Paragraph 14
14. Notes, in additiowith concern, that the Court identified irregularities in a catering and restaurant services framework contract, including a failure to verify that the amounts invoiced were correct;
Amendment 15 #
2021/2132(DEC)
Draft opinion
Paragraph 15
Paragraph 15
15. Notes with satisfaction that the EMA cooperates with other agencies, in particular with the European Centre for Disease Prevention and Control and with the European Food Safety Authority, including on the European Vaccination Information Portal and on antimicrobial, for monitoring vaccine safety and reporting side effects, as well as on antimicrobial consumption and resistance;
Amendment 8 #
2021/2128(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights that, in 2020, the Authority finalised 697 questions through scientific opinionutputs, technical reports and supporting publications, including external scientific and event reports;
Amendment 10 #
2021/2128(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that, in 2020, Parliament adopted nine objections to the import of genetically modified crops for food and feed; highlights that one reason for these objections are gaps in the risk assessment undertaken by the Authority's Panel on Genetically Modified Organisms; urges the Authority to address and close these gaps as a matter of urgency the EU’s risk assessment for genetically modified crops for food and feed is one of the strictest in the world, providing Member States and the public with many opportunities for input, and that products passing the Authority's independent safety assessment should have fair market access;
Amendment 18 #
2021/2128(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Invites the Commission to grant the Authority, in duly justified cases, the option of hiring contract agents in excess of the establishment plans, for a limited period of time and without exceeding the Authority’s agreed annual budget envelope; considers that such flexibility would speed up the reduction of the cumulated backlog of work that has arisenand the belated completion of ongoing dossiers owing to a lack of human resources;
Amendment 28 #
2021/2128(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes with satisfaction that the Authority is moving towards cutting-edge technologies, incorporating new approach methodologies in the risk management process and artificial intelligence to avoid animal testing methods;
Amendment 1 #
2021/2126(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the key role of the EEA in delivering quality data on the state of the environment, which becomes increasingly important in light of the huge challenges that the Union faces in tackling the climate change and biodiversity crisis and finding answers through the European Green Dealloss; welcomes that the EEA's opinion is being heard throughout the institutions of the Union and recommends that the scientific committee of the EEA play a key role in advising the Commission;
Amendment 4 #
2021/2126(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that in 2020, the EEA's total budget was EUR 63 229 066 (a 21,5% increase on 2019 although still below the 2018 figure), of which EUR 41 972 000 (representing an increase of 5,6 % compared to 2019) came from the general budget of the Union; notes that the EEA is expected to play a key role (monitoring, reporting and validating) in supporting the European Green Deal actions and the 8th General Union Environment Action Programme1 ; insists therefore that the staff budget for the EEA should be increased to meet these obligations; notes that any future cuts willcould conceivably have a negatively impact on the functioning of the EEA and the delivery of the European Green Deal; _________________ 1Proposal for a Decision of the European Parliament and of the Council on a General Union Environment Action Programme to 2030 (COM(2020)0652).
Amendment 8 #
2021/2126(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that, in 2020, the EEA provided assessments and briefings on topics such as biowaste management and treatment, biodegradable plastics, the emerging challenges of waste management in Europe, air quality and noise pollution, and how Europe will be affected by key climate hazards such as droughts, floods, forest fires and sea level rise during the 21st century and beyond;
Amendment 3 #
2021/2125(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the need to ensure that the Agency is able to fulfil its mandate in the long term; calls, in this regard, for the lack of predictability of the Agency’s budget income to be addressed; notes the declining trend in fee income and believes that a new stable financing model should be developed and introduced without unnecessary delays;
Amendment 6 #
2021/2125(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines the necessity of ensuring adequate staffing reflecting, in particular, the needs of the European Green Deal and the Union Chemicals Strategy for Sustainability, the Circular Economy Action Plan, the delivery of a toxic-free environment, and zero -pollution ambition in particular;and the eighth Environmental Action Programme.
Amendment 13 #
2021/2125(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. Notes that the Agency collaborates closely with other Union agencies, such as the European Food Safety Authority, the European Centre for Disease Prevention and Control and the European Medicines Agency, by means of memoranda of understanding to strengthen exchanges of information, better mutual understanding and, where appropriate, joint projects; underlines the importance of such an approach, in order to ensure that the work of each agency is consistent with that of the other agencies and to meet the requirements of sound financial management; welcomes the sharing of services and encourages cooperation among the Union agencies where and when possible;
Amendment 2 #
2021/2124(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Observes that the mission of the European Centre for Disease Prevention and Control (the 'Centre') is to identify, assess and communicate current and emerging threats to human health from communicable diseases; emphasises that the COVID-19 outbreak and subsequent pandemic in 2020 was the most serious public health event that the Centre has had to respond to since it became operational in 2005, and that supporting the Union's response to COVID-19 became its principal activity; notes, moreover, that the Centre started operating at Public Health Event (PHE) level 2, acute phase on 31 January 2020 and continued to operate in this phase for the remainder of the year;
Amendment 3 #
2021/2124(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes that the Centre gave assistance to Member States and the Commission with laboratory-related support and expanded testing, strengthening Member States' preparedness through the establishment of operational indicators and support in the assessment of health services surge capacity;
Amendment 4 #
2021/2124(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the 24 COVID-19 related risk assessments carried out by the Centre, the 159 COVID-19 formal scientific requests from the Commission and Members of the European Parliament, and the more than 100 formal scientific requests from Member States; furthermore notes that the number of downloads of rapid risk assessments increased by 1086 percent when compared with 2019 figures;
Amendment 10 #
2021/2106(DEC)
Draft opinion
Paragraph 11
Paragraph 11
11. Notes with concern the Court's findings in Special Report 18/2020: "The EU’s Emissions Trading System: free allocation of allowances need on the audit question “Did decisions on free Emissions Trading System allowances provide a reasonable basis to encourage the reduction of greenhouse gas emissions?” that while the use of free allocation was justified, better targeting" that of free allowances are not well targeted, tended to slow decarbonisation and that the Commission needs to update its procedure for targeting free allowances to reflect the Paris Agreemenwill enable multiple benefits for decarbonisation, public finances and the operation of the single market;
Amendment 12 #
2021/2106(DEC)
Draft opinion
Paragraph 12
Paragraph 12
12. Calls on the Commission to provide Parliament with an annual report setting out in detail the contribution of each budget item to the climate mainstreaming (at least 30 %) and the biodiversity (7,5 % as of 2024 and 10% in 2026 and in 2027) targets, in order to facilitate their monitoring; calls further on the Commission to report whether any budget item fails to respect the "do no significant harm" criterion as referred to in the Taxonomy Regulation;
Amendment 13 #
2021/2106(DEC)
Draft opinion
Paragraph 13
Paragraph 13
13. Reiterates its strong concern that the reservation on reputational, legal, financial and institutional grounds related to significant security risks identified in the maintenance and the operation of the Union Registry system of the EU Emissions Trading System, as reported in AARs since 2010 and as confirmed by the latest risk assessment exercise, is repeated in DG Climate Action’s 2020 AAR; notes that the most recent evaluation in 2019 continued to reveal residual risk levels which, combined with the rapid rise in the carbon price, has lead to threats outpacing the implementation rate of the security measures that DG CLIMA and DG DIGIT can sustain given their operating constraints and resource allocations; awaits the study on potential alternative and security-sustainable operating models for the Union Registry that is, expected in 2021, which will provide options to be considered to prevent future cyber-attacks;
Amendment 27 #
2021/2106(DEC)
Draft opinion
Paragraph 18
Paragraph 18
18. Notes with concern that, in its Special Report 15/2020 "Protection of wild pollinators in the EU —Commission initiatives have not borne fruit", the Court found that Union measures did not ensure thefully protection of wild pollinators and that Union pesticides legislation was a main cause of wild pollinator losfrom habitat loss, invasive alien species, and the use of pesticides and fertilisers, identifying gaps in some key policies and concluding that the EU Pollinators Initiative does not have the requisite tools and mechanisms to address these gaps;
Amendment 2 #
2021/2102(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regard to the NATO Climate Change and Security Action Plan,
Amendment 19 #
2021/2102(INI)
Motion for a resolution
Recital B
Recital B
B. whereas climate change and climate-related impacts, including environmental degradation, loss of biodiversity, deforestation and natural disasters are already threatening local, regional and international security, stability and peace; whereas climate change, which is predicted to accelerate in the medium and long term, has become an increasingly dominant risk multiplier and must be viewed as a new security challenge, together with hybrid and cyber threats;
Amendment 36 #
2021/2102(INI)
Motion for a resolution
Recital D
Recital D
Amendment 45 #
2021/2102(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the defence sector is not mentioned in the 2015 Paris Agreement, leaving it tois a competence of the member states, national governments to decide whether to include mitigation efforts by the defence sector in their national commitments towards the United Nations Framework Convention on Climate Change (UNFCCC) in their defence strategies;
Amendment 51 #
2021/2102(INI)
Motion for a resolution
Recital H
Recital H
H. whereas, due to the security effects of global warmingclimate change and climate-related impacts, climate security measures and their financing have to be understood as contributing to defence and security;
Amendment 63 #
2021/2102(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. UnderlinNotes that Article 21 of the TEU provides a strongcould potentially be an appropriate legal basis for making the Union’s external action and the common security and defence policy (CSDP) fit to meet the 21st century’s main challenges, of which climate change is a main driverincluding climate and climate-based factors; recalls that Article 21 of the TEU demands the following of the Union: ‘(c) preserve peace, prevent conflicts and strengthen international security; [...] (f) develop measures to preserve and improve the quality of the environment and the sustainable management of global natural resources...; [and] (g) assist populations, countries and regions confronting natural or man-made disasters’;
Amendment 68 #
2021/2102(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Strongly believNotes that military activities and technology have to contribute to the Union’s carbon neutrality targets in order to both contribute to the fight against climate change and increase mission security; underlines, in that regard, that the Union’s external action should work towards reduceing its own carbon footprint and its negative effects on natural resources and biodiversity to a minimum;
Amendment 77 #
2021/2102(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) to make sure that climate change is mainstreamthe effects of climate change and climate- related impacts are appropriately integrated in the Union’s external action; calls for climate-specific strategies, policies, procedures, measures and capabilities to be developed; calls on the VP/HR to make sure that the development of a Union policy on climate security and defence entails the implementation of a human security approach;
Amendment 86 #
2021/2102(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the importance of addressing the links between climate change, security and defence in the forthcoming Strategic Compass, with a view to identifying clear goals and concrete measures for Member States;
Amendment 90 #
2021/2102(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Roadmap and calls on the EEAS to ensure, together with the relevant Commission services and the EDA, the EDA and in close cooperation with member states, where appropriate, the comprehensive implementation of the three work strands – the operational dimension, capability development and partnerships; calls on the Member States to develop national structures in support of the objectives; urges all actors to treat this process as a priority and to develop and implement initiatives in line with the integrated approach; stressnotes the need to assess the environmental footprint of armed forces, as proposed in the Roadmap; urgescalls on the VP/HR to propose to the Member States an immediate action programme which consists of prioritised actions presented in the Roadmap which can be implemented in the short term; calls for the timeframes for reviewing the Roadmap to be reconsidered and, in particular, for the overall objectives to be reviewed much earlier thain 2030;
Amendment 95 #
2021/2102(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the light-touch reporting process based on indicators of progress related to the environmental footprint, including energy, water, waste management, etc., of CSDP missions and operations; stresses the necessity to generate more detailed assessments by 2022;
Amendment 101 #
2021/2102(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the VP/HR to present, by mid-end 2022, an assessment of the carbon footprint and environmental impact of the EU’s external action; stresses the need to develop by 2022 a meaningful methodology to quantify the emissions from all EU security and defence activities; believes that the Roadmap should be used to trigger clear national pledges to reduce military emissions, including mandatory military emissions reporting to the UNFCCC, as without reporting and transparency, there will be no pressure to cut emissions and no means of determining the impact of any pledges;
Amendment 107 #
2021/2102(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Strongly welcomes the fact that the Union’s new Global Europe instrument (NDICI) reflects well the urgency and importance of swift, strong and extensive external climate action; strongly welcomes the NDICI climate security policy (See subsection B.1.(d) of Annex III to the NDICI Regulation); calls on the Commission to prioritise actions seeking to achieve comprehensive and inclusive outcomes through linking climate mitigation and adaptation to conflict prevention and peacebuilding; stresses the need to include greater support for fragile and conflict-affected states in environmental governance, including institution-building; demands that the full potential for environmental peacebuilding be unleashed under the NDICI peace, stability and conflict-prevention programme;
Amendment 113 #
2021/2102(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines the need to boost the Union’s strategic foresight, early-warning, situational awareness and conflict-analysis capacities using qualitative and quantitative data and innovative methods from various sources; underlines that, in addition to systematic cooperation with civil society organisatione added value of close collaboration with relevant stakeholders, the Union’'s space programmes and the Joint Research Centre (JRC) should also contribute;
Amendment 115 #
2021/2102(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines that the principle of data-driven policy and programmes must be central to climate security programmes; is mindful, at the same time, of the limitations of big data approaches and quantitative environmental stress indices with regard to conflict prediction, as they risk paying too little attention to the local societal context; recalls the non- availability of reliable data in some fragile countries, alsoeg as a result of corruption andor weak governance structures, in which case proxy data should be used instead;
Amendment 121 #
2021/2102(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the importance of strengthening the resilience of communities, and that supporting local ownership and inclusive local governance structures is essential to ensure that efforts are sustainable; stresses that an inclusive and accountable approach towards local populations and which increasesmore effective environmental protection andmeasures, eg access to vital resources also increases the security of EU forces and personnel;
Amendment 125 #
2021/2102(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that environmental cooperation for peace building should be reinforced, as it generates sustainable and fair solutions addressing the effects of climate change and can also present opportunities to build peace, while fostering dialogue and cooperation at the local, national and international level and presenting opportunities to adopt a transformational approach to address the root causes of conflict and structural drivers of marginalisation; stresses the need to increase pre-conflict mediation initiatives, including by means of higher levels of funding via NDICI;
Amendment 129 #
2021/2102(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that the Union’s climate action should be inclusive, aim to advance gender equality, apply the EU’s human rights-based approach, promote good governance and implement the women, peace and security (WPS) agenda in line with the EU’s Gender Action Plan III; calls, in particular, for the initiatives of grassroots women’s, youth, and indigenous organisations to be supported and for lessons to be learned from them;
Amendment 131 #
2021/2102(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 140 #
2021/2102(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Strongly believes that there is an urgent need to mandateupports the integration of a climate-sensitive approach for all CSDP missions and operations and all European Peace Facility (EPF) actions to contribute to the integrated approach for addressing climate security challenges, in particular in the Sahel and Horn of Africa regions, in order to raise the likelihood of successfully attaining the missions’ objectives;
Amendment 146 #
2021/2102(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. HighlightNotes that CSDP missions and operations and EPF actions can contribute to enhancing the climate resilience of their host countries and stresses that a positive legacy in terms of their local footprint should be included in particular in their exit strategies, without jeopardising mission effectiveness or the security of own personnel;
Amendment 152 #
2021/2102(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stressesupports that the need to design of mission infrastructure and a supply-chain that are climate- and environment-sensitive andmanagement take into account climate- and environmental factors and strive to be as carbon-neutral as possible, and that makthe use of new technology such as mobile solar systems, in particular for static features may be an added value, where applicable;
Amendment 160 #
2021/2102(INI)
Motion for a resolution
Paragraph 20 – introductory part
Paragraph 20 – introductory part
20. Stresses the need to strengthen the EU’s environmental peacebuilding and climate security by including tasks and support efforts relating to mediation, dialogue, the protection of civilians, conflict resolution and reconciliation in order to ease climate-induced tensions between different communities competing over scarce resources, such as farmland or water, and which easily strengthen violent armed and extremist groups or transform into armed conflicts or even inter-state wars; proposes that new missions could focuse inclusion onf the following items for consideration for future missions:
Amendment 164 #
2021/2102(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. States that all military capabilities and services used by the Union should contribute to reaching the EU’s climate targets and adapt to increasingly challenging climate conditions in order to be able, inter alia, to guarantee the fulfilment of their tasks at home and abroadto thereby help mitigate the effects of climate change;
Amendment 173 #
2021/2102(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Underlines that an increase in defence expenditure should not lead to an increase in emissions, and that part of defence spending should be dedicated to investments in instruments that significantlygo hand in hand with efforts to invest in modern technology, rather than maintaining a status quo; supports the promotion of modern weapons technology, which takes into consideration climate concerns and work towards reduceing emissions levels; recalls that EU and NATO military strategists and planners have been working on the question of how armed forces can reduce their carbon footprint for more than a decade; welcomes, in this respect, the EDA’s activities, in particular the Go Green policy it launched in 2012, its Military Green concept and its working group on the circular economy, and calls for an acceleration and broadening of such projects and for an independent external evaluation thereof;
Amendment 177 #
2021/2102(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that the EDA has concluded that the subsequent reduction in fossil fuel consumption cuts costs, decreases emissions and reduces dependencies on non-European sources, and that the number of casualties can be reduced significantly given that there are far fewer fuel convoys for adversaries to target, thereby freeing up resources that are used to protect convoys, and that overall capabilities are made more effective through enhanced endurance, mobility and autonomy; stresses that the missions viability is of prior concern, as any degradation thereof would inevitably lead to risks of instability, etc;
Amendment 182 #
2021/2102(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on DG DEFIS, the Member States, the EEAS and the EDA to adopt an approach incorporating a low energy, carbon and environmental footprint by designincorporate a climate-sensitive consideration factor when implementing relevant EU funds and to regularly report on progress; welcomes, in this respect, the fact that 30 % of the European Defence Fund aims to contribute to climate action; welcomes the relevant investment of EUR 133 million provided for in the first annual work programme, but notes that this represents only 11 % of the overall annual EDF budget;
Amendment 187 #
2021/2102(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines the need to significantly increase investments in ‘green’ defence, in particular by dedicating a higher share of military R&D funded from the EU budget to carbon-neutral fuels and propulsion systems for military aircraft, ships and other vehiclesSupports a general review of ‘green’ defence expenditure, in particular as regards future major weapons systems (e.g. the future combat air system (FCAS) and the European main battle tank (EMBT)), in order to identify areas, where improvements could be made; underlines that, given the dual nature of such investments, they have strong positive spill-over effects in the civilian sector, in particular for the ailing civil aviation industry; believnotes that there has been an overall push for more electrification of military technology should be further promoted and extensively financed via the EDF, in particular as regards weapons systems, but also in terms of housing, barracks and related heating or cooling systemsfinanced via the EDF; recalls that high electricity prices and third-country dependency are of particular concern and recommends close and active collaboration among all relevant actors to assess further possible solutions for improvement ;
Amendment 197 #
2021/2102(INI)
29. Welcomes the stated ambition of NATO Secretary-General Stoltenberg that NATO reach net zero carbon emissions by 2050; underlines the fact that 22 Member States are NATO members and calls on the VP/HR to make sure that emission reduction objectives, benchmarks and methodologies are synchronised, as Member States have only a single set of forces and cannot afford to have different EU and NATO standards or the duplication of forces; believes that NATO and the EU should decide to treat climate security as a new area for cooperation and concrete actions;
Amendment 151 #
2021/0423(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules for the accurate measurement, quantification, monitoring, reporting and verification of methane emissions in the energy sector in the Union, as well as the abatement of those emissions, including through leak detection and repair surveys and restrictions on venting and flaring. This Regulation also lays down rules on tools ensuring transparency of methane emissions from imports of fossil energy into the Union.
Amendment 195 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘verifier’ means a legal person different from the competent authorities appointed in accordance with Article 4 of this Regulation which carries out verification activities and which is accredited by a national accreditation body pursuant to Regulation (EC) No 765/2008 or a natural person otherwise authorised, without prejudice to Article 5(2) of that Regulation, at the time a verification statement is issuedwhich carries out verification activities and at least is registered by the relevant authority to comply according to Article 8 and 9;
Amendment 203 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8 a) ‘de minimis source’ means negligible (very minor) methane emissions which are out of scope of reporting;
Amendment 220 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 41 a (new)
Article 2 – paragraph 1 – point 41 a (new)
(41 a) ‘quantification’ means operations to determine the quantity of methane emissions, based on direct measurements, engineering calculations, simulations, models using operational parameters, ambient measurements and meteorological data, or estimation through generic or specific emission factors.
Amendment 356 #
2021/0423(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
In carrying out the verification activities referred to in paragraph 1, verifiers shall use free and publicly available European or international standards for methane emissions quantification as made applicable by the Commission in accordance with paragraph 5. Until such date where the applicability of those standards is determined by the Commission, verifiers shall use existing European or international standards for quantification and verification of greenhouse gas emissionsmethane emissions quantification.
Amendment 372 #
2021/0423(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Verifiers shall be accredited by a national accreditation body pursuant to Regulation (EC) No 765/200The requirements stipulated in paragraph1 can be fulfilled if the operator implements a management system which ensures the independence requirements are addressed, and such a system is certified under the relevant EMAS/ISO standards. Verifiers must at least be registered at the relevant authority. For the registration the verifier has to prove his qualification to assess the reports according to Article 8.
Amendment 374 #
2021/0423(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 389 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. By … [128 months from the date of entry into force of this Regulation], operators shall submit a report to the competent authorities containing the quantification of source- level methane emissions estimated using generic but source-specific emission factors fat least generic emission factors for all sources not considered as de minimis of operated assets. Operators may choose to submit at that stage a report all sourcesccording to the requirements in paragraph 2.
Amendment 404 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. By … [24 months from the date of entry into force of this Regulation], operators shall also submit a report to the competent authorities containing direct measurementsquantification of source-level methane emissions for operated assets. Reporting at such level may involve the use of source- level measurement and sampling as the basis for establishing specific emission factors used for emissions estimationsources not considered as de minimis for operated assets. When emission factors are used, the quantification shall involve specific emission factors.
Amendment 413 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
By … [36 months from the date of entry into force of this Regulation] and by 30 March every year thereafter, operators shall submit a report to the competent authorities containing direct measurementsquantification of source-level methane emissions for operated assets referred to in paragraph 2, complemented by measurements of site- level methane emissions, thereby allowing assessment and verification of the source- level estimates aggregated by site. If the technologies for site-level measurement do not reach satisfactory technology readiness levels or market availability an operator can request the competent authority to postpone site-level measurements by one year.
Amendment 421 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
By … [36 months from the date of entry into force of this Regulation] and by 30 March every year thereafter, operators shall submit a report to the competent authorities containing direct measurementsquantification of source-level methane emissions for operated assets referred to in paragraph 2, complemented by measurements of site- level methane emissions, thereby allowing assessment and verification of the source- level estimates aggregated by site.
Amendment 436 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 443 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 492 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
8. In the case of significant discrepancies between the emissions quantified using source-level methods and those resulting from site-level measurement, additional measurements shall be carried ouoperators shall provide reasoning for the discrepancy. If the discrepancy is not due to the technological limits of employed quantification methods, the competent authority may request an additional measurement within the same reporting period.
Amendment 504 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 9
Article 12 – paragraph 9
9. Methane emissions measurements or quantification for gas infrastructure shall be conducted according to appropriate European (CEN) or international (ISO) standards for methane emissions quantification.
Amendment 512 #
2021/0423(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Operators shall take all measures available to themappropriate and reasonable mitigation measures to prevent and minimise methane emissions in their operations.
Amendment 518 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
By … [36 months from the date of entry into force of this Regulation], operators shall submit a leak detection and repair programme to the competent authorities which shall detail the contents of the surveysactivity to be carried out in accordance with the requirements in this Article and the CEN standard referred in [paragraph 1 a new] or the corresponding Technical Specification document.
Amendment 532 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
The competent authorities may require the operator to amend the programme taking into account the requirements of this Regulation and the CEN standard or the corresponding CEN Technical specification document.
Amendment 534 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1 a. The Commission shall issue a mandate to the European standardisation body concerned to establish technical specifications, European standards or harmonised European standards on leak detection and repair instruments and methodologies. Harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements referred to in this Article.
Amendment 544 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
By … [612 months from the date of entry into force of this Regulation], operators shall carry outinitiate a survey of all relevant components under their responsibility in accordance with the leak detection and repair programme referred in paragraph 1.
Amendment 566 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In carrying out the surveys, operators shall use devices that allow detection of loss of methane from components of 500 parts per million or moperiodic surveys or in using a continuous monitoring, operators shall use devices with the capability to detect the leak size corresponding to the relevant leaks. The CEN standard should define the type of device and methodology to detect the related leak size that has to be captured.
Amendment 580 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 632 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
Amendment 679 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. Venting and flaring shall only be allowed in the following situations:
Amendment 686 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) in case of an emergency, incidents or malfunction; and or where impacting safety or security of supply;
Amendment 690 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) where unavoidable and strictly necessary for the operation, construction, repair, maintenance, decommissioning or testing of components or equipment and subject to the reporting obligations set out in Article 16.;
Amendment 694 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b a (new)
Article 15 – paragraph 2 – point b a (new)
(b a) if vents are smaller than 50 kg of methane per event;
Amendment 697 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b b (new)
Article 15 – paragraph 2 – point b b (new)
(b b) environmental impact of mitigation measures is higher than the benefit.
Amendment 702 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. Venting and flaring under point (b) of paragraph 2 shall include the following specific situations where venting or flaring, as applicable, cannot be completely eliminated:
Amendment 714 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point a
Article 15 – paragraph 3 – point a
(a) during normal operations of certain components including but not limited to pneumatic controllers, sampling for measurement devices and dry gas seals, provided that the equipment meets all the specified equipment standards and it is properly maintained and regularly inspected to minimise methane losses;
Amendment 722 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point d
Article 15 – paragraph 3 – point d
(d) during loading out liquids from a storage tank or other low-pressure vessel to a transport vehicle in compliance with applicable standards and storage tank breathers;
Amendment 723 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point e
Article 15 – paragraph 3 – point e
(e) during repair and, maintenance, test procedures and decommissioning, including blowing down, purging and depressurizing equipment to perform repair and maintenance;
Amendment 730 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point i
Article 15 – paragraph 3 – point i
Amendment 733 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point j
Article 15 – paragraph 3 – point j
(j) during (re)commissioning of pipelines, facility equipment or facilitiegas storage wells, only for as long as necessary to purge introduced impurities from the pipeline or equipment;
Amendment 736 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point k
Article 15 – paragraph 3 – point k
(k) during pigging, blow-down to repair or purging a gathering pipeline for repair or maintenance, and only where the gas cannot be contained or redirected into an unaffected portion of the pipeline.;
Amendment 739 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point k b (new)
Article 15 – paragraph 3 – point k b (new)
(k b) vents from isolation valves used for segmentation of pipelines or compressor station isolation and emergency shutdown system;
Amendment 741 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point k a (new)
Article 15 – paragraph 3 – point k a (new)
(k a) when a mixture is vented that is off specifications, as a result of the gas processing;
Amendment 745 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point k c (new)
Article 15 – paragraph 3 – point k c (new)
(k c) vents for elimination of blockage by gas hydrates in storage facilities.
Amendment 764 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Where venting is allowed pursuant to paragraphs 2(b) and 3, operators shall vent only in the following cases: where flaring is not technically feasible or; where risks endangering safety of operations or personnel; when flaring is not allowed by other legal obligations. In such a situation, as part of the reporting obligations set out in Article 16, operators shall demonstrate to the competent authorities the necessity to opt for venting instead of flaring.
Amendment 769 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. Flaring shall only be allowed where either re-injection or utilisation on- site or dispatch of the methane are not technically feasible or risks endangering safety of operations or personnel or security of supply. In specific case of routine flaring in production sites, it shall only be allowed where either re-injection, utilisation on-site or dispatch of the methane to a market are not feasible for reasons other than economic considerations. In such a situations, as part of the reporting obligations set out in Article 16, operators shall demonstrate to the competent authorities the necessity to opt for flaring instead of either re-injection, utilisation on- site or dispatch of the methane to a market.
Amendment 779 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5 a. Where implementing venting or flaring provisions leads to an abatement cost higher than the limit set by ACER, the operators shall minimize the vented emissions by other available more cost- efficient means and include the justification in the report according to Article 17.
Amendment 788 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 5 b (new)
Article 15 – paragraph 5 b (new)
5 b. Where implementing venting or flaring provisions requires an approval of relevant authorities, permitting, procuring and installing new equipment, operators shall proceed at the fastest possible schedule. The competent authorities may request the details of the schedule and request modifications. For venting and flaring events that happen during the implementation period the competent authorities shall waive the penalties arising from Article 30.
Amendment 797 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 5 c (new)
Article 15 – paragraph 5 c (new)
5 c. Where a site is built, replaced in whole or in part or refurbished, the new or renovated equipment or components should be installed to avoid/minimise venting and flaring according to relevant technology.
Amendment 798 #
2021/0423(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – introductory part
Article 16 – paragraph 1 – subparagraph 1 – introductory part
Operators shall notify the competent authorities of venting and flaring events: of more than 5000 kg of methane caused by an incident, emergency or a malfunction.
Amendment 799 #
2021/0423(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point a
Article 16 – paragraph 1 – subparagraph 1 – point a
Amendment 806 #
2021/0423(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point b
Article 16 – paragraph 1 – subparagraph 1 – point b
Amendment 809 #
2021/0423(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
The notification referred to in the first subparagraph shall be made without any unnecessary delay after the event and at the latest within 48 hours from the start of the event. The requirements applicable for this notification will be in accordance to national or local legislation regarding notification of incidents, emergencies or othe moment the operator became aware of itr unusual occurrences, when already existing.
Amendment 148 #
2021/0422(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) It is important to emphasise that the term unlawful can also have an independent meaning in criminal law in the Member States. The definition given in this Directive is without prejudice to those national provisions, the frameworks against which this term can be tested, and the possible grounds of justification that exist in national law.
Amendment 164 #
2021/0422(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) It is important to emphasise that the term unlawful can also have an independent meaning in criminal law in the Member States. The definition given in this Directive is without prejudice to those national provisions, the frameworks against which this term can be tested, and the possible grounds of justification that exist in national law.
Amendment 192 #
2021/0422(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23 a) The fact that perpetrators of environmental offenses can easily move across borders means that it is of the utmost importance that the investigative services in the different Member States can work well together. It is of the utmost importance that cooperation between the different Member States runs as smoothly as possible. The Commission must, without creating cumbersome, bureaucratic bodies, facilitate this cooperation as much as possible.
Amendment 194 #
2021/0422(COD)
Proposal for a directive
Recital 23 b (new)
Recital 23 b (new)
(23 b) The Commission must map out which bottlenecks the Member States and investigative organizations encounter when it comes to cross-border cooperation. The Commission should write down these findings in a report and forward this report to the Council and Parliament once every two years. In that report, the Commission indicates whether, and if so which measures it is taking to tackle these bottlenecks. When applicable, the Commission reflects on the measures taken on the basis of the previous report.
Amendment 199 #
2021/0422(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) The fact that perpetrators of environmental offenses can easily move across borders means that it is of the utmost importance that the investigative services in the different Member States can work well together. It is of the utmost importance that cooperation between the different Member States runs as smoothly as possible. The Commission must, without creating cumbersome, bureaucratic bodies, facilitate this cooperation as much as possible.
Amendment 200 #
2021/0422(COD)
Proposal for a directive
Recital 23 b (new)
Recital 23 b (new)
(23b) The Commission must map out which bottlenecks the Member States and investigative organizations encounter when it comes to cross-border cooperation. The Commission should write down these findings in a report and forward this report to the Council and Parliament once every two years. In that report, the Commission indicates whether, and if so which measures it is taking to tackle these bottlenecks. When applicable, the Commission reflects on the measures taken on the basis of the previous report.
Amendment 216 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
(a) directly applicable Union legislation, which irrespective of its legal basis contributes to the pursuit of the objectives of Union policy of protecting the environment as set out in the Treaty on the Functioning of the European Union;
Amendment 217 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(b) a law, an administrative regulation of a Member State or a decision taken by a competent authority of a Member State that gives effect to the Union legislation referred to in point (a)quiring transposition in national law, which irrespective of its legal basis contributes to the pursuit of the objectives of Union policy of protecting the environment as set out in the Treaty on the Functioning of the European Union.
Amendment 218 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – paragraph 1
Article 2 – paragraph 1 – point 1 – paragraph 1
Amendment 219 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – paragraph 1
Article 2 – paragraph 1 – point 1 – paragraph 1
The conduct shall be deemed unlawful even if carried out under an authorisation by a competent authority in a Member State when the authorisation was obtained fraudulently or by corruption, extortion or coercion; This definition is without prejudice to frameworks that exist in the Member States for determining whether a conduct is unlawful. Nor does the definition affect any justification grounds that exist in national law, or the inferences that a court must draw from the existence of justification grounds;
Amendment 221 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 231 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the placing on the marketa larger scale of a products on the market which, in breach of a prohibition or another requirement, causes or is likely to cause death or serious injury to any person or substantial damage to air, water substantial damage to the quality of air, the quality orf soil qualityor the quality of water, or to animals or plants as a result of the product's use on a larger scale;
Amendment 233 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
(a) directly applicable Union legislation, which irrespective of its legal basis contributes to the pursuit of the objectives of Union policy of protecting the environment as set out in the Treaty on the Functioning of the European Union;
Amendment 234 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(b) a law, an administrative regulation of a Member State or a decision taken by a competent authority of a Member State that gives effect to the Union legislation referred to in point (a)quiring transposition in national law, which irrespective of its legal basis contributes to the pursuit of the objectives of Union policy of protecting the environment as set out in the Treaty on the Functioning of the European Union.
Amendment 234 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c – paragraph 1
Article 3 – paragraph 1 – point c – paragraph 1
and it causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 235 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) the execution of projects referred to in Article 1(2)(a) of Directive 2011/92/EU of the European Parliament and of the Council38 without a development consent or an assessment with regard to their effects on the environment, which causes or is likely to cause substantial damage to the factors defined in Article 3(1) of Directive 2011/92/EUquality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 38 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).
Amendment 237 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(e) the collection, transport, recovery or disposal of waste, the supervision of such operations and the after-care of disposal sites, including action taken as a dealer or a broker (waste management), when an unlawful conduct:
Amendment 238 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – paragraph 1
Article 2 – paragraph 1 – point 1 – paragraph 1
Amendment 239 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – point i
Article 3 – paragraph 1 – point e – point i
(i) concerns hazardous waste as defined in Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council39 and is undertaken in a non-negligiblcauses or is likely to cause substantial damage to the quality of air, the quality of soil or the quantlity of water, or to animals or plants; _________________ 39 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3–30).
Amendment 240 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – paragraph 1
Article 2 – paragraph 1 – point 1 – paragraph 1
The conduct shall be deemed unlawful even if carried out under an authorisation by a competent authority in a Member State when the authorisation was obtained fraudulently or by corruption, extortion or coercion; This definition is without prejudice to frameworks that exist in the Member States for determining whether a conduct is unlawful. Nor does the definition affect any justification grounds that exist in national law, or the inferences that a court must draw from the existence of justification grounds;
Amendment 242 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
Article 3 – paragraph 1 – point e – point ii
(ii) concerns other waste than referred to in point (i) and causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 244 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) the recycling of ships falling within the scope of Regulation (EU) No 1257/2013 of the European Parliament and of the Council41 , without complying with the requirements of Article 6(2), point (a) of that Regulation, which causes or is likely to cause substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 41 Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (OJ L 330, 10.12.2013, p. 1).
Amendment 245 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) the ship-source discharges of polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution and on the introduction of penalties, including criminal penalties, into any of the areas referred to in Article 3(1) of that Directive, provided that the ship-source discharges do not satisfy the exceptions set in Article 5 of that Directive; this provision shall not apply to individual cases, where the ship- source discharge does not cause deterioration in the quality of water, unless repeated cases by the same offender in conjunction result inwhich causes or is likely to cause significant deterioration in the quality of water; _________________ 42 Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ L 255, 30.9.2005, p. 11– 21).
Amendment 248 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) the installation, operation or dismantling of an installation in which a dangerous activity is carried out or in which dangerous substances, preparations or pollutants are stored or used falling within the scope of Directive 2012/18/EU of the European Parliament and of the Council43 , Directive 2010/75/EU of the European Parliament and of the Council44 or Directive 2013/30/EU of the European Parliament and of the Council45 and which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 43 Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC Text with EEA relevance (OJ L 197, 24.7.2012, p. 1– 37). 44 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). 45 Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC (OJ L 178, 28.6.2013, p. 66– 106).
Amendment 249 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 250 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) the manufacture, production, processing, handling, use, holding, storage, transport, import, export or disposal of radioactive material falling within the scope of Council Directive 2013/59/Euratom46 , Council Directive 2014/87/Euratom47 or Council Directive 2013/51/Euratom48 , which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 46 Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ L 13, 17.1.2014, p. 1–73). 47 Council Directive 2014/87/Euratom of 8 July 2014 amending Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations (OJ L 219, 25.7.2014, p. 42–52). 48 Council Directive 2013/51/Euratom of 22 October 2013 laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (OJ L 296, 7.11.2013, p. 12– 21).
Amendment 257 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) the placing or making available on a larger scale on the Union market of illegally harvested timber or of timber products that were made of illegally harvested wood, falling within the scope of Regulation (EU) No 995/2010 of the European Parliament and of the Council52 , except for cases where the conduct concerns a negligible quantity; [If a Regulation on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 is adopted before this Directive, point (n) to be replaced with a criminal offence within the scope of Article 3 of that Regulation.] _________________ 52 Regulation (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 (OJ L 295, 12.11.2010, p. 23–34).
Amendment 263 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
(o) any conduct which causes the deterioration of a habitat within a protected site, within the meaning of Article 6(2) of the Directive 92/43/EEC, when this deterioration is significant or any conduct consisting in killing or destroying animal and plant species protected in a habitat within a protected side, when the endangerment of their status is significant;
Amendment 265 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point p – point i
Article 3 – paragraph 1 – point p – point i
(i) the conduct breaches restrictions set out in Article 7(1) of Regulation (EU) No 1143/2014 of the European Parliament and of the Council53 and has or is likely to have a significant adverse impact on biodiversity or the related ecosystem service; _________________ 53 Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4.11.2014, p. 35).
Amendment 266 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point p – point ii
Article 3 – paragraph 1 – point p – point ii
(ii) the conduct breaches a condition of permit issued under Article 8 or of authorisation granted under Article 9 of Regulation (EU) No 1143/2014 and causehas or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or planthave a significant adverse impact on biodiversity or the related ecosystem services;
Amendment 267 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) production, placing on the market, import, export, use, emission or release of ozone depleting substances as defined in Article 3 (4) of Regulation (EC) No 1005/2009 of the European Parliament and of the Council54 or of products and equipment containing or relying on such substances, when undertaken in a non- negligible quantity; _________________ 54 Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (OJ L 286, 31.10.2009, p. 1–30)
Amendment 268 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point r
Article 3 – paragraph 1 – point r
(r) production, placing on the market, import, export, use, emission or release of fluorinated greenhouse gases as defined in Article 2 (1) of Regulation 517/2014 of the European Parliament and of the Council55 or of products and equipment containing or relying on such gases, when undertaken in a non-negligible quantity. _________________ 55 Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 (OJ L 150, 20.5.2014, p. 195– 230).
Amendment 274 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 284 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the placing on the marketa larger scale of a products on the market which, in breach of a prohibition or another requirement, causes or is likely to cause death or serious injury to any person or substantial damage to air, water or soilsubstantial damage to the quality of air, the quality, or to animals or plants as a result of the product's use on a larger scalef soil or the quality of water, or to animals or plants;
Amendment 284 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 286 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 292 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c – paragraph 1
Article 3 – paragraph 1 – point c – paragraph 1
and it causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 298 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) the execution of projects referred to in Article 1(2)(a) of Directive 2011/92/EU of the European Parliament and of the Council38 without a development consent or an assessment with regard to their effects on the environment, which causes or is likely to cause substantial damage to the factors defined in Article 3(1) of Directive 2011/92/EUquality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 38 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).
Amendment 301 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(e) the collection, transport, recovery or disposal of waste, the supervision of such operations and the after-care of disposal sites, including action taken as a dealer or a broker (waste management), when an unlawful conduct:
Amendment 302 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall take the necessary measures to ensure that offences referred to in Article 3 are punishable by a maximum term of imprisonment of at least teneight years if they cause or are likely to cause death or serious injury to any person.
Amendment 304 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by a maximum term of imprisonment of at least sixfour years.
Amendment 305 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – point i
Article 3 – paragraph 1 – point e – point i
(i) concerns hazardous waste as defined in Article 3(2) of Directive 2008/98/EC of the European Parliament and of the Council39 and is undertaken in a non-negligiblcauses or is likely to cause substantial damage to the quality of air, the quality of soil or the quantlity of water, or to animals or plants; _________________ 39 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3–30).
Amendment 305 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by a maximum term of imprisonment of at least fourtwo years.
Amendment 308 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – introductory part
Article 5 – paragraph 5 – introductory part
5. Member States shall take the necessary measures to ensure that natural persons who have committed the offences referred to in Articles 3 and 4 may be subject to additional sanctions or measures which shallmay include:
Amendment 309 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
Article 3 – paragraph 1 – point e – point ii
(ii) concerns other waste than referred to in point (i) and causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 311 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) the recycling of ships falling within the scope of Regulation (EU) No 1257/2013 of the European Parliament and of the Council41 , without complying with the requirements of Article 6(2), point (a) of that Regulation, which causes or is likely to cause substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 41 Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (OJ L 330, 10.12.2013, p. 1).
Amendment 311 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point a
Article 5 – paragraph 5 – point a
(a) obligation to reinstate the environmentreimbursement of the environment reinstatement costs within a given time period;
Amendment 312 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) the ship-source discharges of polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution and on the introduction of penalties, including criminal penalties, into any of the areas referred to in Article 3(1) of that Directive, provided that the ship-source discharges do not satisfy the exceptions set in Article 5 of that Directive; this provision shall not apply to individual cases, where the ship- source discharge does not cause deterioration in the quality of water, unless repeated cases by the same offender in conjunction result inwhich causes or is likely to cause significant deterioration in the quality of water; _________________ 42 Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ L 255, 30.9.2005, p. 11– 21).
Amendment 315 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point c
Article 5 – paragraph 5 – point c
(c) temporary or permanent exclusions from access to public funding, including tender procedures, grants and concessions;
Amendment 316 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point e
Article 5 – paragraph 5 – point e
(e) withdrawal of permits and authorisatiotemporary bans ton pursueing activities which have resulted in committing the offence;
Amendment 317 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point f
Article 5 – paragraph 5 – point f
Amendment 319 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
Amendment 319 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point g
Article 5 – paragraph 5 – point g
Amendment 322 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) the manufacture, production, processing, handling, use, holding, storage, transport, import, export or disposal of radioactive material falling within the scope of Council Directive 2013/59/Euratom46 , Council Directive 2014/87/Euratom47 or Council Directive 2013/51/Euratom48 , which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 46 Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ L 13, 17.1.2014, p. 1–73). 47 Council Directive 2014/87/Euratom of 8 July 2014 amending Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations (OJ L 219, 25.7.2014, p. 42–52). 48 Council Directive 2013/51/Euratom of 22 October 2013 laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (OJ L 296, 7.11.2013, p. 12– 21).
Amendment 325 #
2021/0422(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall also ensure that legal persons can be held liable where the culpable lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of an offence referred to in Articles 3 and 4 for the benefit of the legal person by a person under its authority.
Amendment 327 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(1) is punishable by effective, proportionate and dissuasive sanctions.
Amendment 329 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall take the necessary measures to ensure that sanctions or measures for legal persons liable pursuant to Article 6(1) for the offences referred to in Articles 3 and 4 shall include criminal or non-criminal fines and may include other sanctions or measures, such as:
Amendment 331 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
Amendment 334 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) the obligation to reinstate the environmentreimbursement of the environment reinstatement costs within a given period;
Amendment 337 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) temporary exclusion from entitlement to public benefits or aid;
Amendment 339 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) the placing or making available on a larger scale on the Union market of illegally harvested timber or of timber products that were made of illegally harvested wood, falling within the scope of Regulation (EU) No 995/2010 of the European Parliament and of the Council52 , except for cases where the conduct concerns a negligible quantity; [If a Regulation on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 is adopted before this Directive, point (n) to be replaced with a criminal offence within the scope of Article 3 of that Regulation.] _________________ 52 Regulation (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 (OJ L 295, 12.11.2010, p. 23–34).
Amendment 339 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
(e) temporary or permanent disqualification from the practice of business activities;
Amendment 340 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point f
Article 7 – paragraph 2 – point f
(f) withdrawal of permits and authorisations totemporary ban on pursueing activities which have resulted in committing the offence;
Amendment 341 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point j
Article 7 – paragraph 2 – point j
Amendment 344 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
(o) any conduct which causes the deterioration of a habitat within a protected site, within the meaning of Article 6(2) of the Directive 92/43/EEC, when this deterioration is significant, or any conduct consisting in killing or destroying animal and plant species protected in a habitat within a protected side, when the endangerment of their status is significant;
Amendment 345 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall take the necessary measures to ensure that athe amount of criminal or non-criminal fines imposed on legal persons held liable pursuant to Article 6(2) is punishable by sanctions or measures, whroportionate to the seriousness of the conduct, the economich are effective, proportionate and dissuasivend financial situation of the legal person concerned and other circumstances of the case as defined in the national law.
Amendment 346 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 350 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point p – point i
Article 3 – paragraph 1 – point p – point i
(i) the conduct breaches restrictions set out in Article 7(1) of Regulation (EU) No 1143/2014 of the European Parliament and of the Council53 and has or is likely to have a significant adverse impact on biodiversity or the related ecosystem service; _________________ 53 Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4.11.2014, p. 35).
Amendment 352 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 353 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point p – point ii
Article 3 – paragraph 1 – point p – point ii
(ii) the conduct breaches a condition of permit issued under Article 8 or of authorisation granted under Article 9 of Regulation (EU) No 1143/2014 and causehas or is likely to cause death or serious injury to any person or substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or planthave a significant adverse impact on biodiversity or the related ecosystem services;
Amendment 356 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) production, placing on the market, import, export, use, emission or release of ozone depleting substances as defined in Article 3 (4) of Regulation (EC) No 1005/2009 of the European Parliament and of the Council54 or of products and equipment containing or relying on such substances, when undertaken in a non- negligible quantity; _________________ 54 Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (OJ L 286, 31.10.2009, p. 1–30)
Amendment 357 #
2021/0422(COD)
(r) production, placing on the market, import, export, use, emission or release of fluorinated greenhouse gases as defined in Article 2 (1) of Regulation 517/2014 of the European Parliament and of the Council55 or of products and equipment containing or relying on such gases, when undertaken in a non-negligible quantity. _________________ 55 Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 (OJ L 150, 20.5.2014, p. 195– 230).
Amendment 357 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 359 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
In so far as the following circumstances do not already form part of the constituent elements of the criminal offences referred to in Article 3, Member States shall take the necessary measures to ensure that, in relation to the relevant offences referred to in Articles 3 and 4, at least one of the following circumstances may be regarded as aggravating circumstances:
Amendment 369 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point h
Article 8 – paragraph 1 – point h
Amendment 370 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point i
Article 8 – paragraph 1 – point i
Amendment 371 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 371 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point j
Article 8 – paragraph 1 – point j
Amendment 387 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 387 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 394 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 395 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 396 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 402 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) the offender is one of its nationals or habitual residents.
Amendment 411 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 2 – point a a (new)
Article 12 – paragraph 2 – point a a (new)
(a a) the offender has his or her habitual residence in its territory;
Amendment 419 #
2021/0422(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall take the necessary measures to ensure that persons reporting offences referred to in Articles 3 and 4 of this Directive and providing evidence or otherwise cooperating with the investigation, prosecution or adjudication of such offences are provided the necessary support and assistance as provided for in Directive (EU) 2019/1937 in the context of criminal proceedings.
Amendment 423 #
2021/0422(COD)
Proposal for a directive
Article 14
Article 14
Amendment 428 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall take the necessary measures to ensure that offences referred to in Article 3 are punishable by a maximum term of imprisonment of at least teneight years if they cause or are likely to cause death or serious injury to any person.
Amendment 428 #
2021/0422(COD)
Proposal for a directive
Article 15
Article 15
Amendment 431 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by a maximum term of imprisonment of at least sixfour years.
Amendment 432 #
2021/0422(COD)
Proposal for a directive
Article 16
Article 16
Amendment 434 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall take the necessary measures to ensure that the offences referred to in Article 3(1) points (k), (l), (m), (o), (p) are punishable by a maximum term of imprisonment of at least fourtwo years.
Amendment 435 #
2021/0422(COD)
Proposal for a directive
Article 17
Article 17
Amendment 440 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – introductory part
Article 5 – paragraph 5 – introductory part
5. Member States shall take the necessary measures to ensure that natural persons who have committed the offences referred to in Articles 3 and 4 may be subject to additional sanctions or measures which shallmay include:
Amendment 442 #
2021/0422(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases, are alsoeffective, proportionate to the crime committed and available for investigating or prosecuting offences referred to in Articles 3 and 4.
Amendment 443 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point a
Article 5 – paragraph 5 – point a
(a) obligation to reinstate the environmentreimbursement of the environment reinstatement costs within a given time period;
Amendment 445 #
2021/0422(COD)
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
Amendment 446 #
2021/0422(COD)
Proposal for a directive
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
Amendment 452 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point c
Article 5 – paragraph 5 – point c
(c) temporary or permanent exclusions from access to public funding, including tender procedures, grants and concessions;
Amendment 452 #
2021/0422(COD)
Proposal for a directive
Article 20
Article 20
Amendment 455 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point e
Article 5 – paragraph 5 – point e
(e) withdrawal of permits and authorisatiotemporary bans ton pursueing activities which have resulted in committing the offence;.
Amendment 458 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point f
Article 5 – paragraph 5 – point f
Amendment 459 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point g
Article 5 – paragraph 5 – point g
Amendment 460 #
2021/0422(COD)
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Member States shall biannually transmit to the Commission the statistical data referred to in paragraph 2 in a standard format established in accordance with Article 22.
Amendment 465 #
2021/0422(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 467 #
2021/0422(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall also ensure that legal persons can be held liable where the culpable lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of an offence referred to in Articles 3 and 4 for the benefit of the legal person by a person under its authority.
Amendment 471 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6(1) is punishable by effective, proportionate and dissuasive sanctions.
Amendment 473 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall take the necessary measures to ensure that sanctions or measures for legal persons liable pursuant to Article 6(1) for the offences referred to in Articles 3 and 4 shall include criminal or non-criminal fines and may include other sanctions or measures, such as:
Amendment 475 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
Amendment 478 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) the obligation to reinstate the environmentreimbursement of the environment reinstatement costs within a given period;
Amendment 480 #
2021/0422(COD)
(c) temporary exclusion from entitlement to public benefits or aid;
Amendment 483 #
2021/0422(COD)
(e) temporary or permanent disqualification from the practice of business activities;
Amendment 484 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point f
Article 7 – paragraph 2 – point f
(f) withdrawal of permits and authorisations totemporary ban on pursueing activities which have resulted in committing the offence;
Amendment 486 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point j
Article 7 – paragraph 2 – point j
Amendment 490 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall take the necessary measures to ensure that athe amount of criminal or non-criminal fines imposed on legal persons held liable pursuant to Article 6(2) is punishable by sanctions or measures, whroportionate to the seriousness of the conduct, the economich are effective, proportionate and dissuasivend financial situation of the legal person concerned and other circumstances of the case as defined in the national law.
Amendment 492 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 499 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 509 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 511 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
In so far as the following circumstances do not already form part of the constituent elements of the criminal offences referred to in Article 3, Member States shall take the necessary measures to ensure that, in relation to the relevant offences referred to in Articles 3 and 4, at least one of the following circumstances may be regarded as aggravating circumstances:
Amendment 532 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point h
Article 8 – paragraph 1 – point h
Amendment 533 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point i
Article 8 – paragraph 1 – point i
Amendment 535 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point j
Article 8 – paragraph 1 – point j
Amendment 555 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 566 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 571 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 583 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) the offender is one of its nationals or habitual residents.
Amendment 590 #
2021/0422(COD)
Proposal for a directive
Article 12 – paragraph 2 – point -a (new)
Article 12 – paragraph 2 – point -a (new)
(-a) the offender has his or her habitual residence in its territory;
Amendment 600 #
2021/0422(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall take the necessary measures to ensure that persons reporting offences referred to in Articles 3 and 4 of this Directive and providing evidence or otherwise cooperating with the investigation, prosecution or adjudication of such offences are provided the necessary support and assistance as provided for in Directive (EU) 2019/1937 in the context of criminal proceedings.
Amendment 605 #
2021/0422(COD)
Proposal for a directive
Article 14
Article 14
Amendment 615 #
2021/0422(COD)
Proposal for a directive
Article 15
Article 15
Amendment 618 #
2021/0422(COD)
Proposal for a directive
Article 16
Article 16
Amendment 622 #
2021/0422(COD)
Proposal for a directive
Article 17
Article 17
Amendment 625 #
2021/0422(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases, are alsoeffective, proportionate to the crime committed and available for investigating or prosecuting offences referred to in Articles 3 and 4.
Amendment 629 #
2021/0422(COD)
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
Amendment 630 #
2021/0422(COD)
Proposal for a directive
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
Amendment 636 #
2021/0422(COD)
Proposal for a directive
Article 20
Article 20
Amendment 652 #
2021/0422(COD)
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Member States shall biannually transmit to the Commission the statistical data referred to in paragraph 2 in a standard format established in accordance with Article 22.
Amendment 664 #
2021/0422(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 37 #
2021/0340(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point c – table
Annex I – paragraph 1 – point 1 – point c – table
Regulation (EU) 2019/1021
Annex IV – table
Annex IV – table
Amendment 42 #
2021/0340(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point d – table
Annex I – paragraph 1 – point 1 – point d – table
Regulation (EU) 2019/1021
Annex IV – table
Annex IV – table
‘Polychlorinate 510 µg/kg (2) d dibenzo-p- dioxins and dibenzofurans (PCDD/PCDF) and dioxin-like polychlorinated biphenyls (dl- PCBs) ________________ (2) The limit is calculated as the sum of PCDD, PCDF and dl-PCBs according to the toxic equivalency factors (TEFs) set out in Part 2, in the third subparagraph, in the table, of Annex V.’
Amendment 7 #
2021/0277(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that this budget should contribute to achieving the revised 2030 EU climate and environmental targets – including halting and reversing biodiversity loss – the EU’s energy targets and the objective of making the EU climate-neutral by 2050 at the latest in line with the Paris Agreement, while ensuring a green and just transition through the European Green Deal, while ensuring a green and just transition that is affordable, reliable, technically feasible and leaves nobody behind;
Amendment 11 #
2021/0277(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises the importance of achieving the EU’s climate and biodiversity mainstreaming targets1 as soon as possible using the new funds available under the Next Generation EU (NGEU) instrument, in particular the Recovery and Resilience Facility2 and the Just Transition Fund; highlights that it is essential that funding from the multiannual financial framework and the NGEU is only awarded for activities which are in line with the ‘do no significant harm’ principle and are consistent with the Paris Agreement objectives as laid down in the European Council conclusions of 21 July 2020; ____________ 1 30 % of EU expenditure contributing to climate objectives, and annual spending levels for biodiversity of at least 7.5 % in 2024, increasing to 10 % in 2026 and 2027. 2At least 37 % of RRF spending contributing to climate objectives.
Amendment 51 #
2021/0277(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls the importance of ensuring sufficient resources for the existing EU agencies under the remit of Parliament’s Committee on the Environment, Public Health and Food Safety (the European Chemicals Agency, the European Centre for Disease Prevention and Control, the European Environment Agency, the European Food Safety Authority and the European Medicines Agency), as well as for the planned European Health Emergency Preparedness and Response Authority, enabling them to fulfil their mandates, execute their tasks and respond optimally to the consequences of the COVID-19 pandemic; underlines the importance of enhancing coordination between these agencies to improve the consistency of their work in a cost- effective way;
Amendment 60 #
2021/0277(BUD)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 96 #
2021/0223(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In the heavy-duty road transport sector, LNG trucks are fully mature. On the one hand, the common scenarios underpinning the Sustainable and Smart Mobility Strategy and the Climate Target Plan as well as the revised “Fit for 55” modelling scenarios suggest some limited role of gaseous fuels that will increasingly be decarbonised in heavy-duty road transport especially in the long haul segment. Furthermore, LPG and CNG vehicles for which already a sufficient infrastructure network exists across the Union are expected to gradually be replaced by zero emission drivetrains and therefore only a limited targeted policy for LNG infrastructure deployment that can equally supply decarbonised fuels is considered necessary to close remaining gaps in the main networkconventional gaseous fuels that will increasingly be replaced with decarbonised pathways.
Amendment 112 #
2021/0223(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) National fleet based targets should be established on the basis of the total number of registeredshare of electric vehicles inof thate total passenger vehicle fleet in Member States following a common methodology that accounts for technological developments such as the increased driving range of electric vehicles or the increasing market penetration of fast-charging points which can recharge a greater number of vehicles per recharging point than at a normal recharging point. The methodology also has to take into account the different recharging patterns of battery electric and plug-in hybrid vehicles. A methodology that norms national fleet based targets on the total maximum power output of the publicly accessible recharging infrastructure should allow flexibility for the implementation of different recharging technologies in Member States. The methodology should also account for the state of development of the electric vehicle market and adjust accordingly, providing proper weighting to ensure attainable targets that will stimulate the development of markets with small fleets.
Amendment 121 #
2021/0223(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Electric heavy-duty vehicles need a distinctively different recharging infrastructure than light-duty vehicles. Public accessible infrastructure for electric heavy-duty vehicles is however curr, at presently, almost nowhere entirely unavailable in the Union. A combined approach ofFor that reason, heavy-duty vehicles will require a substantially longer development and deployment time than the infrastructure for light-duty vehicles. The option of a partial derogation, of no more than 15% from the mandatory national targets specified in Article 4, will therefore be essential, subject to approval from the Commission. An incremental approach combining distance-based targets along the TEN-T network, targets for overnight recharging infrastructure and targets at urban nodes should ultimately ensure that a sufficient publicly accessible infrastructure coverage for electric heavy- duty vehicles is established throughout the Union to support the expected market uptake of battery electric heavy-duty vehicles.
Amendment 167 #
2021/0223(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Transport infrastructure should allow seamless mobility and accessibility for all users, including persons with disabilities and older persons. In principle, the location of all recharging and refuelling stations as well as the recharging and refuelling stations themselves should be designed in such a way that they can be used by as much of the public as possible, in particular by older persons, persons with reduced mobility and persons with disabilities. This should include for example providing sufficient space around the parking lot, ensuring that the recharging station is not installed on a kerbed surface, ensuring that the buttons or screen of the recharging station are at an appropriate height and the weight of the recharging and refuelling cables is such that persons with limited strength can handle them with ease. Where parking spaces are available for persons with reduced mobility and with disabilities, a certain percentage should be equipped with recharging and refuelling points. In addition the user interface of the related recharging stations should be accessible. In that sense, the accessibility requirements in Annexes I and III to Directive 2019/88257 should be applicable to recharging and refuelling infrastructure. __________________ 57Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
Amendment 212 #
2021/0223(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) It is necessary to provide consumers with sufficient information regarding the geographic location, characteristics and services offered at the publicly accessible recharging and refuelling points of alternative fuels covered by this Regulation. Therefore, Member States should ensure that operators or owners of publicly accessible recharging and refuelling points make relevant static and dynamic data available. Requirements on data types regarding availability of and accessibility to relevant recharging and refuelling-related data should be laid down, building on the outcomes of the Programme Support Action on “Data collection related to recharging/refuelling points for alternative fuels and the unique identification codes related to e-mobility actors” (‘IDACS’) as well as the work of the Sustainable Transport Forum.
Amendment 256 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘digitally-connected recharging point’ means a recharging point that can send and receive information in real time, communicate bi-directionally with the electricity grid and the electric vehicle, and thating with a back-end, which can be remotely monitored and controlled, including to start and stop the recharging session and to measure electricity flows;
Amendment 289 #
2021/0223(COD)
(2 a) ‘along the TEN-T core or comprehensive network’ means, for electric recharging stations, that they are located on the TEN-T network or within 3 km driving distance from the nearest exit of a TEN-T road and for hydrogen refuelling stations, that the yare located on the TEN-T network or within 10 km driving distance from the nearest exit of a TEN-T road.
Amendment 329 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
To that end Member States shall ensure that, at the end of each year, starting from the year referred to in Article 24eighteen months after 1 January of the year following that of the entry into force of this Regulation, the following power output targets are met cumulatively:
Amendment 365 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Neighbouring Member States shall take the necessary measures to ensure that the maximum distances referred to in points (a) and (b) are not exceeded for cross-border sections of the TEN-T core and the TEN-T comprehensive network.
Amendment 375 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – introductory part
Article 4 – paragraph 1 – point a – introductory part
(a) along the TEN-T core network, publicly accessible recharging pools dedicated to heavy-duty vehicles and meeting the following requirements are deployed in each direction of travel with a maximum distance of 60 km, considering local conditions, in-between them:
Amendment 377 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – introductory part
Article 4 – paragraph 1 – point a – introductory part
(a) along the TEN-T core network, publicly accessible recharging pools dedicated to heavy-duty vehicles and meeting the following requirements are deployed in each direction of travel with a maximum distance of 6100 km, considering local conditions, in-between them:
Amendment 385 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point i
Article 4 – paragraph 1 – point a – point i
(i) by 31 December 20258, each recharging pool shall offer a power output of at least 1400 kW and include at least one recharging station with an individual power output of at least 350 kW;
Amendment 389 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point ii
Article 4 – paragraph 1 – point a – point ii
(ii) by 31 December 20303, each recharging pool shall offer a power output of at least 3500 kW and include at least two recharging stations with an individual power output of at least 350 kW;
Amendment 397 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point i
Article 4 – paragraph 1 – point b – point i
(i) by 31 December 20303, each recharging pool shall offer a power output of at least 1400 kW and include at least one recharging station with an individual power output of at least 350 kW;
Amendment 402 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point ii
Article 4 – paragraph 1 – point b – point ii
(ii) by 1 December 20358, each recharging pool shall offer a power output of at least 3500 kW and include at least two recharging stations with an individual power output of at least 350 kW;
Amendment 409 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) by 31 December 20303, in each safe and secure parking area at least one recharging station dedicated to heavy-duty vehicles with a power output of at least 100 kW is installed;
Amendment 413 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) by 31 December 20258, in each urban node publicly accessible recharging points dedicated to heavy-duty vehicles providing an aggregated power output of at least 600 kW are deployed, provided by recharging stations with an individual power output of at least 150 kW;
Amendment 416 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) by 31 December 20303, in each urban node publicly accessible recharging points dedicated to heavy-duty vehicles providing an aggregated power output of at least 1200 kW are deployed, provided by recharging stations with an individual power output of at least 150 kW.
Amendment 421 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Neighbouring Member States shall take the necessary measures to ensure that the maximum distances referred to in points (a) and (b) are not exceeded for cross-border sections of the TEN-T core and the TEN-T comprehensive network.
Amendment 444 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Operators of recharging points shall, at the publicly accessible recharging points operated by them, provide end users with the possibility to recharge their electric vehicle on an ad hoc basis using a payment instrument that is widely used in the Union. To that end:devices used for payment services.
Amendment 446 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
Amendment 466 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
Amendment 478 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 489 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The requirements laid down in points (a) and (b) shall not apply to publicly accessible recharging points that do not require payment for the recharging service.
Amendment 517 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 1 (new)
Article 5 – paragraph 6 – subparagraph 1 (new)
Operators of publicly accessible refuelling stations may provide refuelling services to customers on a contractual basis, including in the name and on behalf of other mobility service providers. Mobility service providers shall charge prices to end users that are reasonable, transparent and non-discriminatory. Mobility service providers shall make available to end users all applicable price information, prior to the start of the recharging session, and specific to their intended recharging session, through freely available, widely supported electronic means, clearly distinguishing the price components charged by the operator of the refuelling point, applicable e-roaming costs and other fees or charges applied by the mobility service provider.
Amendment 530 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 9
Article 5 – paragraph 9
9. Member States shall take the necessary measures to ensure that appropriate signposting is deployed within parking and rest areas on the TEN-T road network where alternative fuels infrastructure is installed, to enable easy identification of the exact location of the alternative fuels infrastructure. Signposting for alternative fuels infrastructure on road networks shall be commensurate with conventional fuels.
Amendment 533 #
2021/0223(COD)
Proposal for a regulation
Article 5 – paragraph 11 a (new)
Article 5 – paragraph 11 a (new)
11a. The provisions specified in this Regulation shall not apply retroactively to publicly accessible recharging points installed before the date specified in Article 24.
Amendment 707 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. During the preparation of a draft national policy framework, a Member State may request a partial derogation, limited to a maximum of 15% of the mandatory targets set out in Article 4, subject to approval from the Commission.
Amendment 710 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that national policy frameworks take into account, as appropriate, the interests of regional and local authorities, in particular when recharging and refuelling infrastructure for public transport is concerned, as well as those of the stakeholders concerned, in particular transport and energy infrastructure providers.
Amendment 762 #
2021/0223(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Relevant, consistent and clear information shall be made available as regards motor vehicles which can be regularly fuelled with individual fuels placed on the market, or recharged by recharging points. That information shall be made available in motor vehicle manuals, at refuelling and recharging points, on motor vehicles and in motor vehicle dealerships in their territory. This requirement shall apply to all motor vehicles, and their motor vehicle manuals, placed on the market after 18 November20 March 20216.
Amendment 772 #
2021/0223(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a – point iv a (new)
Article 18 – paragraph 2 – point a – point iv a (new)
(iva) availability of weather protection and other service functions.
Amendment 64 #
2021/0218(COD)
Proposal for a directive
Recital 4
Recital 4
Amendment 117 #
2021/0218(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Modern renewable-based efficient district heating and cooling systems have demonstrated their potential to provide cost-effective solutions for integrating renewable energy, increased energy efficiency and energy system integration, facilitating the overall decarbonisation of the heating and cooling sector. To ensure this potential is constantly being harnessed, the annual increase of renewable energy and/or waste heat in district heating and cooling should be raised fromkept at 1 percentage point to 2.1 without changing theits indicative nature of this increase, reflecting the uneven development of this type of network across the Union.
Amendment 118 #
2021/0218(COD)
Proposal for a directive
Recital 26
Recital 26
(26) To reflect the increased importance of district heating and cooling and the need to steer the development of these networks towards the integration of more renewable energy, it is appropriate to enable Member States to set requirements to ensure the connection of third party suppliers of renewable energy and waste heat and cold with district heating or cooling networks systems above 25MW.
Amendment 169 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -a (new)
Article 1 – paragraph 1 – point -a (new)
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 9
Article 2 – paragraph 2 – point 9
Amendment 203 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 1a
Article 2 – paragraph 2 – point 1a
(1a) ‘quality roundwood’ means roundwood felled or otherwise harvested and removed, whose characteristics, such as species, dimensions, rectitude, and node density, make it suitable for industrial useuse in solid wood products, as defined and duly justified by Member States according to the relevant forest conditions. This does not include pre- commercial thinning operations or trees extracted from foreststhat are damaged, misshapen, undersize, or affected by fires, pests, diseases or damage due to abiotic factors ;
Amendment 259 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
3. Member States shall take measures to ensure that energy from biomass is produced in a way that minimises undue distortive effects on the biomass raw material market and harmful impacts on biodiversity. To that end , they shall take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in the third subparagraph.
Amendment 300 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3 – paragraph 3 – subparagraph 2 – point a – point iii
Article 3 – paragraph 3 – subparagraph 2 – point a – point iii
Amendment 628 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point c
Article 1 – paragraph 1 – point 16 – point c
Directive (EU) 2018/2001
Article 27 – paragraph 1a
Article 27 – paragraph 1a
Amendment 638 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point e – point ii
Article 1 – paragraph 1 – point 16 – point e – point ii
Directive 2018/2001/EU
Article 27 – paragraph 3 – subparagraph 4
Article 27 – paragraph 3 – subparagraph 4
Where electricity is used for the production of renewable fuels of non-biological origin, either directly or for the production of intermediate products, the average share of electricity from renewable sources in the country of production, as measured twoin the last years before the year in question, shall be used to determine the share of renewable energy.;
Amendment 648 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive (EU)2018/2001
Article 29
Article 29
Amendment 849 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20 – point d
Article 1 – paragraph 1 – point 20 – point d
Directive (EU) 2018/2001
Article 30 – paragraph 6 – subparagraph 4
Article 30 – paragraph 6 – subparagraph 4
For installations producing electricity heating and cooling with a total rated thermal input between 5 and 120 MW, Member States shall establish simplified national verification schemes to ensure the fulfillment of the sustainability and greenhouse gas emissions criteria set out in paragraphs (2) to (7) and (10) of Article 29.;
Amendment 156 #
2021/0214(COD)
Proposal for a regulation
Recital 9
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 of carbon leakage resulting from the increased Union climate ambition. These political guidelines could lead to a significant increase in global emissions if the issue of substitutions with non EU/EEA products in global trade flows remains unaddressed.
Amendment 179 #
2021/0214(COD)
Proposal for a regulation
Recital 10
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 allocatSuch measures are based on strict benchmarks set by the best performing installations so that they preserve an incentive to reduce emissions under the EU ETS weakens the price signal that the system providesand provide a carbon price signal for emissions above the benchmark level; they have proven so foar the installations receiving it compared to full auctioning o be effective in mitigating the risk of carbon leakage, although in the context of lower carbon prices thand thus affects the incentives for investment into further abatement of emissionsose experienced recently and those forecasted by 2030.
Amendment 194 #
2021/0214(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to strengthen carbon leakage protection in view of higher EU climate ambition by 2030 and thereafter 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 and by ensuring that EU products exported in the global market are not replaced by more carbon intensive products, which would undermine the objective of reducing global emissions. As indicated in the Impact Assessment accompanying the Commission proposal, “changes in employment are largely driven by the presence (or not) of free allocation”, since retaining free allocation results in better impact on employment. 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 as of 2030 after a test phase and an assessment by the Commission has proven the effectiveness of the CBAM regulation in terms of protection from the risk of carbon leakage both for imports and exports. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union.
Amendment 241 #
2021/0214(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) While the objective of the CBAM is to prevent the risk of carbon leakage, this Regulation wshould 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. This scheme aims at boosting the export of more sustainable products manufactured in the EU and avoid substitutes at a global level less sustainable and with higher carbon footprint.
Amendment 254 #
2021/0214(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) CBAM is unlikely to provide a profound incentive for other countries to introduce their own systems of carbon pricing, once they realise that the global economy is gradually shifting away from the Union towards emerging and middle- income countries and that such a system would damage their total export and domestic consumption.
Amendment 259 #
2021/0214(COD)
Proposal for a regulation
Recital 13
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 to guarantee an equal treatment to domestic and imported products. The CBAM is a climate measure impacting the competitiveness of EU industries which should prevent the risk of carbon leakage and support the Union’s climate goals, while ensuring WTO compatibility and representing a step towards levelling the competitive playing field for sectors under CBAM without neglecting export competitiveness of EU industries. It is necessary to have a pragmatic and in depth assessment of trade implications before continuing the political process of CBAM and the extension of its scope.
Amendment 284 #
2021/0214(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation should apply to goods imported into the customs territory of the Union from third countries, except where their production has already been subject to the EU ETS, whereby it applies to third countries or territories, or to a carbon pricing system fully linked with the EU ETS. Exceptions will be only granted to those goods subject to carbon costs equal to the ones incurred by EU producers under EU ETS.
Amendment 288 #
2021/0214(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to exclude from the CBAM third countries or territories fully integrated into, or linked, to the EU ETS in the event of future agreements, the power to adopt acts in accordance with Article 290 of TFEU should be delegated to the Commission in respect of amending the list of countries in Annex II. Conversely, those third countries or territories should be excluded from the list in Annex II and be subject to CBAM whereby they do not effectively charge the ETS price on goods exported to the Union. The Commission will monitor and address the potential circumvention practices in third countries.
Amendment 298 #
2021/0214(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) If CBAM is not properly implemented, there is a risk that CBAM might lead to severe restrictions on key commodities whilst increasing the Union's geopolitical vulnerability and dependency from third countries.
Amendment 314 #
2021/0214(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) In order to prevent carbon leakage, it is imperative to preserve the competitiveness of European industry at global level. The CBAM will only be effective if appropriate measures are taken to not undermine the capacity of European industries to compete in third countries markets. A review mechanism will guarantee that the CBAM phase in takes into consideration eventual distortions in its implementation.
Amendment 317 #
2021/0214(COD)
Proposal for a regulation
Recital 19
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 should not establish quantitative limits to import, so as to ensure that trade flows are not restricted. Moreover, while the EU ETS applies to installations based in the Union, the CBAM should be progressively applied to certain goods imported into the customs territory of the Union. An extension of the scope will follow the legislative ordinary procedure to provide legal certainty to economic operators.
Amendment 328 #
2021/0214(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to preserve its effectiveness as a carbon leakage measure, the CBAM needs to reflect closely the EU ETS price. While on the EU ETS market the price of allowances is determined through auctions, the price of CBAM certificates should reasonably reflect the price of such auctions through averages calculated on a weekly basis. Such weekly average prices reflect closely the price fluctuations of the EU ETS and allow a reasonable margin for importers to take advantage of the price changes of the EU ETS while at the same ensuring that the system remains manageable for the administrative authorities. The CBAM should provide a better carbon leakage protection than the existing regulatory framework.
Amendment 360 #
2021/0214(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Whilst the ultimate objective of the CBAM is a broad product coverage, it would be prudent to start with a selected number of sectors with relatively homogeneous products where there is a risk of carbon leakage or circumvention practices . 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).
Amendment 407 #
2021/0214(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38a) The Commission should prepare a report before the end of the transitional period on the impact of CBAM on downstream sectors, in particular regarding the potential increase in costs of production and increase of cost of input materials and the ability of such sectors to pass any such increases to their customers. The Commission should propose measures to address any negative impact of CBAM on the competitiveness of the Union downstream sectors.
Amendment 422 #
2021/0214(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46a) This regulation prohibits practices of circumvention where a change in the pattern of trade between third countries and the Union or between individual companies or within the same undertaking in relation with products included in the scope of this regulation, whether slightly modified or not, stems from a practice, process or work that have insufficient due cause or economic justification other than avoiding obligations as laid down in this regulation. Those practices should include 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 thereby avoiding the payment of the levy.
Amendment 425 #
2021/0214(COD)
Proposal for a regulation
Recital 46 b (new)
Recital 46 b (new)
(46b) Reporting, verification, traceability and monitoring are key aspects for a proper functioning of the CBAM. A clear and quick procedure will be set up to ensure that when a possible circumvention or a lack of CBAM compliance occurs, that they are solved in a reduced time to avoid both circumvention but also trade disruptions.
Amendment 443 #
2021/0214(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) A transitional period should apply during the period 2023 until 20256. A CBAM without financial adjustment should apply, with the objective to facilitate a smooth roll out of the mechanism hence reducing the risk of disruptive impacts on trade. Declarants should have to report on a quarterly basis the actual embedded emissions in goods imported during the transitional period, detailing direct and indirect emissions as well as any carbon price paid abroad.
Amendment 448 #
2021/0214(COD)
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50a) If after the initial transitional period the data collected by the European Commission shows that the CBAM cannot effectively protect against carbon leakage addressing the reduction of global emissions, further phase in of CBAM and phase out of free allocation of emission allowances should be suspended until an effective solution can be implemented through a new legislative proposal.
Amendment 462 #
2021/0214(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the 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 and possibilities to improve carbon leakage measures. The Commission shouldall, as part of that evaluation, initiate collection of information necessary to possibly extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakage, including downstream products using goods covered by the CBAM, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . With regard to indirect emissions, the evaluation shall take into account the exposure of EU producers to carbon costs passed on in electricity prices due to the functioning of the EU energy market. __________________ 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).
Amendment 472 #
2021/0214(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the 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 and its impact on competitiveness of EU industry. The Commission shouldall, as part of that evaluation, initiate collection of information necessary to possibly extend the scope to indirect emissions, as well as to other goodssectors, goods and downstream products of the goods listed in Annex I and services at risk of carbon leakage, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . __________________ 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).
Amendment 506 #
2021/0214(COD)
Proposal for a regulation
Recital 54
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.
Amendment 522 #
2021/0214(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) In order to remedy circumvention of the provisions of this Regulation, the power to adopt acts in accordance with Article 290 of TFEUFor CBAM to achieve its objectives, circumvention in all its forms, including slight modification of products, transhipments and resource shuffling, should be delegataddressed toby the Commission in respect of supplementing the list of goods in Annex Iis Regulation. Commission should take any necessary action to remedy circumvention.
Amendment 538 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 1
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 and to establish a level playing field between domestic and imported products.
Amendment 555 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The mechanism willshould progressively become an alternativecomplementary 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, if it has proven to be effective to prevent the risk of carbon leakage both for imports into or exports from the customs territory of the Union, and without prejudice to maintaining EU ETS allowances free of charge at benchmark level until a test period with actual surrendering obligation by declarants running until 2030.
Amendment 589 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Imported goods shall be considered as originating in third countries in accordance with non-preferential rules of origin as defined in Article 59 of Regulation (EU) No 952/2013. Default values applicable under Article 7(2) and Annex III of this Regulation shall be applied based on the country where emissions took place, regardless of the origin of goods.
Amendment 621 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11
Article 2 – paragraph 11
11. The Commission is empowered to adopt delegated actstable a legislative proposal in accordance with Article 28 to amend the lists in Annex II, Sections A or B, depending on whether the conditions in paragraphs 5, 7 or 9 are satisfied.
Amendment 629 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 12
Article 2 – paragraph 12
12. The Union, may should conclude agreements with third countries with a view to take account of carbon pricing mechanisms in these countries in the application of Article 9and to promote creation of carbon pricing mechanisms and carbon reduction measures of equivalent efficiency other than carbon pricing mechanisms in these countries in the application of Article 9. Such agreements shall not lead to undue preferential treatment of imports from the third countries as regards the CBAM certificates to be surrendered and cannot take into account any carbon pricing mechanisms that are considered to be practices of circumvention within the meaning of Article 27(2).
Amendment 670 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 28 a (new)
Article 3 – paragraph 1 – point 28 a (new)
(28a) Verifier is a legal person accredited either according to the criteria of this Regulation or of Implementing Regulation (EU) No 2018/2067.
Amendment 684 #
2021/0214(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point h a (new)
Article 5 – paragraph 3 – point h a (new)
(ha) the name and contact details of the third country competent authority in charge of collecting the carbon price paid by the operator in that third country, when relevant
Amendment 709 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The Commission is empowered to adopt implementing acts concerning detailed rules regarding the elements of the calculation methods set out in Annex III, including determining system boundaries of production processes, emission factors, installation-specific values of actual emissions and default values and their respective application to individual goods as well as laying down methods to ensure the reliability of data on the basis of which the default values shall be determined, including the level of detail and the verification of the data. Where necessary, those acts shall provide that the default values can be adapted to particular areas, regions or countries to take into account specific objective factors such as geography, natural resources, market conditions, prevailing energy sources, or industrial processes. The implementing acts shall build upon existing legislation for the verification of emissions and activity data for installations covered by Directive 2003/87/EC, in particular Implementing Regulation (EU) No 2018/2067.
Amendment 737 #
2021/0214(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
The Commission is empowered to adopt implementing acts concerning the principles of verification referred to in paragraph 1 as regards the possibility to waive the obligation for the verifier to visit the installation where relevant goods are produced and the obligation to set thresholds for deciding whether misstatements or non-conformities are material and concerning the supporting documentation needed for the verification report. Provisions laid down in such implementing acts shall be equivalent to the provisions set in Regulation 2018/2067.
Amendment 740 #
2021/0214(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
The Commission is empowered to adopt implementing acts concerning the principles of verification referred to in paragraph 1 as regards the possibility to waive the obligation for the verifier to visit the installation where relevant goods are produced and the obligation to set thresholds for deciding whether misstatements or non-conformities are material and concerning the supporting documentation needed for the verification report. Such implementing acts shall be equivalent to the provisions set in Regulation 2018/2067
Amendment 747 #
2021/0214(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The authorised declarant shall keep records of the documentation, certified by an independent person, verifier accredited pursuant to Article 18 and in line with the competences established in Article 8(1) concerning the verification of embedded emissions. The accredited verifier is required to demonstrate that the declared embedded emissions were subject to a carbon price in the country of origin of the goods and keep evidence of the proof of the actual payment for that carbon price which should not have been subject to an export rebate or any other form of compensation on exportation.
Amendment 759 #
2021/0214(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The authorised declarant shall keep records of the documentation, certified by an independent personaccredited verifier, required to demonstrate that the declared embedded emissions were subject to a carbon price in the country of origin of the goods and keep evidence of the proof of the actual payment for that carbon price which should not have been subject to an export rebate or any other form of compensation on exportation.
Amendment 766 #
2021/0214(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Commission is empowered to adopt implementing acts establishing the methodology for calculating the reduction in the number of CBAM certificates to be surrendered, regarding the conversion of the carbon price paid in foreign currency into euro at yearly average exchange rate in accordance with paragraph 1, and regarding the qualifications of the independent personaccredited verifier certifying the information as well as elements of proof of the carbon price paid and the absence of export rebates or other forms of compensation on exportation being applied as referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2).
Amendment 771 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission shall, upon request by a register the information on operators of an installations located in a third country, register the information on that operator and on itsies and on those installations in a central database referred to in Article 14(4).
Amendment 789 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The operator may, at any timefter 10 years, ask to be deregistered from the database.
Amendment 839 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The information in the database referred to in paragraph 2 shall be confidentialpublic and accessible unless considered as confidential business information.
Amendment 852 #
2021/0214(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. If irregularities are identified as a 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. Identified irregularities shall be corrected at the latest within one month from the day where they were identified, and, where appropriate, penalties pursuant to Article 27 shall apply.
Amendment 867 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) the declarant hasand the operators of installations located in third countries from whom the declarants sources goods have respectively not been involved in a serious infringement or repeated infringements of customs legislation, circumvention of antidumping or antisubsidy duties, taxation rules and market abuse rules and has no record of serious criminal offences relating to its economic activity during the five years preceding the application;
Amendment 877 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b a (new)
Article 17 – paragraph 1 – point b a (new)
(ba) The declarant has not infringed CBAM obligations and has not been involved in practices of circumvention in accordance with Article 27.
Amendment 908 #
2021/0214(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 910 #
2021/0214(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 920 #
2021/0214(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The competent authority may review the CBAM declaration within the period ending with the fourth year after the year in which the declaration should have been submitted. The review may consist in verifying the information provided in the CBAM declaration on the basis of the information communicated by the customs authorities in accordance with Article 25(2) and any other relevant evidence, and on the basis of any audit deemed necessary, including at the premises of the authorised declarant.
Amendment 924 #
2021/0214(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where a CBAM declaration in accordance with Article 6 has not been submitted, the competent authority of the Member State of establishment of the authorised declarant shall assess the CBAM obligations of that declarant on the basis of the information at its disposal and calculate the total number of CBAM certificates due at the latest by the 31 December of the fourth year following that when the CBAM declaration should have been submitted.
Amendment 955 #
2021/0214(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
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 scheme and to support European industries through the creations of sectoral funds to tackle competitive disadvantages triggered by CBAM.
Amendment 978 #
2021/0214(COD)
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. In case of repeated failure to surrender a number of CBAM certificates corresponding to the emissions embedded in goods imported during the previous year, or in case of submission of false or inaccurate information in the CBAM declaration, an authorized declarant, and any of its related parties, may be automatically excluded from the register for a period of 3 years from the date of exclusion. The respective verifier who has certified the accuracy of the information in the CBAM declaration has its certification withdrawn by the issuing national authority.
Amendment 989 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Practices of circumvention include a wide range of situations where a change in the pattern of trade in relation to goods included in the scope of this Regulation 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 i. This regulation prohibits practices of circumvention where a change in the pattern of trade between third countries and the Union or between individual companies or within the same undertaking in relation with products included in the scope of this regulation, whether slightly modified or not, stems from a practice, process or work that have insufficient due cause or economic justification othe scope ofr than avoiding obligations as laid down in this Rregulation.
Amendment 1031 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. A Member State or any party affected or benefitted by the situations described in paragraph 2 may notify the Commission if it is confronted, over a two- month period compared with the same period in the preceding year with a significant decrease in the volume of imporFollowing a complaint from an interested party or on its own initiative, the Commission may decide, following an investigation, to extend goods included in the scope ofobligations laid down in this Rregulation and an increase of volume of imports of slightly modified products, which are not included in the list of goods in Annex I. The Commission shall continually monitor any significant change of pattern of trade of goods and slightly modified products at Union level, in whatever way is necessary to prevent future circumvention of the Mechanism, when circumvention of the measures in force is taking place.
Amendment 1033 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. A Member State or any party affected or benefitted by the situations described in paragraph 2 may notify the Commission if it is confronted, over a two- month period compared with the same period in the preceding year with a significant decrease in the volume of imported goodsFollowing a complaint from a Member State or an interested party the Commission may decide, after investigation, to take the appropriate measures, included ing the scope of this Regulation and an increase of volume of imports of slightly modified products, which are not included in the list of goods in Annex Iwithdrawal of import authorisation, to avoid the circumvention of the mechanism. The Commission shall continually monitor any significant change of pattern of trade of goods and slightly modified products at Union level as well as other potential circumvention practices.
Amendment 1037 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 a (new)
Article 27 – paragraph 3 – subparagraph 1 a (new)
Circumvention practices include 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 thereby avoiding the payment of the levy. The Commission shall pay special attention to control the following non exhaustive list of circumvention practices: a) Substitution of products b) Slightly modified products c) Absorption of the CBAM levy d) Changes in the value chain e) Resource shuffling
Amendment 1040 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The notificatDecisions referred to in paragraph 3 shall state the reasons on which it is based and shall include relevant data and statistics regarding the goods and products referred to in paragraph 2be subject to the appeal procedure as set out in Article 30.
Amendment 1051 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Where the Commission, taking into account the relevant data, reports and statistics, including when provided by the customs authorities of Member States, has sufficient reasons to believe that the circumstances referred to in paragraph 3 are occurring in one or more Member States, it is empowered to adopt delegated acts in accordance with Article 28 to supplement the scope of this Regulation in ordInvestigations shall be initiated pursuant to this Article on the initiative of the Commission or at the request of a Member State or of any interested party on the basis of sufficient evidence regarding the factors set out in the second paragraph. Initiations shall be made by means of a Commission regulation which shall also instruct customs authorities of Member States to subject imports to registration. The Commission shall provide information to the Member States once an interested party or a Member State has submitted a request justifying the initiation of an investigation and the Commission has completed its analysis thereof, or where to include slightly modified products for anti-circumvention purposeshe Commission has itself determined that there is a need to initiate an investigation.
Amendment 1059 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5 a (new)
Article 27 – paragraph 5 a (new)
5a. Investigations shall be carried out by the Commission with the support of custom authorities and Member States. These investigations shall be concluded within nine months.
Amendment 1060 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5 a (new)
Article 27 – paragraph 5 a (new)
5a. Investigations shall be carried out by the Commission. The Commission may be assisted by customs authorities and the investigation shall be concluded in due time.
Amendment 1069 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5 b (new)
Article 27 – paragraph 5 b (new)
5b. The Commission Decision finding circumvention shall impose a penalty pursuant to Article 26 on an Authorised Declarant involved in the circumvention and, if appropriate, the operator of the installation located in the third country that is linked to the Authorised Declarant. Where appropriate, the penalty shall also entail the withdrawal of import authorisation and be extended to the operator.
Amendment 1070 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5 b (new)
Article 27 – paragraph 5 b (new)
5b. The Commission shall make public all cases of circumvention, the results of the investigation and the potential penalties. The Commission shall present an annual report including all relevant information on circumvention cases.
Amendment 1078 #
2021/0214(COD)
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Article 27 a Absorption 1. Where any party submits sufficient information showing that, after the entry into force of this Regulation, an Authorised Declarant has been absorbing the cost of the CBAM Certificates, such that there has been no movement, or insufficient movement, in the resale prices or subsequent selling prices of the imported product in the Union, and that such situation has insufficient due cause or economic justification other than undermining the effects of the obligations as laid down in this Regulation, the Commission shall open an investigation. The Commission shall provide information to the Member States once a party has submitted sufficient information justifying the opening of the investigation and the Commission has completed its analysis thereof. 2. The investigation may also be opened, under the conditions set out in the first subparagraph, on the initiative of the Commission or at the request of a Member State. 3. During an investigation pursuant to this Article, any interested party shall be provided with an opportunity to clarify the situation with regard to resale prices and subsequent selling prices. 4. Investigations shall be carried out by the Commission. The Commission may be assisted by customs authorities and the investigation shall be concluded within nine months. 5. If it is concluded that the obligations as laid down in this Regulation should have led to movements in such prices, the Commission shall take appropriate measures to re-establish the effectiveness of the obligations as set out in this Regulations. Such measures imposed pursuant to this Article shall not exceed the amount of the penalties as set out in Article 26.
Amendment 1120 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. The Commission shall monitor and evaluate the CBAM effectiveness with regard to the risk of carbon leakage before phasing out free allocation to sectors at risk of carbon leakage covered by this regulation. To this end, the Commission shall, after consultation of the downstream sectors, present a legislative proposal to the European Parliament and the Council.
Amendment 1126 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the endstart of the transitional periodremoval of free allowances under ETS, the Commission shall present a report to the European Parliament and the Council on the transitional application of this Regulation. The report shall contain, in particular, the assessment of the possibilities and assess if the conditions are in place for the effective implementation of a CBAM before phasing out free allocations. The report by the European Commission shall be accompanied by a legislative proposal to amend the scope of this regulation, including if the assessment of the effectiveness of the CBAM in tackling carbon leakage shows that EU ETS allowances allocated free of charge in accordance with Article 10a of Directive 2003/87 remain necessary to prevent the risk of carbon leakage after 2030 The report shall contain, in particular, the assessment to further extend the scope of embedded emissions to indirect emissions and to other sectors and goods at risk of carbon leakage than those already covered by this Regulation, such as downstream products using goods 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.
Amendment 1128 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period, the Commission shall presensubmit a report to the European Parliament and the Council on the transitional application of this Regulation. The report shall contain, in particular,: (a) 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,, with a particular focus on energy-intensive sectors and any potential loss of indirect ETS cost compensation under Article 10a(6) of Directive 2003/87/EC; (b) the assessment of the possibilities to further extend the scope of CBAM to other goods at risk of carbon leakage than those already covered by this Regulation; (c) the impact of CBAM on downstream users with a proposal to remedy any negative impact on the competitiveness of such users; (d) 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.
Amendment 1150 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
Amendment 1161 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The report by the Commission shall, if appropriate, be accompani be accompanied by a legislative proposal. Impacted sectors addressed by athe legislative proposal. shall be informed at least two years ahead of its publication and fully involved in the consultation process by the European Commission.
Amendment 1169 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. A legislative proposal shall be presented at least one year before the start of removal of free allowances in ETS, to prevent distortion of competition in the EU and on global markets, that will occur as an indirect effect from the removal of free allocations of ETS, between products containing goods as listed under Annex I produced in the EU and those produced in third countries. The legislative proposal shall take into account Article 2.5to prevent carbon leakage and be in line with WTO rules.
Amendment 1184 #
2021/0214(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30 a Further review and reporting by the Commission of the import provisions of the CBAM 1. Following the transitional period, the Commission shall introduce a two-year testing period during which it shall collect and verify data on the surrendering obligations set in Article 22 in order to assess the effectiveness of the CBAM in addressing the risk of carbon leakage. 2. In 2029, the European Commission shall present a report to the European Parliament and the Council regarding the effectiveness of the CBAM based on the data collected according to paragraph 1. The report by the European Commission may be accompanied by a legislative proposal to amend the scope of this Regulation, including if the assessment of the effectiveness of the CBAM in tackling carbon leakage shows that EU ETS allowances allocated free of charge in accordance with Article 10a of Directive 2003/87/EC remain necessary to prevent the risk of carbon leakage after 2030.
Amendment 1205 #
2021/0214(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 1229 #
2021/0214(COD)
Proposal for a regulation
Article 35 – paragraph 6
Article 35 – paragraph 6
6. The Commission is empoweredshall to adopt implementing acts concerning the information to be reported, the procedures for communicating the information referred to in paragraph 3 and the conversion of the carbon price paid in foreign currency into euro at yearly average exchange rate. The Commission is also empowered toshall adopt implementing acts to further define the necessary elements of the calculation method set out in Annex III, including determining system boundaries of production processes, emission factors, installation-specific values of actual emissions and their respective application to individual goods as well as laying down methods to ensure the reliability of data, including the level of detail and the verification of this data. The Commission is further empowered toshall adopt implementing acts to develop a calculation method for indirect emissions embedded in imported goods.
Amendment 117 #
2021/0211(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(12) thereof,
Amendment 128 #
2021/0211(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The European Green Deal combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the EU by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where economic growth is decoupled frompendent on sustainable and responsible resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well- being of citizens from environment-related risks and impacts. Simultaneously, the intent is to create conditions for a dignified life for Europeans with access to affordable sustainable energy to meet their necessities for life. At the same time, this transition affects women and men differently and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities and persons with a minority racial or ethnic background. It must therefore be ensured that the transition is just and inclusive, leaving no one behind.
Amendment 143 #
2021/0211(COD)
Proposal for a directive
Recital 7
Recital 7
(7) All sectors of the economy need to contribute to achieving those emission reductions. Therefore, the ambition of the EU Emissions Trading System (EU ETS), established by Directive 2003/87/EC of the European Parliament and of the Council41 to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner, should be increased in a manner commensurate with this economy-wide net greenhouse gas emissions reduction target for 2030 and at the same time, constantly to assess the impacts of the EU ETS on the development of production and energy sectors in order to provide a tool to support the transition, not to attenuate the economic activity. _________________ 41 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 152 #
2021/0211(COD)
Proposal for a directive
Recital 8
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. 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.
Amendment 175 #
2021/0211(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Greenhouse gases that are not directly released into the atmosphere should be considered emissions under the EU ETS and allowances should be surrendered for those emissions unless they are stored in a storage site in accordance with Directive 2009/31/EC of the European Parliament and of the Council46 , or they are permanently chemically bound in a product so that they do not enter the atmosphere under normal use, or they are captured and used to produce recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin. The Commission should be empowered to adopt implementing acts specifying the conditions where greenhouse gases are to be considered as permanently chemically bound in a product so that they do not enter the atmosphere under normal use, including obtaining a carbon removal certificate, where appropriate, in view of regulatory developments with regard to the certification of carbon removals. _________________ 46Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).
Amendment 241 #
2021/0211(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Achieving the Union’s emissions reduction target for 2030 will require a reduction in the emissions of the sectors covered by the EU ETS of 61 % compared to 2005. The Union-wide quantity of allowances of the EU ETS needs to be reduced to create the necessary long-term carbon price signal and drive for this degree of decarbonisation. To this end, the linear reduction factor should be increased, also taking into account the inclusion of emissions from maritime transport. The latter should be derived from the emissions from maritime transport activities reported in accordance with Regulation (EU) 2015/757 for 2018 and 2019 in the Union, adjusted, from year 2021, by the linear reduction factor.
Amendment 247 #
2021/0211(COD)
Proposal for a directive
Recital 27
Recital 27
Amendment 264 #
2021/0211(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Achieving the increased climate ambition will require substantial public resources in the EU as well as national budgets to be dedicated to the climate transition. To complement and reinforce the substantial climate-related spending in the EU budget, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes and for mitigation transformation risks. This includes the use for financial support to address social aspects in lower- and middle-income households by reducing distortive taxes. Further, to address distributional and social effects of the transition in low-income Member States, an additional amount of 23,5 % of the Union-wide quantity of allowances from [year of entry into force of the Directive]2021 to 2030 should be used to fund the energy transition of the Member States with a gross domestic product (GDP) per capita below 65 % of the Union average in 2016-2018, through the Modernisation Fund referred to in Article 10d of Directive 2003/87/EC.
Amendment 275 #
2021/0211(COD)
Proposal for a directive
Recital 29
Recital 29
Amendment 287 #
2021/0211(COD)
Amendment 327 #
2021/0211(COD)
Proposal for a directive
Recital 31
Recital 31
(31) In order to better reflect technological progress and adjust the corresponding benchmark values to the relevant period of allocation while ensuring emission reduction incentives and properly rewarding innovation, the maximum adjustment of the benchmark values should be increased from 1,6 % to 2,51,9 % per year. For the period from 2026 to 2030, the benchmark values should thus be adjusted within a range of 4 % to 5038 % compared to the value applicable in the period from 2013 to 2020.
Amendment 380 #
2021/0211(COD)
Proposal for a directive
Recital 38
Recital 38
(38) The scope of the Modernisation Fund should be akept in ligned 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. In addition, the percentage of the Modernisation Fund that needs to be devoted to priority investments should be increased to 870 %; 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.
Amendment 391 #
2021/0211(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Renewable liquid and gaseous fuels of non-biological origin and recycled carbon fuels can be important to reduce greenhouse gas emissions in sectors that are hard to decarbonise. Where recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin are produced from captured carbon dioxide under an activity covered by this Directive, the emissions should be accounted under that activity where the CO2 is emitted into the atmosphere. To ensure that renewable fuels of non-biological origin and recycled carbon fuels contribute to greenhouse gas emission reductions and to avoid double counting for fuels that do so, it is appropriate to explicitly extend the empowerment in Article 14(1) to the adoption by the Commission of implementing acts laying down the necessary adjustments for how and where to account for the eventual release of carbon dioxide and how to avoid double counting to ensure appropriate incentives are in place for capturing the CO2, taking also into account the treatment of these fuels under Directive (EU) 2018/2001.
Amendment 417 #
2021/0211(COD)
Proposal for a directive
Recital 43
Recital 43
Amendment 439 #
2021/0211(COD)
Proposal for a directive
Recital 44
Recital 44
Amendment 453 #
2021/0211(COD)
Proposal for a directive
Recital 45
Recital 45
Amendment 463 #
2021/0211(COD)
Proposal for a directive
Recital 46
Recital 46
Amendment 468 #
2021/0211(COD)
Proposal for a directive
Recital 47
Recital 47
Amendment 482 #
2021/0211(COD)
Proposal for a directive
Recital 48
Recital 48
Amendment 489 #
2021/0211(COD)
Proposal for a directive
Recital 49
Recital 49
Amendment 502 #
2021/0211(COD)
Proposal for a directive
Recital 50
Recital 50
Amendment 508 #
2021/0211(COD)
Proposal for a directive
Recital 51
Recital 51
Amendment 521 #
2021/0211(COD)
Proposal for a directive
Recital 52
Recital 52
Amendment 540 #
2021/0211(COD)
Proposal for a directive
Recital 53
Recital 53
Amendment 544 #
2021/0211(COD)
Proposal for a directive
Recital 54
Recital 54
Amendment 552 #
2021/0211(COD)
Proposal for a directive
Recital 55
Recital 55
Amendment 561 #
2021/0211(COD)
Proposal for a directive
Recital 56
Recital 56
Amendment 569 #
2021/0211(COD)
Proposal for a directive
Recital 57
Recital 57
Amendment 581 #
2021/0211(COD)
Proposal for a directive
Recital 58
Recital 58
Amendment 596 #
2021/0211(COD)
Proposal for a directive
Recital 59
Recital 59
(59) In order to ensure uniform conditions for the implementation of Articles 3gd(3), 12(3b) and 14(1) of Directive 2003/87/EC, implementing powers should be conferred on the Commission. To ensure synergies with the existing regulatory framework, the conferral of implementing powers in Articles 14 and 15 of that Directive should be extended to cover the sectors of road transport and buildings. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council65 . _________________ 65Regulation (EU) No 182/2011 of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.02.2011, p. 13).
Amendment 608 #
2021/0211(COD)
Proposal for a directive
Recital 61
Recital 61
(61) A well-functioning, reformed EU ETS comprising an instrument to stabilise the market is a key means for the Union to reach its agreed target for 2030 and the commitments under the Paris Agreement. The Market Stability Reserve seeks to address the imbalance between supply and demand of allowances in the market. Article 3 of Decision (EU) 2015/1814 provides that the reserve is to be reviewed three years after it becomes operational, paying particular attention to the percentage figure for the determination of the number of allowances to be placed in the Market Stability Reserve, the threshold for the total number of allowances in circulation (TNAC) that determines the intake of allowances, and the number of allowances to be released from the reserve. The amount of allowances held by entities that is not used to cover obligations under the EU ETS should not be included in the TNAC calculations to trigger market stability reserve thresholds.
Amendment 611 #
2021/0211(COD)
Proposal for a directive
Recital 62
Recital 62
(62) Considering the need to deliver a stronger investment signal to reduce emissions in a cost-efficient manner and with a view to strengthening the EU ETS, Decision (EU) 2015/1814 should be amended so as to increase the percentage rate for determining the number of allowances to be placed each year in the Market Stability Reserve. In addition, for lower levels of the TNAC, the intake should be equal to the difference between the TNAC and the threshold that determines the intake of allowances. This would prevent the considerable uncertainty in the auction volumes that results when the TNAC is close to the threshold, and at the same time ensure that the surplus reaches the volume bandwidth within which the carbon market is deemed to operate in a balanced manner.
Amendment 616 #
2021/0211(COD)
Proposal for a directive
Recital 63
Recital 63
Amendment 643 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2003/87/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to the activities listed in Annexes I and III, and to the of greenhouse gases listed in Annex II. Where an installation that is included in the scope of the EU ETS due to the operation of combustion units with a total rated thermal input exceeding 20 MW changes its production processes to reduce its greenhouse gas emissions and no longer meets that threshold, it shall remain in the scope of the EU ETS until the end of the relevant five year period referred to in Article 11(1), second subparagraph, following the change to its production process.
Amendment 654 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2003/87/EC
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘emissions’ means the release of greenhouse gases into the atmosphere from sources in an installation or the release from an aircraft performing an aviation activity listed in Annex I or from ships performing a maritime transport activity listed in Annex I of the gases specified in respect of that activity, or the release of greenhouse gases corresponding to the activity referred to in Annex III;;
Amendment 806 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
In [the year following entry into force of this amendment], the Union-wide quantity of allowances shall be decreased by [-- million allowances (to be determined depending on year of entry into force)]. In the same year, the Union-wide quantity of allowances shall be increased by 79 million allowances for maritime transport. Starting in [the year following entry into force of this amendment], the linear factor shall be 4,2 % until 2030. The Commission shall publish the Union-wide quantity of allowances within 3 months of [date of entry into force of the amendment to be inserted].;
Amendment 834 #
2021/0211(COD)
In addition, 23,5 % of the total quantity of allowances between [year following the entry into force of the Directive]2021 and 2030 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.
Amendment 842 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a a (new)
Article 1 – paragraph 1 – point 11 – point a a (new)
Directive 2003/87/EC
Article 10 – paragraphs 1a a to 1a c (new)
Article 10 – paragraphs 1a a to 1a c (new)
Amendment 850 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2003/87/EC
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. Member States shall determine the use of revenues generated from the auctioning of allowances, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget. Member States shall use 50 % of their revenues generated from the auctioning of allowances referred to in paragraph 2, with the exception of the revenues used for the compensation of indirect carbon costs referred to in Article 10a(6), for one or more of the following:;
Amendment 903 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d
Article 1 – paragraph 1 – point 11 – point d
Directive 2003/87/EC
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
Amendment 924 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraphs 2a and 2b
Article 10a – paragraph 1 – subparagraphs 2a and 2b
Amendment 979 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii
Article 1 – paragraph 1 – point 12 – point a – point ii
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
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 and district heating benchmark. By way of derogation from subparagraph 1, the ratios for district heating to be determined ensure the allocation of allowances in a way that provides an incentive to reduce greenhouse gas emissions. These indicators for the entire period referred to in Article 11, second paragraph, takes the value specified in Commission Implementing Regulation (EU) 2021/447 for the heat benchmark.;
Amendment 996 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a – paragraph 1a
Article 10a – paragraph 1a
Amendment 1080 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point i
Article 1 – paragraph 1 – point 12 – point c – point i
Directive 2003/87/EC
Article 10a – paragraph 2 - subparagraph 3 – point c
Article 10a – paragraph 2 - subparagraph 3 – point c
(c) For the period from 2026 to 2030, the benchmark values shall be determined in the same manner as set out in points (a) and (db) on the basis of information submitted pursuant to Article 11 for the years 2021 and 2022 and on the basis of applying the annual reduction rate in respect of each year between 2008 and 2028.; Installations where emissions from combustion of biomass that complies with the criteria set out pursuant to Article 14 contribute to more than 95 % of the total greenhouse gas emissions in years 2021 and 2022 shall not be taken into account in determination of benchmark values. The calculation of the annual reduction rate of each product benchmark shall only consider installations that were included in the initial determination of the respective product benchmark even though more installations may receive free allocation from such product benchmarks as a result of the modification of benchmark definitions and system boundaries pursuant to Article 10a(1), fifth subparagraph.;
Amendment 1098 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii
Article 1 – paragraph 1 – point 12 – point c – point ii
Directive 2003/87/EC
Article 10a – paragraph 2 - subparagraph 3 - point d
Article 10a – paragraph 2 - subparagraph 3 - point d
(d) Where the annual reduction rate exceeds 2,51,9 % 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. By way of derogation from the previous point, the maximum annual reduction rate of the fuel and heat fall back benchmarks shall remain at 1,6 %.;
Amendment 1113 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point iii
Article 1 – paragraph 1 – point 12 – point c – point iii
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 4
Article 10a – paragraph 2 – subparagraph 4
Amendment 1128 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d a (new)
Article 1 – paragraph 1 – point 12 – point d a (new)
Directive 2003/87/EC
Article 10a – paragraphs 5a and 5b
Article 10a – paragraphs 5a and 5b
(da) paragraphs 5a and 5b are replaced by the following: “5a. By way of derogation from paragraph 5, an additional amount of up to 35 % of the total quantity of allowances shall, to the extent necessary, be used to increase the maximum amount of free allocation available under paragraph 5. 5b. Where less than 35 % of the total quantity of allowances is needed to increase the maximum amount available under paragraph 5: —- a maximum of 50 million allowances shall be used to increase the amount of allowances available to support innovation in accordance with Article 10a(8); and —- a maximum of 0,5 % of the total quantity of allowances shall be used to increase the amount of allowances available to modernise the energy systems of certain Member States in accordance with Article 10d.”
Amendment 1151 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1 a (new)
Article 10a – paragraph 6 – subparagraph 1 a (new)
The list of sectors or subsectors considered as exposed to a genuine risk of carbon leakage due to significant indirect costs shall be determined following the methodology foreseen under Article 10b(1). Accordingly, sectors and subsectors in relation to which the product resulting from multiplying their intensity of trade by their indirect emission intensity, divided by their gross value added, exceeds 0,2, shall be deemed to be at risk of indirect carbon leakage. Furthermore the determination of eligibility shall include qualitative assessments, taking into account the criteria mentioned in Articles 10b(2), points (a), (b) and (c), and assessments at a 6-digit or an 8-digit level (Prodcom) for sectors for which the above mentioned product does not exceed 0,2 but exceeds 0,15 and for sectors that have previously been assessed at Prodcom level in the context of Article 10b. ;
Amendment 1171 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 1
Article 10a – paragraph 8 – subparagraph 1
365 million allowances from the quantity which could otherwise be allocated for free pursuant to this Article, and 85 million allowances from the quantity which could otherwise be auctioned pursuant to Article 10, as well as the allowances resulting from the reduction of free allocation referred to in Article 10a(1a), shall be made available to a Fund with the objective of supporting innovation in low-carbon technologies and processes, and contribute to zero pollution objectives (the ‘Innovation Fund’). Allowances that are not issued to aircraft operators due to the closure of aircraft operators and which are not necessary to cover any shortfall in surrenders by those operators, shall also be used for innovation support as referred to in the first subparagraph.
Amendment 1190 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 3
Article 10a – paragraph 8 – subparagraph 3
The Innovation Fund shall cover the sectors listed in Annex I and Annex III, including environmentally safe carbon capture and utilisation (“CCU”) that contributes substantially to mitigating climate change, as well as products substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of projects aimed at the environmentally safe capture and geological storage (“CCS”) of CO2, as well as of innovative renewable energy and energy storage technologies; in geographically balanced locations. Likewise, the investments in hydrogen technologies shall be encouraged. The Innovation Fund may also support break- through innovative technologies and infrastructure to decarbonise the maritime sector and for the production of low- and zero-carbon fuels in aviation, rail and road transport. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support innovation in low carbon technologies, CCU, CCS, renewable energy and energy storage, in a way that contributes to mitigating climate change.
Amendment 1213 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 6
Article 10a – paragraph 8 – subparagraph 6
Projects shall be selected on the basis of objective and transparent criteria, taking into account the need to ensure the fair geographical distribution of the projects, the level of emissions in a given Member State to define relevant emissions savings achieved by a given project and, where relevant, the extent to which projects contribute to achieving emission reductions well below the benchmarks referred to in paragraph 2. Projects shall have the potential for widespread application or to significantly lower the costs of transitioning towards a low-carbon economy in the sectors concerned. Projects involving CCU shall deliver a net reduction in emissions and ensure avoidance or permanent storage of CO2. In the case of grants provided through calls for proposals, up to 60 % of the relevant costs of projects may be supported, out of which up to 40 % need not be dependent on verified avoidance of greenhouse gas emissions, provided that pre-determined milestones, taking into account the technology deployed, are attained. In the case of support provided through competitive bidding and in the case of technical assistance support, up to 100 % of the relevant costs of projects may be supported.
Amendment 1243 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2003/87/EC
Article 10d – paragraph 1 – subparagraph 2
Article 10d – paragraph 1 – subparagraph 2
The investments supported shall be consistent with the aims of this Directive, as well as the objectives of the Communication from the Commission of 11 December 2019 on The European Green Deal (*) and Regulation (EU) 2021/1119 of the European Parliament and of the Council (**) and the long-term objectives as expressed in the Paris Agreement. No support from the Modernisation Fund shall be provided to energy generation facilities that use solid fossil fuels.”;
Amendment 1255 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – introductory part
Article 10d – paragraph 2 – introductory part
2. At least 870 % of the financial resources from the Modernisation Fund shall be used to support investments in the following:
Amendment 1265 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – point a a (new)
Article 10d – paragraph 2 – point a a (new)
(aa) the generation of energy by hydrogen generators;
Amendment 1302 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point -a (new)
Article 1 – paragraph 1 – point 15 – point -a (new)
Directive 2003/87/EC
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
Amendment 1338 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Article 1 – paragraph 1 – point 15 – point e
Directive 2003/87/EC
Article 12 – paragraph 3 b – subparagraph 1
Article 12 – paragraph 3 b – subparagraph 1
An obligation to surrender allowances shall not arise in respect of emissions of greenhouse gases which are considered to have been captured and utilised to become permanently chemically bound in a product so that they do not enter the atmosphere under normal use and in respect of greenhouse gases that are captured and used to produce recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin.
Amendment 1380 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 c (new)
Article 1 – paragraph 1 – point 19 c (new)
Directive 2003/87/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
(19c) In Article 27, paragraph 1 is replaced by the following: "1. Following consultation with the operator, Member States may exclude from the installations which have reported to the competent authority emissions of less than 250 000 tonnes of carbon dioxide equivalent and, where they carry out combustion activities, have a rated thermal input below 35 MW, excluding emissions from biomass, in each of the three years preceding the notification under point (a), and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures applying to that installation that will achieve an equivalent contribution to emission reductions that are in place, before the list of installations pursuant to Article 11(1) has to be submitted and at the latest when this list is submitted to the Commission; (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 250 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year. Member States may allow simplified monitoring, reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 which are below 5 000 tonnes a year, in accordance with Article 14; (c) it confirms that if any installation emits 250 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the measures applying to that installation that will achieve an equivalent contribution to emission reductions are no longer in place, the installation will be reintroduced into the; (d) it publishes the information referred to in points (a), (b) and (c) for public comment. Hospitals may also be excluded if they undertake equivalent measures. " Or. en (Directive 2003/87/EC)
Amendment 1387 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Article 1 – paragraph 1 – point 19 b (new)
Directive 2003/87/EC
Article 29 a
Article 29 a
(19b) Article 29a is replaced by the following: Article 29a “Article 29a Measures in the event of excessive price fluctuations 1. IfWhere, for more than sixthree consecutive months, the allowance prverage price of allowance in the auctions carried out in accordance with the act adopted under Article 10(4) is more than three1,4 times the average price of allowances during the twosix preceding yearconsecutive months oin the European carbon market, the Commission shall immediately convene a meeting of the Committee esauctions for the allowances covered by this Chapter, the Commission shall, as a matter of urgency, adopt a decision to release 50 million allowances covered by this Chapter from the Market Stabilished byty Reserve in accordance with Article 91(7) of Decision No 280/2004/EC. 2. If the price evolution referred to in paragraph 1 does not correspond to changing market fundamentals, one of the following measures may be adopted, taking into account the degree of price evolution: (a) States to bring forward the auctioning of a part of the quantity to be auctioned; (b) States to auction up to 25 % of the remaining(EU) 2015/1814. 2. Where, for more than three consecutive months, the average price of allowance in the auctions carried out in accordance with the act adopted under Article 10(4) is more than 2,1 times the average price of allowances during the new entrants reserve. Those measures shall be adopted in accordance with the management procedure referred to in Article 23(4). 3. 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). six preceding consecutive months in the auctions for the allowances covered by this Chapter, the Commission shall, as a matter of urgency, adopt a decision to release 150 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1(7) of Decision (EU) 2015/1814." a measure which allows Member a measure which allows Member Any measure shall take utmost Or. en (Directive 2003/87/EC)
Amendment 1396 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 c (new)
Article 1 – paragraph 1 – point 19 c (new)
Directive 2003/87/EC
Article 29 a a (new)
Article 29 a a (new)
(19c) The following Article is inserted: “Article 29aa 1. The access to the EU ETS market shall be limited to entities that are installations, aviation and maritime operators with compliance obligations under the EU ETS. 2. Financial intermediaries may only purchase allowances on account of the entities mentioned in paragraph 1 and not their own. 3. The quantity of EU ETS allowances purchased during auctions by financial intermediaries shall not exceed what is needed to fulfil their contractual obligations towards entities mentioned in paragraph 1. 4. Article 6(5) of Commission Regulation (EU) No 1031/2010 shall be adjusted in accordance with paragraphs 1 and 2. 5. By 2025, the Commission shall issue a legislative proposal to enhance the supervision of the European carbon market, as well as related derivative markets. In particular, the Commission shall consider the need to establish a supervisory body with competences related to market intervention and sanctioning powers.”
Amendment 1414 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Chapter IV a
Chapter IV a
Amendment 1536 #
2021/0211(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
Decision (EU) 2015/2814
Article 1 – paragraph 4
Article 1 – paragraph 4
The total number of allowances in circulation in a given year shall be the cumulative number of allowances issued and not put in reserve in the period since 1 January 2008, including the number that were issued pursuant to Article 13(2) of Directive 2003/87/EC as in force until 18 March 2018 in that period and entitlements to use international credits exercised by installations under the EU ETS in respect of emissions up to 31 December of that given year, minus the cumulative tonnes of verified emissions from installations under the EU ETS between 1 January 2008 and 31 December of that same given year, any allowances cancelled in accordance with Article 12(4) of Directive 2003/87/EC.; The total number of allowances in circulation in a given year shall not take into account the amount of allowances held by entities that is not used to cover obligations under the EU ETS. The Commission is empowered to adopt implementing act to determine the number of allowances according to the previous sentence in accordance with the examination procedure referred to in Article 22a(2).
Amendment 1542 #
2021/0211(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Decision (EU) 2015/1814
Article 1 – paragraph 4 a – subparagraph 1
Article 1 – paragraph 4 a – subparagraph 1
As from [the year following the entry into force of this Directive]2026, the calculation of the total number of allowances in circulation shall include the number of allowances issued in respect of aviation and maritime transport since the beginning of that year, and the number of allowances surrendered by aircraft operators and ship operators in respect of emissions for which allowances are the units which can be used in respect of EU ETS obligations.
Amendment 1551 #
2021/0211(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 – subparagraph 1
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 20230, the percentage shall be doubled.
Amendment 1556 #
2021/0211(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 a
Article 1 – paragraph 5 a
Amendment 1571 #
2021/0211(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c a (new)
Article 2 – paragraph 1 – point 1 – point c a (new)
Decision (EU) 2015/1814
Article 1 – paragraph 7
Article 1 – paragraph 7
(ca) paragraph 7 is replaced by the following: "7. In any year, if paragraph 6 of this Article is not applicable and measures are adopted under Article 29a of Directive 2003/87/EC, 100 millionthe corresponding number of allowances shall be released from the reserve and added to the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC. Where Article 29a paragraph 2 of Directive 2003/87/EC is applicable and fewer than 100 million allowances are in the reserve, all allowances in the reserve shall be released under this paragraph. ”; Or. en (Decision 2015/1814)
Amendment 1578 #
2021/0211(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Decision (EU) 2015/1814
Article 1 a
Article 1 a
Amendment 1637 #
2021/0211(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1 and 2 of this Directive by 31 December 2023[12 months after the date of entry into force of this Directive], at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 40 #
2021/0206(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Therefore, a part of the revenues generated by the inclusion of building and road transportEU ETS within into the scope of Directive 2003/87/EC should be used to address the social impacts arising from that inclusion,costs generated by the EU climate policy for the transition to be just and inclusive, leaving no one behind.
Amendment 59 #
2021/0206(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) A Social Climate (‘the Fund’) should therefore be established to provide funds to the Member States to support their policies to address the social impacts of the emissions trading for buildings and road transportcosts generated by the EU climate change policies on vulnerable households, vulnerable micro-enterprises and vulnerable transport users. This should be achieved notably through temporary income support and measures and investments intended to reduce reliance on fossil fuels through increased energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to zero- and low-emission mobility and transport to the benefit of vulnerable households, vulnerable micro-enterprises and vulnerable transport users.
Amendment 81 #
2021/0206(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Ensuring that the measures and investments are particularly targeted towards energy poor or vulnerable households, vulnerable micro-enterprises and vulnerable transport users is key for a just transition towards climate neutrality. Support measures to promote reductions in greenhouse gas emissions should help Member States to address the social impacts arising from the emissions trading for the sectors of buildings and road transportcosts generated by the EU climate policy.
Amendment 83 #
2021/0206(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Pending the impact of those investments on reducing costs and emissions, well targeted direct income support for the most vulnerable would help the just transition. Such support should be understood to be a temporary measure accompanying the decarbonisation of the housing and transport sectors. It would not be permanent as it does not address the root causes of energy and transport poverty. Such support should only concern direct impacts of the inclusion of building and road transport into the scope of Directive 2003/87/EC, not electricity or heating costs related to the inclusion of power and heat production in the scope of that Directive. Eligibility for such direct income support should be limited in time.
Amendment 102 #
2021/0206(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Those amendments have differing economic and social impacts on the different sectors of the economy, on the citizens, and the Member States. In particular, the projected inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC of the European Parliament and the Council31 will on one hand impose an additional burden on Member States which, for historical and geological reasons, base their energy mix on fossil fuels, but on the other hand it should provide an additional economic incentive to invest into the reduction of fossil fuel consumption and thereby accelerate the reduction of greenhouse gas emissions. Combined with other measures, this should, in the medium to long term, reduce the costs for buildings and road transport, and provide new opportunities for job creation and investment. _________________ 31 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union (OJ L 275, 25.10.2003, p. 32).
Amendment 103 #
2021/0206(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The financial envelope of the Fund should, in principle, be commensurate to amounts corresponding to 25% of the expected revenues from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC in the period 2026-2032. Pursuant to Council Decision (EU, Euratom) 2020/205341 , Member States should make those revenues available to the Union budget as own resources. Member States are to finance 50% of the total costs of their Plan themselves. For this purpose, as well as for investment and measures to accelerate and alleviate the required transition for citizens negatively affected, Member States should inter alia use their expected revenues from emissions trading for buildings and road transport under Directive 2003/87/EC for that purpose. _________________ 41Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L 424, 15.12.2020, p. 1 be established from x% of the total quantity of allowances, and auctioned in accordance with the rules and modalities for auctions taking place on the Common Auction Platform set out in Commission Regulation (EU) No 1031/2010 (8).
Amendment 113 #
2021/0206(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) To ensure that support under the Plan can be effectively implemented from the initial years of the energy into force of the Social Climate Fund, it should be possible for a part of the financial contribution of Member States to be paid in the form of pre-finance.
Amendment 117 #
2021/0206(COD)
Proposal for a regulation
Recital 9
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 emialready disproportionately high in certain Member States and regions, and represents a burden leading to energy and transport poverty; this cost will indubitably increase as a consequence of EU policies to further the green transition passi on trading for buildingcosts to the consumers. These costs passed on to final consumers cand road transport pass differ for each company, region or Member State. The Commission should therefore collect data on the share onf costs on carbon to the consumers. absorbed and the share of costs passed on to final consumers and should annually report its findings to Parliament.
Amendment 123 #
2021/0206(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
The measures and investments supported by the Fund shall benefit households, micro-enterprises and transport users, which are vulnerable and particularly affected by the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/ECcosts generated by the EU climate policy, especially households in energy poverty and citizens without public transport alternative to individual cars (in remote and rural areas).
Amendment 128 #
2021/0206(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The increase in the price for fossil fuels maywill disproportionally affect vulnerable households, vulnerable micro- enterprises and vulnerable transport users who spend a larger part of their incomes on energy and transport, who, in certain regions, do not have access, and will not be able to achieve it in a reasonable time- frame without proper support, to alternative, affordable mobility and transport solutions and who may lack the financial capacity to invest into the reduction of fossil fuel consumption.
Amendment 135 #
2021/0206(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
The general objective of the Fund is to contribute to the transition towards climate neutrality by addressing the social impacts of the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/ECconsequences of the challenges of the green transition. The specific objective of the Fund is to support vulnerable households, vulnerable micro-enterprises and vulnerable transport users through temporary direct income support and through measures and investments intended to increase energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration and storage of energy from renewable sources, and granting improved access to zero- and low-emission mobility and transport.
Amendment 140 #
2021/0206(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Therefore, a part of the revenues generated by the inclusion of building and road transport intoEU ETS within the scope of Directive 2003/87/EC should be used to address the social impacts arising from that inclusioncosts generated by the EU climate policy, for the transition to be just and inclusive, leaving no one behind.
Amendment 154 #
2021/0206(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) This is even more relevant in view of the existing high levels of energy poverty, particularly in Central and Eastern Europe. Energy poverty is a situation in which households are unable to access essential energy services such as cooling, as temperatures rise, and heating. About 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6.9% of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey32 . Overall, the Energy Poverty Observatory estimates that more than 50 million households in the European Union experience energy poverty. Energy poverty is therefore a major challenge for the Union. While sSocial tariffs or direct income support are necessary in certain national conditions relating to energy mixes and fossil fuel dependency, and can provide immediate relief to households facing energy poverty, only; nevertheless, targeted structural measures, in particular cost-efficient and easy to implement energy renovations, can provide more lasting solutions. _________________ 32 Data from 2018. Eurostat, SILC [ilc_mdes01]).
Amendment 168 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘vulnerable micro-enterprises’ means micro-enterprises that are significantly affected by the price impacts of the inclusion of buildings into the scope of Directive 2003/87/ECcosts generated by the EU climate policy and lack the means to renovate the building they occupy;
Amendment 171 #
2021/0206(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) A Social Climate (‘the Fund’) should therefore be established to provide funds to the Member States to support their policies to address the social impacts of the emissions trading for buildings and road transportcosts generated by the EU climate change policies on vulnerable households, vulnerable micro-enterprises and vulnerable transport users. This should be achieved notably through temporary income support and measures and investments intended to reduce reliance on fossil fuels through increased energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to zero- and low-emission mobility and transport to the benefit of vulnerable households, vulnerable micro-enterprises and vulnerable transport users.
Amendment 183 #
2021/0206(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) A Social Climate (‘the Fund’) should therefore be established to provide funds to the Member States to support their policies to address the social impacts of the emissions trading for buildings and road transport on vulnerable households, vulnerable micro-enterprises and vulnerable transport users. This should be achieved notably through temporary income support and measures and investments intended to reduce reliance on and optimise the use of fossil fuels through increased energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to zero- and low- emission mobility and transport to the benefit of vulnerable households, vulnerable micro-enterprises and vulnerable transport users.
Amendment 188 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall submit to the Commission a Social Climate Plan (‘the Plan’) together with the update to the integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/1999 in accordance with the procedure and timeline laid down in that Article. The Plan shall contain a coherent set of measures and investments to address the impact of carbon pricingEU climate policy on vulnerable households, vulnerable micro- enterprises and vulnerable transport users in order to ensure affordable heating, cooling and mobility while accompanying and accelerating necessary measures to meet the climate targets of the Union.
Amendment 191 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Plan may include national measures providing temporary direct income support to vulnerable households and households that are vulnerable transport users to reduce the impact of the increase in the price of fossil fuels resulting from the inclusion of buildings and road transport into the scope of Directive 2003/87/ECEU climate policy.
Amendment 211 #
2021/0206(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) For that purpose, each Member State should submit to the Commission a Social Climate Plan (‘the Plan’). Those Plans should pursue two objectives. Firstly, they should provide vulnerable households, vulnerable micro-enterprises and vulnerable transport users the necessary resources to finance and carry out investments in energy efficiency, decarbonisation of heating and cooling, in zero- and low-emission vehicles and mobility and infrastructure. Secondly, they should mitigate the existing effects of energy poverty and transport poverty, as well as the impact of the increase in the cost of fossil fuels on the most vulnerable and thereby prevent further energy and transport poverty during the transition period until such investments have been implemented. The Plans should have an investment component promoting the long- term solution of reduce fossil fuels reliance and could envisage other measures, including temporary direct income support to mitigate adverse income effects in the shorter term.
Amendment 214 #
2021/0206(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The Plans submitted by the Member States should take into account the workforce needed for all stages of the green transition, including artisans as well as high-skilled green technology experts, applied scientists and innovators. The Plans should therefore foresee the need for reskilling and upskilling of workers to establish better opportunities for specialised craftsmen and high-skilled experts, in particular in jobs related to building renovation, such as the integration of energy from renewable sources, such as solar power and photovoltaic panels, insulation and installation of heat pumps, and alternative fuel infrastructure deployment, such as the deployment of charging stations for electric vehicles. Those measures and investments should feed into the relevant actions and programmes of the Member States for training, reskilling and upskilling as part of their implementation of the European Social Fund Plus established by Regulation (EU) 2021/1057 of the European Parliament and of the Council and of their territorial just transition plans under the Just Transition Fund established by Regulation (EU) 2021/1056 of the European Parliament and of the Council.
Amendment 241 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) an explanation of how the Plan ensures that no investment or measure, included in the Plan does significant harm to environmental objectives within the meaning of Article 17 of Regulation (EU) 2020/852; the Commission shall provide technical guidance to the Member States targeted to the scope of the Fund to that effect; no explanation is required for the measures referred to in Article 3(2);
Amendment 242 #
2021/0206(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Ensuring that the measures and investments are particularly targeted towards energy poor or vulnerable households, vulnerable micro-enterprises and vulnerable transport users is key for a just transition towards climate neutrality. Support measures to promote reductions in greenhouse gas emissions should help Member States to address the social impacts arising from the emissions trading for the sectors of buildings and road transportcosts generated by the EU climate policy.
Amendment 254 #
2021/0206(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Pending the impact of those investments on reducing costs and emissions, well targeted direct income support for the most vulnerable would help the just transition. Such support should be understood to be a temporary measure accompanying the decarbonisation of the housing and transport sectors. It would not be permanent as it does not address the root causes of energy and transport poverty. Such support should only concern direct impacts of the inclusion of building and road transport into the scope of Directive 2003/87/EC, not electricity or heating costs related to the inclusion of power and heat production in the scope of that Directive. Eligibility for such direct income support should be limited in time.
Amendment 261 #
2021/0206(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Pending the impact of those investments on reducing costs and emissions, well targeted direct income support for the most vulnerable wouldill help the just transition. Such support should be understood to be a temporary measure accompanying the decarbonisation of the housing and transport sectors. It would not be permanent as it does not address the root causes of energy and transport poverty. Such support should only concern direct impacts of the inclusion of building and road transport into the scope of Directive 2003/87/EC, not electricity or heating costs related to the inclusion of power and heat production in the scope of that Directive. Eligibility for such direct income support should be limited in time.
Amendment 273 #
2021/0206(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Taking into account the importance of tackling climate change in line with Paris Agreement commitments, and the commitment to the United Nations Sustainable Development Goals, the actions under this Regulation should contribute to the achievement of the target that 30% of all expenditure under the 2021- 2027 multiannual financial framework should be spent on mainstreaming climate objectives and should contribute to the ambition of providing 10% of annual spending to biodiversity objectives in 2026 and 2027, while considering the existing overlaps between climate and biodiversity goals. For this purpose, the methodology set out in Annex II of Regulation (EU) 2021/1060 of the European Parliament and of the Council33 should be used to tag the expenditures of the Fund. The Fund should support activities that fully respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/852 of the European Parliament and of the Council34 . Only such measures and investments should be included in the Plans. Direct income support measures should as a rule be considered as having an insignificant foreseeable impact on environmental objectives, and as such be considered compliant with the principle of ‘do no significant harm’. The Commission intends to issue technical guidance to the Member States well ahead of the preparation of the Plans. The guidance will explain how the measures and investments must comply with the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/852. The Commission intends to present in 2021 a proposal for a Council Recommendation on how to address the social aspects ofReplacing coal- fired boilers with less emitting gas-boilers or hybrid heat pumps as the most cost- effective method of reducing emissions in the group of poorest households in certain Member States should also be considered as not having a significant impact on these objectives and deemed compliant with the gaforemen transitiontioned principle. _________________ 33 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159). 34 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
Amendment 280 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 1
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 support 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).
Amendment 283 #
2021/0206(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) WomenSingle parent families are particularly affected by carbon pricing as they represent 85% of single parent families. Single parent families have a particularly high risk of child poverty. Gender equality and equal opportunities for all, and the mainstreamnd also have a particularly high risk of child poverty. The underlying reasons for the high instance of divorce and single parent families should be carefully studied and addressed, ing of those objectives, as well asrder to limit this impact. Furthermore, questions of accessibility for persons with disabilities should be taken into account and promoted throughout the preparation and implementation of Plans to ensure no one is left behind.
Amendment 289 #
2021/0206(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Women are particularly affected by carbon pricing as they represent 85% of single parent families and large families. Single parent families have a particularly high risk of child poverty. Gender equality and equal opportunities for all, and the mainstreaming of those objectives, as well as questions of accessibility for persons with disabilities should be taken into account and promoted throughout the preparation and implementation of Plans to ensure no one is left behind.
Amendment 295 #
2021/0206(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Member States should submit their Plans together withfollowing the submission and approval of the update of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999 of the European Parliament and of the Council35 . The Plans should include the measures to be financed, their estimated costs and the national contribution. They should also include key milestones and targets to assess the effective implementation of the measures. _________________ 35 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
Amendment 315 #
2021/0206(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The Union should support Member States with financial means to implement their Plans through the Social Climate Fund. Payments from the Social Climate Fund should be made conditional on achievement ofin accordance with the costs indicated for achieving the milestones and targets included in the Plans. This would allow efficiently taking into account national circumstances and priorities while simplifying financing and facilitating its integration with other national spending programmes while guaranteeing the impact and the integrity of EU spending.
Amendment 317 #
2021/0206(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The Union should support Member States with financial means to implement their Plans through the Social Climate Fund. Payments from the Social Climate Fund should be made conditional onlead to the achievement of the milestones and targets included in the Plans. This would allow efficiently taking into account national circumstances and priorities while simplifying financing and facilitating its integration with other national spending programmes while guaranteeing the impact and the integrity of EU spending.
Amendment 325 #
2021/0206(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The financial envelope of the Fund should, in principle, be commensurate to amounts corresponding to 25% of the expected revenues from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC in the period 2026-2032. Pursuant to Council Decision (EU, Euratom) 2020/205341 , Member States should make those revenues available to the Union budget as own resources. Member States are to finance 50% of the total costs of their Plan themselves. For this purpose, as well as for investment and measures to accelerate and alleviate the required transition for citizens negatively affected, Member States should inter alia use their expected revenues from emissions trading for buildings and road transport under Directive 2003/87/EC for that purpose. _________________ 41 Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L 424, 15.12.2020, p. 1 be established from x% of the total quantity of allowances, and auctioned in accordance with the rules and modalities for auctions taking place on the Common Auction Platform set out in Commission Regulation (EU) No1031/2010 (8).
Amendment 330 #
2021/0206(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 330 #
2021/0206(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The financial envelope of the Fund should, in principle, be commensurate to amounts corresponding to 25% of the expected revenues from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC in the period 2026-2032. Pursuant to Council Decision (EU, Euratom) 2020/205341 , Member States should make those revenues available to the Union budget as own resources. Member States are to finance 50%a part of the total costs of their Plans themselves. For this purpose, as well as for investment and , corresponding to at least 40% for temporary direct incomea sures to accelerate and alleviate the required transition for citizens negatively affected, Member States should inter alia use their expected revenues from emissions trading for buildings and road transport under Directive 2003/87/EC for that purposepport and for targeted structural measures and investments. By way of derogation, it should be possible for the national co- financing to be limited to 30 %. _________________ 41 Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L 424, 15.12.2020, p. 1).
Amendment 339 #
2021/0206(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The financial envelope for the implementation of the Fund for the period 2025-2027 shall be EUR 23 700 000 000 in current pricesshould correspond to the x% of the total quantity of allowances, and auctioned in accordance with the rules and modalities for auctions taking place on the Common Auction Platform set out in Commission Regulation (EU) No 1031/2010.
Amendment 344 #
2021/0206(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 356 #
2021/0206(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. When requested by a Member State together with the submission of its Social Climate Plans, the Commission shall make a pre-financing payment of an amount of X% of the financial contribution. The Commission shall make the corresponding payment within, to the extent possible, two months after the adoption by the Commission of the legal commitment referred to in Article 18.
Amendment 359 #
2021/0206(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) To ensure that support under the Plan can be effectively implemented from the initial years of the entry into force of the Social Climate Fund, it should be possible for a part of the financial contribution of Member States to be paid in the form of pre-finance.
Amendment 374 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point i
Article 15 – paragraph 2 – point a – point i
(i) whether the Plan represents a response to the social impact on and challenges faced by vulnerable households, vulnerable micro-enterprises and vulnerable transport users in the Member State concerned from establishing the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/ECdue to an ambitious EU climate policy, especially households in energy poverty, duly taking into account the challenges identified in the assessments of the Commission of the update of the concerned Member State’s integrated national energy and climate plan and of its progress pursuant to Article 9(3), and Articles 13 and 29 of Regulation (EU) 2018/1999, as well as in the Commission recommendations to Member States issued pursuant to Article 34 of Regulation (EU) 2018/1999 in view of the long-term objective of climate neutrality in the Union by 2050. This shall take into account the specific challenges and the financial allocation of the Member State concerned;
Amendment 379 #
2021/0206(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The Commission should ensure that the financial interests of the Union are effectively protected. While iIt is primarily the responsibility of the Member State itself to ensure that the Fund is implemented in compliance with relevant Union and national law, the Commission should be able to receive sufficient assurance from Member States in that regard. To that end, in implementing the Fund, the Member States should ensure the functioning of an effective and efficient internal control system and recover amounts unduly paid or misused. In that regard, Member States should be able to rely on their regular national budget management systems. Member States should collect, record and store in an electronic system standardised categories of data and information allowing the prevention, detection and correction of serious irregularities, meaning fraud, corruption and conflicts of interests, in relation to the measures supported by the Fund. The Commission should make available an information and monitoring system, including a single data- mining and risk-scoring tool, to access and analyse this data and information, with a view to a mandatory application by the Member States.
Amendment 382 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point iii
Article 15 – paragraph 2 – point a – point iii
(iii) whether the Plan contains measures and investments addressing the social impacts that contribute to the green transition, including to addressing the challenges resulting therefrom and in particular to the achievement of the 2030 climate and energy objectives of the Union and the 2030 milestones of the Mobility Strategy.
Amendment 394 #
2021/0206(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
The measures and investments supported by the Fund shall benefit households, micro-enterprises and transport users, which are vulnerable and particularly affected by the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/ECcosts generated by the EU climate policy, especially households in energy poverty and citizens without public transport alternative to individual cars (in remote and rural areas).
Amendment 397 #
2021/0206(COD)
Amendment 408 #
2021/0206(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
The general objective of the Fund is to contribute to the transition towards climate neutrality by addressing the social impacts of the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/ECconsequences of the challenges of the green transition. The specific objective of the Fund is to support vulnerable households, vulnerable micro-enterprises and vulnerable transport users through temporary direct income support and through measures and investments intended to increase energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration and storage of energy from renewable sources, and granting improved access to zero- and low-emission mobility and transport.
Amendment 432 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘building renovation’ means all kinds of energy-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, and the installation of on-site production of energy from renewable sources as well as its storage;
Amendment 443 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘energy poverty’ means energy poverty as defined in point [(49)] of Article 2 of Directive (EU) [yyyy/nnn] of the of the European Parliament and of the Council50 ; _________________ 50 [Directive (EU) [yyyy/nnn] of the of the European Parliament and of the Council (OJ C […], […], p. […]).] [Proposal for recast of Directive 2012/27/EU on energy efficiency]the submitted Plan of each Member State, in accordance to Article 3(1a);
Amendment 448 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) 'transport poverty' means transport poverty as defined in the submitted Plan of each Member State, in accordance with Article 3(1a);
Amendment 462 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘vulnerable households’ means households in energy poverty or households, including lower middle- income ones, that are significantly affected by the price impacts of the inclusion of buildings into the scope of Directive 2003/87/EC and lack the means to renovate the building they occupy;
Amendment 478 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘vulnerable micro-enterprises’ means micro-enterprises that are significantly affected by the price impacts of the inclusion of buildings into the scope of Directive 2003/87/ECcosts generated by the EU climate policy and lack the means to renovate the building they occupy;
Amendment 491 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
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 and large families, particularly in rural and remote areas.
Amendment 512 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall submit to the Commission a Social Climate Plan (‘the Plan’) together withwithin 1 year of the update to the integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/1999 in accordance with the procedure and timeline laid down in that Article. The Plan shall contain a coherent set of measures and investments to address the impact of carbon pricing on vulnerable households, vulnerable micro-enterprises and vulnerable transport users in order to ensure affordable heating, cooling and mobility while accompanying and accelerating necessary measures to meet the climate targets of the Union.
Amendment 513 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall submit to the Commission a Social Climate Plan (‘the Plan’) together with the update to the integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/1999 in accordance with the procedure and timeline laid down in that Article. The Plan shall contain a coherent set of measures and investments to address the impact of carbon pricingEU climate policy on vulnerable households, vulnerable micro- enterprises and vulnerable transport users in order to ensure affordable heating, cooling and mobility while accompanying and accelerating necessary measures to meet the climate targets of the Union.
Amendment 521 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The Plan shall include definitions of 'energy poverty' and 'transport poverty'; these definitions shall employ a series of metrics taking into account national, regional and local specificities and data availability in order to accurately measure the energy and transport poverty levels of individual Member States;
Amendment 529 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Plan may include national measures providing temporary direct income support to vulnerable households and households that are vulnerable transport users to reduce the impact of the increase in the price of fossil fuels resulting from the inclusion of buildings and road transport into the scope of Directive 2003/87/ECEU climate policy.
Amendment 552 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
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, as well as its storage, from renewable energy sources;
Amendment 576 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point -a (new)
Article 4 – paragraph 1 – point -a (new)
(-a) detailed quantitative information, where available, on energy and transport poverty concerning the following: the number of vulnerable households, vulnerable micro-enterprises, vulnerable SMEs and vulnerable transport users identified at the start of the Plan, on the basis of the definitions in Article 2;
Amendment 626 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) an explanation of how the Plan ensures that no investment or measure, included in the Plan does significant harm to environmental objectives within the meaning of Article 17 of Regulation (EU) 2020/852; the Commission shall provide technical guidance to the Member States targeted to the scope of the Fund to that effect; no explanation is required for the measures referred to in Article 3(2);
Amendment 652 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Payment of support shall be conditional uponmade in accordance with the costs indicated for achieving the milestones and targets for measures and investments set out in the Plans. Those milestones and targets shall be compatible with the Union’s climate targets and cover in particular:
Amendment 709 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 1
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 support 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).
Amendment 732 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) support cost-effective building renovations, especially for those occupying worst- performing buildings, including in the form of financial support or fiscal incentives such as deductibility of renovation costs from the rent, independently of the ownership of the buildings concerned;
Amendment 744 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) contribute to the cost-effective decarbonisation, including the electrification, of heating and cooling of, and cooking in, buildings and the integration of energy from renewable sources that contribute to the achievements of energy savings;
Amendment 789 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f a (new)
Article 6 – paragraph 2 – point f a (new)
(fa) support, in particular, the vulnerable households and vulnerable micro-enterprises by introducing measures related to natural gas-based boilers and heating systems, and related to distribution infrastructure.
Amendment 804 #
2021/0206(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Fund shall not support, and the estimated total costs of Plans shall not include measures in the form of direct income support pursuant to Article 3(2) of this Regulation for households already benefiting: from public intervention in the price level of the fuels covered by Chapter IVa of Directive 2003/87/EC;
Amendment 806 #
2021/0206(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
Amendment 807 #
2021/0206(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 808 #
2021/0206(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 828 #
2021/0206(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The financial envelope for the implementation of the Fund for the period 2025-2027 shall be EUR 23 700 000 000 in current pricesshould correspond to the x% of the total quantity of allowances, and auctioned in accordance with the rules and modalities for auctions taking place on the Common Auction Platform set out in Commission Regulation (EU) No 1031/2010 (8).
Amendment 840 #
2021/0206(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 867 #
2021/0206(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
Amendment 872 #
2021/0206(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States may include in their Plan, as part of the estimated total costs, the payments for additional technical support pursuant to Article 7 of Regulation (EU) 2021/240 and the amount of the cash contribution for the purpose of the Member State compartment pursuant to the relevant provisions of Regulation (EU) 2021/523. Those costs shall not exceed 4 % of the financial total allocation for the Plan, and the relevant measures, as set out in the Plan, shall comply with this Regulation. In addition, where necessary, the Member State may propose additional technical assistance measures to strengthen the capacity and effectiveness of public authorities and bodies, beneficiaries and relevant partners necessary for the effective management and use of the Funds.
Amendment 882 #
2021/0206(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The Fund shall be implemented by the Commission in directshared management in accordance with the relevant rules adopted pursuant to Article 322 TFEU, in particular Regulation (EU, Euratom) 2018/1046 and Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council59 . _________________ 59 Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (OJ L 433I, 22.12.2020, p. 1).
Amendment 905 #
2021/0206(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall contribute at least to 540 percent of the total estimated costs of their Plans.
Amendment 911 #
2021/0206(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Member States shall contribute at least to 40 percent of the total estimated costs of the measures and investments referred to in Article 6 in their Plans. By way of derogation from the first paragraph, the contribution of Member States with a GDP per capita at market prices below 65% of the Union average during the period 2016 to 2018 shall be limited to a maximum of 30 percent of the total estimated costs of the measures and investments referred to in Article 6 in their Plans.
Amendment 928 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point i
Article 15 – paragraph 2 – point a – point i
(i) whether the Plan represents a response to the social impact on and challenges faced by vulnerable households, vulnerable micro-enterprises and vulnerable transport users in the Member State concerned from establishing the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/ECdue to an ambitious EU climate policy, especially households in energy poverty, duly taking into account the challenges identified in the assessments of the Commission of the update of the concerned Member State’s integrated national energy and climate plan and of its progress pursuant to Article 9(3), and Articles 13 and 29 of Regulation (EU) 2018/1999, as well as in the Commission recommendations to Member States issued pursuant to Article 34 of Regulation (EU) 2018/1999 in view of the long-term objective of climate neutrality in the Union by 2050. This shall take into account the specific challenges and the financial allocation of the Member State concerned;
Amendment 934 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point i
Article 15 – paragraph 2 – point a – point i
(i) whether the Plan represents a response to the social impact on and challenges faced by vulnerable households, vulnerable micro-enterprises and vulnerable transport users in the Member State concerned from establishing the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/EC, especially households in energy and transport poverty, duly taking into account the challenges identified in the assessments of the Commission of the update of the concerned Member State’s integrated national energy and climate plan and of its progress pursuant to Article 9(3), and Articles 13 and 29 of Regulation (EU) 2018/1999, as well as in the Commission recommendations to Member States issued pursuant to Article 34 of Regulation (EU) 2018/1999 in view of the long-term objective of climate neutrality in the Union by 2050. This shall take into account the specific challenges and the financial allocation of the Member State concerned;
Amendment 941 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point iii
Article 15 – paragraph 2 – point a – point iii
(iii) whether the Plan contains measures and investments addressing the social impacts that contribute to the green transition, including to addressing the challenges resulting therefrom and in particular to the achievement of the 2030 climate and energy objectives of the Union and the 2030 milestones of the Mobility Strategy.
Amendment 942 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point iii
Article 15 – paragraph 2 – point a – point iii
(iii) whether the Plan contains measures and investments addressing the social impacts that contribute to the green transition, including to addressing the challenges resulting therefrom and in particular to the achievement of the 2030 climate and energy objectives of the Union and the 2030 milestones of the Mobility Strategy.
Amendment 965 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point c – point i
Article 15 – paragraph 2 – point c – point i
(i) whether the justification provided by the Member State for the amount of the estimated total costs of the Plan is reasonable, plausible, in line with the principle of cost efficiency and commensurate to the expected national environmental and social impact, while also taking into account national specificities that may impact the costs provided in the Plan;
Amendment 968 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point c – point iii
Article 15 – paragraph 2 – point c – point iii
(iii) whether the milestones and targets proposed by the Member State are efficient in view of the scope, objectives and eligible actions of the Fund, while fully taking into account all national specificities;
Amendment 982 #
2021/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point b
Article 16 – paragraph 1 – subparagraph 1 – point b
(b) the Union financial allocation allocated in accordance with Article 13 of this Regulation to be paid in instalments once the Member State has satisfactorily fulfilled the relevant milestones and targets identified in relation to the implementation of the Plan, which shall be subject, for the period 2028- 2032, to the availability of the amounts referred to in Article 9(2) of this Regulation under the annual ceilings of the multiannual financial framework referred to in Article 312 TFEU;
Amendment 995 #
2021/0206(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 1052 #
2021/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Each Member State concerned shall, on a btriennial basis, report to the Commission on the implementation of its Plan, where possible as part of its integrated national energy and climate progress report pursuant to Article 17 of Regulation (EU) 2018/1999 and in accordance with Article 28 thereof. The Member States concerned shall include in their progress report:
Amendment 1059 #
2021/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) available detailed quantitative information on the number of households in energy poverty;
Amendment 1062 #
2021/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) when applicable, detailed information on progress towards the national indicative targets and objectives to reduce the number of households in energy povertyand transport poverty, in particular vulnerable households, vulnerable micro-enterprises, vulnerable SMEs and vulnerable transport users;
Amendment 19 #
2021/0202(COD)
Proposal for a decision
Recital 2
Recital 2
(2) Tackling climate and environmental-related challenges and reaching the objectives of the Paris Agreement are at the core of the Communication on “The European Green Deal”, adopted by the Commission on 11 December 201926 . However, the legislative proposals foreseen in "The European Green Deal" should take into account evolving circumstances, and in particular the economic and energy crisis the Union is facing at the moment putting many businesses at competitive disadvantage and many household at risk of energy poverty. __________________ 26 COM(2019)640 final.
Amendment 22 #
2021/0202(COD)
Proposal for a decision
Recital 3
Recital 3
(3) The European Green Deal combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the EU by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. At the same time, this transition affects women and men differently and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities and persons with a minority racial or ethnic background. It must therefore be ensured that the transition is just and inclusive, leaving no one behind.
Amendment 51 #
2021/0202(COD)
Proposal for a decision
Recital 14
Recital 14
(14) The analysis carried out in the context of the reserve’s review and the expected developments relevant to the carbon market demonstrate that a rate of 12 % of the total number of allowances in circulation to be placed in the reserve each year after 2023 is insufficient to prevent a significant increase of the surplus of allowances in the EU ETS. Therefore, after 2023 the percentage figure should continue to be 24 %, and the minimum number of allowances to be placed in the reserve should also continue to be 200 millioHowever, that analysis did not take into account the current energy crisis, which have led to sudden increases in energy prices for businesses and households in the Union. Therefore, any proposal to continue the doubled uptake rates beyond 2023 should not be pursued until the energy prices become stable and affordable again.
Amendment 59 #
2021/0202(COD)
Proposal for a decision
Recital 15
Recital 15
(15) IfOn the rate of the total number of allowances in circulation to be placed in the reserve each year reverts to 12 % after 2023, a potentially harmful surplus of allowcontrary, for the moment it is better to use the allowances in the reserve to counteract high prices and also address existing structural imbalances ion the EU ETS may disturb market stability. In addition, the rate of 24 % after 2023 should be established separately from the general review of Directive 2003/87/EC and Decision (EU) 2015/1814 to strengthen the EU Emissions Trading System in line with the Union’s incsupply side of allowances faced by some Member States. Consequently, the allowances in the reased climate ambition for 2030 to ensure market predictabilityrve should not be cancelled.
Amendment 76 #
2021/0202(COD)
Proposal for a decision
Article 1
Article 1
Decision (EU) 2015/1814
Article 1 – paragraph 5 – subparagraph 1
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
Amendment 81 #
2021/0202(COD)
Proposal for a decision
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Decision (EU) 2015/1814
Article 1 – paragraph 5 a
Article 1 – paragraph 5 a
In Article 1, paragraph 5a is deleted.
Amendment 85 #
2021/0202(COD)
Proposal for a decision
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
In Article 1, paragraph 6 is replaced by the following: 6. In any year, if the total number of allowances in circulation is less than 400 million or the clearing price of allowances in the auctions carried out in accordance with the delegated acts adopted under Article 10(4) of Directive 2003/87/EC surpass 80 EUR, 100 million allowances shall be released from the reserve and added to the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC. Where fewer than 100 million allowances are in the reserve, all allowances in the reserve shall be released under this paragraph. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02015D1814-Or. en 20180408&qid=1642503924151)
Amendment 75 #
2021/0201(COD)
Draft legislative resolution
Citation 2
Citation 2
— having regard to Article 294(2) and Article 192 (12) of the Treaty on the Functioning of the European Union, pursuant to whichand the Commission submitted the proposal to Parliament (C9- 0320/2021),
Amendment 79 #
2021/0201(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(12) thereof,
Amendment 132 #
2021/0201(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to contribute to the increased ambition to reduce greenhouse gas net emissions from at least 40 % to at least 55 % below 1990 levels, bindingcative annual targets for net greenhouse gas removals should be set out for each Member State in the land use, land use change and forestry sector in the period from 2026 to 2030 (in analogy to the annual emission allocations set out in Regulation (EU) 2018/842 of the European Parliament and of the Council32 ), resulting in a target of 310225 millions of tonnes CO2 equivalent of net removals for the Union as a whole in 2030. The methodology used to establish the national targets for 2030 should take into account, amongst others, the average greenhouse gas emissions and removals from the years 2016, 2017, 2018 and 20189, reported by each Member State, and reflect the current mitigation performance of the land use, land use change and forestry sector, and each Member State’s share of the managed land area in the Union, and other relevant country-specific factors, taking into account the capacity of that Member State to improve its performance in the sector via land management practices or changes in land use that benefit the climate and biodiversity. Where Member States can and are willing to achieve higher, they are encouraged to do so. __________________ 32Regulation (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).
Amendment 157 #
2021/0201(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The bindingcative annual targets for net greenhouse gas removals should be determined for each Member State by a linear trajectory. The trajectory should start in [2022], on the average of greenhouse gas emissions reported by that Member State during [2021, 2022 and 2023] and end in 2030 on the target set out for that Member State. For Member States that improve their methodology of calculating the emissions and removals, a concept of technical correction should be introduced. A technical correction should be added to the target of that Member State corresponding to the effect of the change in methodology on the targets and the efforts of the Member State to achieve them, in order to respect environmental integrity.
Amendment 180 #
2021/0201(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 225 #
2021/0201(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to enhance greenhouse gas removals, individual farmers or forest managers need a direct incentive to store more carbon on their land and their forests. New business models based on carbon farming incentives and on the certification of carbon removals need to be increasingly deployed in the period until 2030. Such incentives and business models will enhance climate mitigation in the bio- economy, including through the use of durable harvested wood products, in full respect of ecological principles fostering biodiversity and the circular economy. Hence, new categories of carbon storage products should be introduced in addition to the harvested wood products. The emerging business models, farming and land management practices to enhance removals contribute to a balanced territorial development and economic growth in rural areas. They also create opportunities for new jobs and provide incentives for relevant training, reskilling and upskilling. Therefore, more thorough studies must be conducted so that we can ensure, that if Member States choose to deploy such practises, they have the means to adequately support individual farmers or forest managers so that there are no detrimental socio-economic effects.
Amendment 255 #
2021/0201(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Considering the specificities of the land use, land use change and forestry sector in each Member State, the targets must take into consideration the sovereignty and autonomy of each Member State, as well as the challenges each Member State faces in implementing the targets.
Amendment 263 #
2021/0201(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Discontinuing the current accounting rules after 2025 creates a need for alternative provisions for natural disturbances such as fire, pest, and storms, in order to address uncertainties due to natural processes or as a result of climate change in the land use, land use change and forestry sector. A flexibility mechanism linked to natural disturbances should be available to Member States in [2032], provided that they have exhausted all other flexibilities at their disposal, put in place appropriate measures to reduce the vulnerability of their land to such disturbances and that the achievement by the Union of the 2030 target for the land use, land use change and forestry sector is completed.
Amendment 270 #
2021/0201(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 286 #
2021/0201(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In view of setting out the net greenhouse gas removals targets for the Member States for the period from 2026 to 2030, the Commission should exercise a comprehensive review to verify the greenhouse gas inventory data for the years [2021, 2022 and 2023]. For this purpose, a comprehensive review should be carried out in 2025, in addition to the comprehensive reviews that the Commission is to carry out in 2027 and 2032 in accordance with Article 38 of Regulation (EU) 2018/1999.
Amendment 303 #
2021/0201(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Efforts to curb and eventually reverse the adverse effects of climate change by means of increasing carbon removals and sequestration are undertakings at a global level. The Union and Member States should encourage partners and third parties to also take action in the land use, land use change, and forestry sectors at the COP27 and COP28 and in other international settings.
Amendment 332 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Amendment 360 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/841
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 378 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 1a (new)
Article 4 – paragraph 1a (new)
1 a. From 2026 onwards, taking into account the flexibilities provided for in Articles 12 and 13b, each Member State shall ensure that greenhouse gas emissions do not exceed greenhouse gas removals, calculated as the sum of total emissions and total removals on its territory in all of the land accounting categories referred to in Article 2(1).
Amendment 382 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
2. The 2030 Union target for net greenhouse gas removals is 310225 million tonnes CO2 equivalent as a sum of the indicative Member States targets established in accordance with paragraph 31 and 1a of this Article, and shall be based onwhich, and any additional effort necessary to achieve the 2030 Union target that shall be based on, inter alia, where appropriate: - the average of its greenhouse gas inventory data for at least the years 2016, 2017, 2018 and 20189, as well as the most up to date data as it becomes available; - country-specific challenges; - the percentage of forested and managed land; - other relevant factors.
Amendment 423 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
3. The Commission shall adopt implementing acts setting out the annual indicative targets based on the linear trajectory for net greenhouse gas removals for each Member State, for each year in the period from 2026 to 2029 in terms of tonnes CO2 equivalent. These national trajectories shall be based on, inter alia, where appropriate, the average greenhouse gas inventory data for the years [2021, 2022 and 2023], reported by each Member State. The value of the 310225 million tonnes CO2 equivalent net removals as a sum of the indicative targets for Member States set out in Annex IIa may be subject to a technical correction due to a change of methodology by Member States. The method for determination of the technical correction to be added to the targets of the Member States, shall be set out in these implementing acts. For the purpose of those implementing acts, the Commission shall carry out a comprehensive review of the most recent national inventory data for the years [2021, 2022 and 2023] submitted by Member States pursuant to Article 26(4) of Regulation (EU) 2018/1999.
Amendment 445 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 471 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) 2018/841
Article 4 a (new)
Article 4 a (new)
3 a. the following Article 4a is inserted: ‘Article 4a Natural disturbances 1. Member States shall be swiftly provided with adequate additional financial, technical, and know-how support in the event of natural disturbances that hinder progress in achieving the national or Union targets for removals of greenhouse gases as set out in this regulation to respond to the issue effectively. 2. Member States shall also have increased flexibility in the national or Union targets for removals of greenhouse gases as set out in this regulation, proportional to the natural disturbance which has occurred. 3. Where a Member State is struggling, despite its best efforts, to make steady progress in reducing net emissions and increase net removals of greenhouse gases covered by this regulation, it shall be provided with adequate additional, technical, and know-how support to reverse this trend’;
Amendment 483 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point c
Article 1 – paragraph 1 – point 6 – point c
Regulation (EU) 2018/841
Article 8 – paragraph 8
Article 8 – paragraph 8
8. Based on the proposed forest reference levels submitted by Member States, on the technical assessment carried out pursuant to paragraph 6 of this Article and, where applicable, on the revised proposed forest reference level submitted under paragraph 7 of this Article, the Commission shall adopt delegatedimplementing acts in accordance with Article 16 amending Annex IV with a view to laying down the forest reference levels to be applied by the Member States for the period from 2021 to 2025.
Amendment 504 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) 2018/841
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall adopt delegatedimplementing acts in accordance with Article 16 in order to amend paragraph 1 of this Article and Annex V by adding new categories of carbon storage products, including harvested wood products, that have a carbon sequestration effect, based on IPCC Guidelines as adopted by the Conference of the Parties to the UNFCCC or the Conference of the Parties serving as the Meeting of the Parties to the Paris Agreement, and ensuring environmental integrity.;
Amendment 523 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Regulation (EU) 2018/841
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 550 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2018/841
Article 13 a – paragraph 1 – subparagraph 1 – introductory part
Article 13 a – paragraph 1 – subparagraph 1 – introductory part
1. Finland may compensate up to an additional 5[X] million tonnes of CO2 equivalent accounted emissions under the land accounting categories managed forest land, deforested land, managed cropland and managed grassland, in the period from 2021 to 2025, provided that the following conditions are fulfilled:
Amendment 561 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2018/841
Article 13 a – paragraph 3
Article 13 a – paragraph 3
3. The additional compensations may [not] be subject to transfer pursuant to Article 12 of this Regulation or Article 7 of Regulation (EU) 2018/842.
Amendment 593 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2018/841
Article 13 b – paragraph 3 – subparagraph 1 – point c
Article 13 b – paragraph 3 – subparagraph 1 – point c
(c) the difference in the Union between the annual sum of all greenhouse gas emissions and removals on its territory and in all of the land reporting categories referred to in Article 2(2), points (a) to (j), and the Union target [of 310225 million tonnes CO2 equivalent of net removals] is negative, in the period from 2026 to 2030.
Amendment 600 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2018/841
Article 13 b – paragraph 3 – subparagraph 2
Article 13 b – paragraph 3 – subparagraph 2
When assessing whether, within the Union, total emissions exceed total removals as referred to in the first subparagraph, point (c), the Commission shallmay, in close consultation with Member States, determine whether to include 20% of net removals not banked by Member States from the period from 2021 to 2025 on the basis of the impact of natural disturbances and applying information submitted by Member States in accordance with paragraph 5 of this Article. The Commission shall in that assessment also ensure that double counting is avoided by Member States, in particular in the exercise of the flexibilities set out in Article 12 of this Regulation and Article 7(1) of Regulation (EU) 2018/842.
Amendment 609 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/841
Article 13 c
Article 13 c
Amendment 652 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EU) 2018/841
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. The Commission shall adopt delegatedimplementing acts in accordance with Article 16 of this Regulation to supplement this Regulation in order to lay down the rules for the recording and an accurate carrying out of the following operations in the Union Registry established pursuant to Article 40 of Regulation (EU) 2018/1999:
Amendment 654 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EU) 2018/841
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
Amendment 672 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) 2018/841
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
Following the report, the Commission shall make legislative proposals where it deems it appropriate. In particular, the proposals shall set out annual targets and governance aiming towards the 2035 climate-neutrality target as laid down in Article 4(4), additional Union policies and measures, and a post-2035 framework, including in the scope of the Regulation greenhouse gas emissions and removals from additional sectors, such as the marine and freshwater environmentmay, following close consultation with Member States, make legislative proposals where it deems it appropriate.;
Amendment 687 #
2021/0201(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) 2018/1999
Article 4 – paragraph 1 – point a – point 1 – point ii
Article 4 – paragraph 1 – point a – point 1 – point ii
the Member State’s commitments and national targets for net greenhouse gas removals pursuant to Article 4(1) and (2) of Regulation (EU) 2018/841 and its contributions aim towards reaching the Union objective of reducing greenhouse gas emissions to net zero by 2035 and achieving negative emissions thereafter pursuant to Article 4(4) of that Regulation;;
Amendment 698 #
2021/0201(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Regulation (EU) 2018/1999
Article 38 – paragraph 1 a
Article 38 – paragraph 1 a
In 2025, the Commission shall carry out a comprehensive review of the national inventory data submitted by Member States pursuant to Article 26(4) of this Regulation, in order to determine the indicative annual targets of net greenhouse gas emissions reduction of the Member States pursuant to Article 4(3) of Regulation (EU) 2018/841 and in order to determine the annual emission allocations of the Member States pursuant to Article 4(3) of Regulation (EU) 2018/842;
Amendment 725 #
2021/0201(COD)
Proposal for a regulation
Annex II
Annex II
Regulation (EU) 2018/841
Annex II a – table 1
Annex II a – table 1
Member State Value of the net greenhouse gas emissions reduction in kt of CO2 equivalent in 2030 Belgium Regulation (EU) 2018/841 which currently may be achieved in 2030 in the baseline scenario Belgium -1 352 -1 200 Bulgaria -9 718 -7 900 Czechia -1 228 Denmark -6 400 Denmark 5 338 Germany -30 840 Estonia -2 545 Ireland 3 728 Greece -4 373 Spain -43 635 France -34 046 Croatia -5 527 Italy -35 758 Cyprus 5 800 Germany 6 100 Estonia -500 Ireland 9 100 Greece -2 900 Spain -33 300 France -43 000 Croatia -3 600 Italy -21 000 Cyprus -352 -400 Latvia -644 Lithuania -4 633 Luxembourg 3 700 Lithuania -3 700 Luxembourg -403 Hungary -400 Hungary -5 724 -700 Malta 2 0 Netherlands 4 523 Austria -5 650 Poland -38 098 5 100 Austria -4 000 Poland -26 000 Portugal -1 358 Romania -25 665 -10 800 Romania -24 000 Slovenia -146 Slovakia -6 821 Finland -17 754 Sweden -3 900 Slovakia -6 100 Finland -20 800 Sweden -47 321 -34 100 EU-27 -310 -225 000
Amendment 726 #
2021/0201(COD)
Proposal for a regulation
Annex II
Annex II
Regulation (EU) 2018/841
Annex II a – table 2 (new)
Annex II a – table 2 (new)
Amendment 727 #
2021/0201(COD)
Proposal for a regulation
Annex II a
Annex II a
Regulation (EU) 2018/841
Annex II a – table 3 (new)
Annex II a – table 3 (new)
Amendment 730 #
2021/0201(COD)
Proposal for a regulation
Annex II – paragraph 1
Annex II – paragraph 1
Regulation (EU) 2018/841
Annex II a – table 1 – introductory sentence
Annex II a – table 1 – introductory sentence
The Union target and the national targets of the Member States of net greenhouse gas removals pursuant to Article 4(2) to be achieved in 2030in Regulation (EU) 2018/841 which may be achieved in 2030 according to the baseline scenario analysis
Amendment 732 #
2021/0201(COD)
Proposal for a regulation
Annex II – paragraph 1
Annex II – paragraph 1
Regulation (EU) 2018/841
Annex II a – table 2 – introductory sentence
Annex II a – table 2 – introductory sentence
The Union target and the national targets of the Member States of net greenhouse gas removals pursuant to Article 4(2) which the Union and Member States are encouraged, where possible, to pursue to 2030
Amendment 733 #
2021/0201(COD)
Proposal for a regulation
Annex II – paragraph 1
Annex II – paragraph 1
Regulation (EU) 2018/841
Annex II a – table 3 – introductory sentence
Annex II a – table 3 – introductory sentence
The Union and the national levels of the Member States of net greenhouse gas removals averaged for the years 2016, 2017, 2018 and 2019.
Amendment 29 #
2021/0164(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The REPowerEU chapter should include new reforms and investments contributing to the REPowerEU aims. Furthermore, that chapter should contain an outline of other measures, financed from sources other than the Recovery and Resilience Facility, contributing to the energy-related objectives outlined in recital (3). The outline should cover measures whose implementation should take place between 1 February 2022 to 31 December 202630, the period during which the objectives set by this Regulation are to be achieved. As regards natural gas infrastructure, the investments and reforms of the REPowerEU chapters to diversify supply away from Russia should build on the needs currently identified through the assessment conducted and agreed by the European Network of Transmission System Operators for Gas (ENTSOG), established in the spirit of solidarity as regards security of supply and take into account the reinforced preparedness measures taken to adapt to new geopolitical threats. Finally, the REPowerEU chapters should provide an explanation and a quantification of the effects of the combination of the reforms and investments financed by the Recovery and Resilience Facility and the other measures financed by other sources than the Recovery and Resilience Facility.
Amendment 53 #
2021/0164(COD)
Proposal for a regulation
Recital 13
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. It should continue to apply to the reforms and investments supported by the Facility, with one targetedthe 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 gaRegulation aiming to contribute to its objectives should not be required to comply with the principle of ‘do no significant harm’ and should therefore be exempted from such assessment.
Amendment 80 #
2021/0164(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Disbursements under REPowerEU shall be made following the rules of the Recovery and Resilience Facility until the end of 202630. Payments in relation to the resources transferred from shared management funds shall be subject to the availability of funds approved in the annual EU budget.
Amendment 115 #
2021/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
(1) EUR 230 000 000 000 in current prices shall be available, in line with Article 10e(4) of Directive 2003/87/EC, for implementation under this Regulation to increase the resilience of the Union energy system through a decrease of dependence on fossil fuels and diversification of energy supplies at Union level. That amount shall be made available in the form of external assigned revenue within the meaning of Article 21(5) of the Financial Regulation.
Amendment 116 #
2021/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21a – paragraph 1a (new)
Article 21a – paragraph 1a (new)
Amendment 117 #
2021/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21a – paragraph 2
Article 21a – paragraph 2
Amendment 150 #
2021/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 2 – point b
Article 21c – paragraph 2 – point b
(b) an outline of other measures contributing to the REPowerEU objectives with a corresponding calendar, to be implemented from 1 February 2022 until 31 December 202630 without financial support under the Facility;
Amendment 162 #
2021/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 4
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 contribute to the REPowerEU objectives under paragraph 1, point (a) of this Article.
Amendment 11 #
2021/0000(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the alignment of the Semester process with the EU’s long-term climate and environmental objectives must be accelerated, as per the Commission’s engagements under the Green Dealproportionate; notes that without sustainable fiscal policy and credible financial situations of Member States any future financing model of the European Green Deal is endangered, therefore demands that public ‘green investment’ be treated under the Stability and Growth Pact, just like any other public spending; underlines that the coordination of the Member States’ macroeconomic policies is, among others, an essential tool to achieve the Green Deal;
Amendment 29 #
2021/0000(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to extend the current Semester approach by developing a new climateset up a distinct framework dealing with the implementation of ecological indicators, without watering down the Semester process, to assess the discrepancy between the structure of the Member States’ budgets and a Paris-aligned scenario for each of their national budgets; further stresses that this would enable the extended Semester to provide recommendations on reducing climate debtand the coordination of those indicators between EU Member States. Recalls that the European Semester cycle is a framework of EU Member States to coordinate budgetary and economic policies;
Amendment 40 #
2021/0000(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the Semester to be adapted, taking into account the economic recession caused by the COVID- 19 pandemic, and to be aligned with the Recovery and Resilience Facility, the key EU instrument for recovery; stresses that the EU’s recovery provides a unique opportunity to build back a stronger EU by providing guidance to Member States on where reforms and investments are most needed in order to accelerate the transition to a more sustainable, resilient and inclusive EU;
Amendment 54 #
2021/0000(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Supports the Commission’s guidance to Member States to include in their Recovery Plans investments and reforms in flagship areas that are in line with the EU’s objective of achieving climate neutrality by 2050 at the latest – such as renewable energbiodiversity, renovation, sustainable mobility, the circular economy and biodiversitrenewable energy – given their potential to create jobs and growth.
Amendment 19 #
2020/2273(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to its resolution of 15 November 2017 on an Action Plan for nature, people, and the economy1a, _________________ 1aTexts adopted, P8_TA(2017)0441 (2017/2819(RSP))
Amendment 168 #
2020/2273(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls the conclusions of the IPBES report of 2019, according to which nature is declining at a rate unprecedented in human history and around 1 million species are threatened with extinction; strongly regrets that the Union has neither fully met the 2020 biodiversity strategy objectives nor the global Aichi Biodiversity Targets;
Amendment 204 #
2020/2273(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the pandemic has demonstrated the importance of the ‘One Health’ principle in policy-making and that transformative changes are needed; calls for an urgent rethinking of how to align the Union’s current policies with the changes needed in line with the principle of proportionality;
Amendment 260 #
2020/2273(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses strong support for the targets of protecting at least 30 % of the Union’s marine and terrestrial areas, and of strictly protecting at least 10 % of these areas, includingwith a priority for primary and old- growth forests, and other carbon-rich ecosystems; stresses that these should be binding and implemented by Member States in accordance with science-based and site-specific criteria ands well as biodiversity needs; underlines that in addition to increasing protected areas, the quality of protected areas should be ensured and clear site-specific conservation plans implemented;
Amendment 276 #
2020/2273(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights that the criteria and definitions for strictly protected areas should recognise that each Member State has different local and regional characteristics, and that decision-making should be in accordance with the site- specific conservation objectives of each protected area;
Amendment 297 #
2020/2273(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Underlines that for a successful conservation of protected areas, including strictly protected areas, decision-making at the site level should be promoted to ensure community conservation can be incentivised, while taking into account the international obligations from the post- 2020 Global Biodiversity Framework at the upcoming 15th Conference of the Parties to the Convention on Biological Diversity;
Amendment 312 #
2020/2273(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Recalls its resolution of 15 November 2017 on an Action Plan for nature, people, and the economy1a and reiterates its call on the Commission to develop an assessment procedure to enable the protection status of species in particular regions to be amended as soon as the desired conservation status is reached; _________________ 1a Texts adopted, P8_TA(2017)0441
Amendment 342 #
2020/2273(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the upcoming legislative proposal on the EU Nature Restoration Plan and reiterates its call for a restoration target of at least 30 % of the EU’s land and seas, which should be implemented by each Member State consistently throughout their territory in line with site-specific conservation objectives; considers that in addition to an overall restoration target, ecosystem- specific targets should be set, with a particular emphasis on old-growth forest and other carbon-rich ecosystems for the dual purposes of biodiversity restoration and climate change mitigation and adaptation; stresses that after restoration, no ecosystem degradation should be allowed;
Amendment 434 #
2020/2273(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that soil biodiversity is the basis for key ecological processes; notes with concern the increased soil degradation and the lack of specific EU legislation; calls on the Commission to submit a legislative proposal for the establishment of a common framework for the protection and sustainable use of soil that includes a specific decontamination target;the loss of Europe's build heritage1a, which provides an important refuge for many species has contributed to a biodiversity loss; calls on the Commission to take this key factor in consideration in other sectoral policies; stresses that soil biodiversity is a key indicator of ecological processes; notes with concern the increased soil degradation; calls on the Commission to propose a specific decontamination target; _________________ 1a In the past, old houses and buildings with traditional attics, old churches, cows' and other animals' sheds, offered a refuge to small animals and birds.
Amendment 473 #
2020/2273(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the EU has committed to achieving land degradation neutrality by 2030, but that this target is unlikely to be achieved; calls on the Commission, therefore, to present an EU-level strategy onto curb desertification and land degradation;
Amendment 527 #
2020/2273(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Expresses its support for the 2030 targets of bringing at least 25 % of agricultural land under organic farm management, which should become the norm in the long termthe need to have targets of reducing areas under highly- intensive/industrial agriculture and significantly reducing the use of agricultural land for purposes other than the production of food and feed, and ensuring that at least 10 % of agricultural land consists of high-diversity landscape features, which should be implemented at farm level, targets which should both be incorporated into EU legislation; considers it imperative that farmers receivethat Member States should consider to offer farmers support and training in the transition towards agroecological practices;
Amendment 615 #
2020/2273(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Insists that priority for protected areas must be environmental conservation and restoration, based on site-specific needs, and that no activityies in these areas should not undermine this goal; calls on the Commission to avoidput policies in place to prevent future marine renewable energy developments and bottom-trawling fishing within Marine Protected Areas;
Amendment 705 #
2020/2273(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to urgently present a proposal for an EU legal framework based on mandatory due diligence that ensures sustainable and deforestation-free value chains;
Amendment 725 #
2020/2273(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Expresses its concern that the majority of the ranges of terrestrial species will decrease significantly in a 1.5 to 2°C scenario; highlights, therefore,Highlights the need to prioritise nature-based solutions in meeting climate mitigation goals and in adaptation strategies and to increase the protection of natural carbon sinks in the EU, in line with the principle of proportionality;
Amendment 751 #
2020/2273(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to prepare a long-term EU action plan on climate and biodiversity, including soil, that improves coherence and interconnections for future actions, and integrates commitments under the post- 2020 Global Biodiversity Framework and the Paris Agreement;
Amendment 767 #
Amendment 772 #
2020/2273(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. WelcomRecognises the Commission’s targetEU- wide goals of reducing, by 2030, the use of more hazardous and chemical pesticides by 50 %, the use of fertilisers by at least 20 % and nutrient losses by at least 50 % by 2030, which should be made bindingpesticides and fertilisers in order not only to reduce nutrients losses, but also to reduce contamination of waters and soil with for example nitrates, which, inter alia, causes algae spread in rivers, lakes, ponds, etc., thus severely compromising biodiversity; considers that this should be accomplished by binding and proportionate targets tailored to individual Member States’ practices; is of the opinion that nitrates present in the soil are best fixed by inter-crops (e.g. after wheat harvest, mustard is sown); therefore warns against leaving agricultural land completely abandoned (set-aside) due to increased risk of nitrates infiltration in waters and soil; considers that the derogation envisaged in Article 53(1) of Regulation (EC) No 1107/2009 should be clarified and must only be applied for health and environmental reasons;
Amendment 837 #
2020/2273(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Strongly rRegrets the decline of pollinators, which are a kecan serve as one of many indicators of the health of the environment; reiterates the position expressed in its resolution of 18 December 2019 on the EU Pollinators Initiative5 and calls for an urgent revision of the initiative; _________________ 5 Texts adopted, P9_TA(2019)0104.
Amendment 852 #
2020/2273(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission and Member States to ensure that the objectives of the Biodiversity Strategy are fully reflected in the future Zero Pollution Action Plan, which should also address noise pollution in the marine environment and light pollution;
Amendment 861 #
2020/2273(INI)
20b. Notes that the correct implementation of the Nature Directives falls not only on Member States but also on the Commission, including the need for an assessment procedure, to enable the protection status of species in particular regions, to be amended as soon as the desired conservation status is reached; without jeopardising the conservation objectives and requirements set within the Nature Directives, recognises that the flexibility of implementation approaches, which takes into account specific national circumstances, contributes to the reduction and progressive elimination of unnecessary conflicts and problems between nature protection and socioeconomic activities;
Amendment 918 #
2020/2273(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to ensure effective biodiversity mainstreaming and proofing across EU spending and programmes on the basis of the EU Taxonomy and the ‘do no significant harm’ principle; calls on the Commission to provide a comprehensive assessment of how the EUR 20 billion per year needed for nature could be mobilised, if necessary, to make corresponding proposals for the Union’s annual budget and to examine the need for a dedicated funding instrument for TEN-N; considers that efforts should be made to reach 10 % annual spending on biodiversity under the multiannual financial framework (MFF) as soon as possible from 2021 onwards;
Amendment 940 #
2020/2273(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to provide an assessment of all subsidies harmful to the environment with a view to their phasing out by 2030 at the latest; reiterates its calls for the reorientation of taxation systems towards an increased use of environmental taxation; warns against increased taxation burden on Member States and EU's citizens;
Amendment 963 #
2020/2273(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 1017 #
2020/2273(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to reinforce biodiversity conservation in the context of the Convention on Biological Diversity (CBD) within Union youth programmes such as the European Voluntary Service, and to launch a Green Erasmus programme focused on restoration and conservation; reiterates its calls for a specific mission and funding dedicated to biodiversity within future research programmes;
Amendment 1170 #
2020/2273(INI)
30. Urges Member States to fully comply with the obligations set out in existing EU nature legislation and calls on the Commission to swiftly pursue infringement procedures to remedy allpriority cases of non-compliance particularly affecting habitats and to allocate sufficient resources in order to overcome the current delays;
Amendment 1175 #
2020/2273(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Underlines that correct implementation of the nature directives not only falls on Member States but also with the European Commission including the need for an assessment procedure to enable the protection status of species in particular regions to be amended as soon as the desired conservation status is reached, in accordance with Article 19 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;
Amendment 1203 #
2020/2273(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Underlines that the successful implementation of the strategy depends on the involvement of all actors and sectors directly concerned and requires local and regional acceptance; calls on the Commission to create a stakeholder platform for discussion and to ensure an inclusive, equitable and just transition;
Amendment 14 #
2020/2257(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
— having regard to the European Deterrence Initiative which has deployed an additional 4000 - 5 000US troops to Europe and represents one of the largest financial and material contributions to European security in decades, beginning with a budget of $4.8 Billion USD, the US recently requested $6.5 Billion USD for FY 2019,
Amendment 15 #
2020/2257(INI)
Motion for a resolution
Citation 27 b (new)
Citation 27 b (new)
— having regard to NATO’s Enhanced Forward Presence (EfP) in the Eastern flank of the Alliance with four multinational battlegroups in Estonia, Latvia, Lithuania, and Poland, led by the U.S., United Kingdom, Canada and Germany respectively,
Amendment 16 #
2020/2257(INI)
Motion for a resolution
Citation 27 c (new)
Citation 27 c (new)
— having regard to the EfP's South- East European component ‘Tailored Forward Presence’ which includes both land forces and aerial support as a multinational brigade that coordinates training in Romania and Bulgaria,
Amendment 17 #
2020/2257(INI)
Motion for a resolution
Citation 27 d (new)
Citation 27 d (new)
— having regard to the Transatlantic Defence Investment Cooperation (TADIC) formally commissioned in 2000 to address fragmentation of the security and defence industry within Europe and resolve the large differences of investment in defence capability, technology, export controls and technology transfer regimes among Member States,
Amendment 18 #
2020/2257(INI)
Motion for a resolution
Citation 27 e (new)
Citation 27 e (new)
— having regard to the studies published by NATO’s Strategic Communications Centre of Excellence which outline the increasingly capable social media bots, AI-created fake images, video and even automated weapons platforms Russia utilises,
Amendment 19 #
2020/2257(INI)
Motion for a resolution
Citation 27 f (new)
Citation 27 f (new)
— having regard to the enormous impact on potential EU defence capabilities of the departure of the UK, one of the most effective European military powers from the EU,
Amendment 20 #
2020/2257(INI)
Motion for a resolution
Citation 27 g (new)
Citation 27 g (new)
— having regard to Russia's illegal invasion and annexation of Crimea,
Amendment 21 #
2020/2257(INI)
Motion for a resolution
Citation 27 h (new)
Citation 27 h (new)
— having regard to Russia's violation of airspace and maritime borders of member states,
Amendment 22 #
2020/2257(INI)
Motion for a resolution
Citation 27 i (new)
Citation 27 i (new)
— having regard to the Intermediate Range Nuclear Force (INF) Treaty, Russia's repeated violations including the development and deployment of 9M729 ground-launched cruise missile systems and the resulting US withdrawal from the Treaty,
Amendment 23 #
2020/2257(INI)
Motion for a resolution
Citation 27 j (new)
Citation 27 j (new)
— having regard to China's increase in economic and military presence in the Mediterranean and African countries,
Amendment 24 #
2020/2257(INI)
Motion for a resolution
Citation 27 k (new)
Citation 27 k (new)
— having regard to the threat of domestic and foreign terrorism, primarily from groups such as ISIS,
Amendment 25 #
2020/2257(INI)
Motion for a resolution
Citation 27 l (new)
Citation 27 l (new)
— having regard to new technologies such as artificial intelligence, space capabilities and quantum computing which present new opportunities for mankind, but also create new challenges in defence and foreign policy that require a clear strategy and consensus between EU & NATO,
Amendment 33 #
2020/2257(INI)
Motion for a resolution
Citation 35 a (new)
Citation 35 a (new)
— having regard to NATO’s role in Rapid Air Movement during the COVID- 19 crisis,
Amendment 61 #
2020/2257(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the COVID-19 pandemicaftermath of the COVID-19 pandemic and the rapid pace of technological change is having a significant impact on international relations and has further exacerbated existing global tensions and security challenges with profound implications on the global balance of military power;
Amendment 92 #
2020/2257(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reaffirms its previous commitment to the EU’s ambitions in the field of security and defence, and reiterates the EU’s ambition to be a global actor for peace and security; underlines the fact that NATO remains indispensable and must remain the primary actor for the security and collective defence of its members and the transatlantic community as a whole;
Amendment 113 #
2020/2257(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the significance of and exceptional contributions made by NATO’s various Partner countries to Euro-Atlantic security; urges stronger coordination and effective division of labour between the EU and NATO in cooperating with third countries with a particular emphasis on NATO’s Enhanced Opportunities Partner (EoP) countries;
Amendment 117 #
2020/2257(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Acknowledges that close cooperation should also take place with third countries and through the command and planning structures of NATO; such cooperation will provide vital capabilities, such as strategic lift, essential to operations in the European periphery;
Amendment 133 #
2020/2257(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines the importance of achieving quantum computing capabilities and stresses the need to enhance EU-NATO cooperation in this area to ensure that quantum computing is first realized among partners sharing warm relations and supporting objectives;
Amendment 134 #
2020/2257(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Notes the growing importance of space security and satellites, stresses the importance of the European Union Satellite Centre and requests the agency to analyse and provide a report regarding the safety and/or vulnerabilities of the EU and Member State satellites to space debris, cyber attack and direct missile attack;
Amendment 213 #
2020/2257(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recognises the important cooperation between the EU and NATO in the Western Balkans, notably through the EUFOR Althea mission and the important role that NATO integration has played in the region by stabilising and preparing these countries for eventual EU integration;
Amendment 247 #
2020/2257(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Consider that the EU and NATO must coordinate their dual-track approach of deterrence and dialogue with Russia within parameters agreed at the Wales and Warsaw Summits; recognises that NATO should maintain regular contact with Russia in areas of immediate threat to the security of the Euro-Atlantic, including in arms control, military transparency, and maintaining channels of communication to avoid misunderstandings that could escalate into major crises;
Amendment 251 #
2020/2257(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Expresses that EU & NATO need to respond to Russian’s threats in a clear, strong and coherent way without a return to “business as usual”;
Amendment 253 #
2020/2257(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Consider that EU & NATO should coordinate their positions in developing an agenda for international arms control in key areas of EDT with military application;
Amendment 255 #
2020/2257(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Considers that EU & NATO should work together to ensure Russia’s return to compliance with existing arms control agreements;
Amendment 269 #
2020/2257(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recognises that EU & NATO should coordinate on issue’s where China’s actions are contrary to Euro- Atlantic security interests; prioritization should be given to challenges in the cyber, hybrid, EDT, space, arms control, and non-proliferation areas;
Amendment 270 #
2020/2257(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Recognises that China’s acquisitions of intellectual property and technological advances by leading research centres are often used to propel its military aims and therefore EU & NATO should work together to develop a long-term game plan to counter China’s military-civil fusion (MCF) strategy in Europe;
Amendment 271 #
2020/2257(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Urges EU-NATO cooperation in regulating 5G implementation to comply with strict national security standards that secures national and international information networks capable of encrypting communications;
Amendment 272 #
2020/2257(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Consider jointly establishing a C4ISRnetwork with a state of the art command and control systems in the Asia Pacific, in cooperation with Allies throughout Asia, to ensure rapid response capability in addressing security crises in the Asia-Pacific;
Amendment 273 #
2020/2257(INI)
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Recognises that China has thousands of precision warheads tied to a sophisticated command and control system; Considers China’s stockpiling of an enormous and technologically advanced arsenal of ballistic missiles such as the Dong Feng-26have advanced unhindered by the absence of any international Treaty;
Amendment 296 #
2020/2257(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recognises the role that NATO’s Capacity Building Initiatives (CBI) play in contributing to Middle East stabilization via training missions to local security forces and the support the EU has provided by assuming civilian responsibilities in certain CBI initiatives;
Amendment 300 #
2020/2257(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Considers the important role the EU can play in supporting NATO’s Open Door Policy by maintaining close political and operational synergy with its applicant countries, namely Ukraine and Georgia;
Amendment 303 #
2020/2257(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Joint Training & Exercises - Summit looks to enhance training, exercises and strategic communications to counter hybrid threats while supporting continued EU & NATO cooperation in maritime operations;
Amendment 304 #
2020/2257(INI)
Motion for a resolution
Paragraph 16 d (new)
Paragraph 16 d (new)
Amendment 305 #
2020/2257(INI)
Motion for a resolution
Paragraph 16 e (new)
Paragraph 16 e (new)
16e. Stresses the significance of military mobility and the EU’s roles in providing the legislative and infrastructural reforms required to ensure speedy movement of Member State forces across Europe; urges resolution to the border crossing &VAT laws authorizing foreign militaries unhindered country access, along with infrastructural redevelopment of bridges, roads and runways;
Amendment 306 #
2020/2257(INI)
Motion for a resolution
Paragraph 16 f (new)
Paragraph 16 f (new)
16f. Supports further modernization of NATO’s Command Structure and commends the new Joint Force Command for the Atlantic, Enabling Command Centre and Cyber Operations Centre;
Amendment 307 #
2020/2257(INI)
Motion for a resolution
Paragraph 16 g (new)
Paragraph 16 g (new)
16g. Encourages joint EU-NATO synergy in supporting Joint Intelligence, Surveillance and Reconnaissance (JISR) via training and education, doctrine and procedures and network environment;
Amendment 320 #
2020/2257(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Further calls upon the EU & NATO to jointly provide economic, political and operational support with existing regional forces based in Africa such as the African Union, G5 Sahel Force and Economic Community of West African States(ECOWAS);
Amendment 321 #
2020/2257(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Encourages EU-NATO cooperation to cooperate with ASEAN countries in all aspects already agreed upon, further stresses the need to cooperate on economic manners and combatting terrorism;
Amendment 322 #
2020/2257(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Recognises the growing political, economic, environmental, security and strategic value of the Arctic Circle, urges EU-NATO cooperation to explore cooperation with the Arctic Council on all issues of common interest and to form a comprehensive strategy for the region;
Amendment 323 #
2020/2257(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Takes into consideration that EU & NATO should enhance its situational awareness across the High North and the Arctic and create a new strategy focusing on broader deterrence and defence plans; the strategy should include plans for ensuring freedom of navigation in the High North and adjacent bodies of water, including the North Atlantic, as well as provisions for addressing aggressive moves by state actors;
Amendment 348 #
2020/2257(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Highlights the role AI can play in providing advanced training and pre- deployment unit-level preparation for EU or NATO-led forces during peacetime to ensure a rapid yet smooth transition into conducting operations.
Amendment 349 #
2020/2257(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Urges EDA, CDP, CARD and NDPP to utilize autonomous software to assist with maintenance, logistics management, and targeting of offensive and defensive systems to ensure that a CSDP force is successfully integrated with autonomous, unmanned ground, air and sea vehicles to provide a standardised, and ever increasing, level of operational competence and consistency of execution;
Amendment 350 #
2020/2257(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Recognises that machine-learning systems can use sensor data, entire technical libraries and advanced models to accurately predict and prevent equipment failure and should thus be integrated into our procurement plans;
Amendment 351 #
2020/2257(INI)
Motion for a resolution
Paragraph 19 d (new)
Paragraph 19 d (new)
19d. Recognises the emerging threat of Hyper war and the unique requirements this will place on defence architectures and the need for a high-tech industrial base if the EU and NATO are to preserve an adequate deterrence and defence posture or simply maintain a comparative advantage against adversarial actors;
Amendment 352 #
2020/2257(INI)
Motion for a resolution
Paragraph 19 e (new)
Paragraph 19 e (new)
19e. Encourages developing a set of common EU AI capabilities matched to a Member State’s operating concepts to bridge technical gaps to ensure that Member States lacking the relevant technology–industry expertise or the ability to implement AI systems in their defence ministries are not left behind;
Amendment 353 #
2020/2257(INI)
Motion for a resolution
Paragraph 19 f (new)
Paragraph 19 f (new)
19f. Stresses the concern posed by Russia’s harmonisation of highly disruptive propaganda and kinetic operations while committing to investments in military-relevant AI;
Amendment 354 #
2020/2257(INI)
Motion for a resolution
Paragraph 19 g (new)
Paragraph 19 g (new)
19g. Encourages that initiatives such as EDIDP, PESCO and EDF facilitate SME engagement by advancing efforts that support incubation and capital investment;
Amendment 355 #
2020/2257(INI)
Motion for a resolution
Paragraph 19 h (new)
Paragraph 19 h (new)
19h. Considers that EDF should collaborate actively with NATO in order to facilitate transatlantic technological and industrial development in a manner that removes barriers and protectionism and ensures export licensing processes/technological transfer policies are harmonized among Member States; special consideration should be given to the development of a task force between EDA and NSPA/NCIA for developing a roadmap on identifying ideal equipment for procurement and to generate the best value on defence expenditure as well as the formulation of a ‘transatlantic DARPA’;
Amendment 367 #
2020/2257(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Considers that Member States should isolate part of their 2%-20% contribution goals to include a dedicated minimum expenditure towards research and development within their defence budgets;
Amendment 369 #
2020/2257(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Strongly encourages the foundation of an Advisory Group for Small and Medium Enterprises (SME) to the NATO Industrial Advisory Group (NIAG)to advise EU & NATO on how to keep pace with technological change; A key objective for these efforts should be to encourage the development of an AI- focused agenda for R&D within the Alliance;
Amendment 387 #
2020/2257(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on Member States and the Commission to ensure the EDA provides a specific framework to pragmatically and practically drive forward requirement and specification, promote more effective and efficient project management and ensure rigorous delivery regimes and timetables
Amendment 389 #
2020/2257(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
Amendment 390 #
2020/2257(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Recommends Member States incorporate new technology thinking in defence planning and do it constantly and consistently while placing a strong emphasis on systematic, independent and robust ‘red-teaming’;
Amendment 391 #
2020/2257(INI)
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22d. Urges the EU’s PESCO and promotion of pooling and sharing, as well as NATO’s Smart Defence, Connected Forces Initiative and Defence Investment Pledge be reinforced by an EU-NATO Capability Action Plan that seeks to better forge synergies, harmonisation and efficiencies into the relationship between suppliers and end-users;
Amendment 392 #
2020/2257(INI)
Motion for a resolution
Paragraph 22 e (new)
Paragraph 22 e (new)
22e. Recommends Member States and EU’s various defence agencies implement, as a matter of urgency the prioritization of developments in new technologies, specifically AI, machine learning, military application of nano and bio-technologies and developing counter weights to the threats posed by CBRN weapons and new missile technologies;
Amendment 393 #
2020/2257(INI)
Motion for a resolution
Paragraph 22 f (new)
Paragraph 22 f (new)
22f. Urges future defence plans to meet strategic rather than satisfy political needs;
Amendment 394 #
2020/2257(INI)
22g. Recommends an audit be taken by both the EU and NATO to better understand what European forces need, where the key shortfalls are found and the level of resource-waste caused by redundant fixed assets and duplication of effort;
Amendment 395 #
2020/2257(INI)
Motion for a resolution
Paragraph 22 h (new)
Paragraph 22 h (new)
22h. Recommends the establishment of a Current Assets Framework be established that would purposively focus on the more efficient use of existing assets and capabilities;
Amendment 396 #
2020/2257(INI)
Motion for a resolution
Paragraph 22 i (new)
Paragraph 22 i (new)
22i. Establish a Future Requirements Framework that identified the operational capabilities that Member States need and how best to obtain them by 2030;
Amendment 397 #
2020/2257(INI)
Motion for a resolution
Paragraph 22 j (new)
Paragraph 22 j (new)
22j. Recommends Member State forces establish regular joint exercises and training campaigns to ensure that forces participating in CSDP or NATO Crisis Management operations are properly trained, equipped and rapidly deployable;
Amendment 414 #
2020/2257(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls for regular special summits with the participation of all NATO and EU Heads of State and Government to maintain trust and understanding at the highest levels, and expresses its long-term vision for an EU- NATO Partnership Council; underlines the principle of inclusiveness;
Amendment 430 #
2020/2257(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Underlines that EU& NATO must synergize their efforts to combat terrorism and radicalization and ensure that efforts made are supported by necessary resources and commensurate with the threat that it poses; Both organizations should strive to improve current practices of intelligence-sharing among Member States with particular emphasis on achieving better, common situational awareness in key areas including emerging safe havens and terrorists’ use of EDTs, as well as hybrid tactics.
Amendment 13 #
2020/2170(DEC)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes that ECHA collaborates closely with other agencies, such as the European Food Safety Authority, the European Centre for Disease Prevention and Control and the European Medicines Agency, throughby means of memoranda of understanding; underlines the importance of such an approach, in order to ensure consistency between the work of those agencies and to meet the requirements of sound financial management;
Amendment 3 #
2020/2163(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Reiterates itsExpresses its strong concern that only 89 % of management board members and 81 % of advisory forum members submitted the required annual declarations of interest in 2019; notes that these figures are respectively 7 and 8 percentage points lower than in 2018;
Amendment 4 #
2020/2163(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the positive outcome of the Centre's third external evaluation, which found that the Centre’s activities and outputs were relevant to stakeholders, and were of high scientific quality; underlines, however, that the COVID-19 crisis has pointed outhighlighted the necessity of strengthenreinforcing the Centre’s coordination competencies, in particular to ensure thamandate, so that the Centre can better support Member States useand the same criteria to assess potential crises and to provide really coordinated responses to themCommission in epidemiological surveillance, preparedness and response actions, and in the provision of recommendations and options for risk management; notes the evaluation's conclusions on the extension of the Centre’s mandate;
Amendment 1 #
2020/2157(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Acknowledges the impact of the United Kingdom’s decision to withdraw from the European Union on the EMA's activities and the resulting additional expenditure, amounting to EUR 51,44 million, including the staff, office and workspace costs related to staffthe relocation tof the Netherlands, and to buildingsEMA from London to Amsterdam; welcomes the extent to which the quality and continuity of the EMA's operations were maintained whilst undertaking the relocation;
Amendment 1 #
2020/2080(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the NATO Treaty, and the Defence Investment Pledge made by the Heads of State at the NATO Summit in Wales 2014,
Amendment 2 #
2020/2080(INI)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
- having regard to the existing commitments of 21 Member States to spend 2% of their GDP on defence and 20% of their defence budget on procurement of new technologies in order to maintain a qualitative edge in Allied military hardware,
Amendment 3 #
2020/2080(INI)
Motion for a resolution
Citation 11 c (new)
Citation 11 c (new)
Amendment 38 #
2020/2080(INI)
Motion for a resolution
Recital F
Recital F
F. whereas PESCO’s long-term vision is to achieve a coherent full-spectrum force package available to the Member States; whereas PESCO should enhance the EU’s capacity to act as an international security provider by enhancing interoperability in order to protect EU citizens and maximise the effectiveness of defence spending; whereas the cost of non-Europe in security and defence is estimated to be more than EUR 100 billion per year;
Amendment 52 #
2020/2080(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the COVID-19 pandemic has shown the consequences of the EU not having enough competence when it comes to health care; whereas, by the same analogy, it would make sense to establish an EU common defence strategy in order to be able to respond to an attack on the EU’s borders and territories; whereas PESCO constitutes an important step towards achieving the objective of a common much needed investment in offsetting the capability shortfalls that are essential to credible deterrence and defence;
Amendment 66 #
2020/2080(INI)
Motion for a resolution
Recital H
Recital H
H. whereas according to Council decision 2017/2315, establishing PESCO enhanced defence capabilities of the Member States will also benefit NATO provided that duplication is avoided and interoperability is prioritized, while strengthening the European pillar within the alliance and responding to repeated calls for stronger transatlantic burden- sharing;
Amendment 72 #
2020/2080(INI)
Motion for a resolution
Recital I
Recital I
I. whereas PESCO creates a binding framework between the pMS, which committed themselves to jointly investing, planning, developing and operating defence capabilities within Union framework in a permanent and structured manner by subscribing to 20 binding commitments in five areas set by the TEU; whereas these commitments should constitute a move from mere defence cooperation towards thefull integrationroperability of Member States’ defence forces; whereas despite these binding commitments, no effective compliance mechanism for PESCO is in place; and PESCO projects have not been implemented in a manner reflective of industrial capacity, duplication concerns or budgetary constraints of pMS;
Amendment 87 #
2020/2080(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the pMS do not pay enough attention to the 20 binding commitments to which they have subscribed, and not enough progress has been achieved with regard to significantly embedding PESCO into national defence planning processes casting serious doubt over the capacity of pMS to finalize PESCO projects;
Amendment 92 #
2020/2080(INI)
Motion for a resolution
Recital K
Recital K
K. whereas PESCO was originally conceived as an avant-garde, comprising the Member States willing and able to upgrade their cooperation in defence to a new level of ambition; whereas the fact that there are 25 pMS means that PESCO is at risk of being constrained by the ‘lowest common denominator’ approach amplifying the widespread free rider problem in European defence spending;
Amendment 101 #
2020/2080(INI)
Motion for a resolution
Recital L
Recital L
L. whereas work on the first three waves of PESCO projects has led to the pMS proposing 47 projects; whereas the current list of projects lacks coherence, strategic ambition and does not adequately address priority shortfalls as identified by the pMS; whereas one of these projects has been stopped in order to avoid unnecessary duplication; whereas other projects did not make sufficient progress or are at risk of being stopped, and around 30 projects are still in the ideation and preparatory phase casting serious doubt on the efficacy of this initiative;
Amendment 173 #
2020/2080(INI)
Motion for a resolution
Recital W
Recital W
W. whereas the participation of third countries in individual PESCO projects might be in the strategic interest of the European Union, particularly in the cases of the United Kingdom, United States and Canada;
Amendment 180 #
2020/2080(INI)
Motion for a resolution
Recital Y
Recital Y
Y. whereas the governance of PESCO is led by pMS, and therefore eventually leads to the insufficient coordination and overall consistency of the projects; whereas this should constitute grounds for the extension of the mandate of the PESCO secretariatmaking further access to financial support conditional upon the level of progress achieved;
Amendment 196 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – point b
Paragraph 1 – point b
(b) define the Union’s strategic vision, by, inter alia, implementing the level of ambition defined by the 2016 EU Global Strategy in the ongoing work of the Strategic Compass and, strengthen PESCO’s operational dimension to ensure that its outputs are functional and add value to ongoing or future operational readiness;
Amendment 236 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – point f
Paragraph 1 – point f
(f) ensure that PESCO is effectively used as an instrument to reach EU defence integration as a common goal, in line with the ambition for greater EU Strategic Autonomy-NATO cooperation;
Amendment 243 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – point h
Paragraph 1 – point h
Amendment 253 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – point i
Paragraph 1 – point i
(i) incorporate directly into the PESCO project cycle the link between PESCO and EDIDP/EDF; imposea commitment to dedicate ample resources during the research and development phase that ensures that duplication concerns and operational shortfalls are offset and that the link between PESCO and EDIDP/EDF reflects the emphasis on the research and development stage by imposing the documentation of each project, before selection on the budgetary side;
Amendment 265 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – point k
Paragraph 1 – point k
(k) ensure that future key land, sea, air and other platforms for the armed forces of the Member States are brought under PESCO or are at least closely connected to itutilized to ensure PESCO efforts are complementary to existing capabilities and used in a manner that resolves existing shortfalls and offsets overhead expenses;
Amendment 277 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – point l
Paragraph 1 – point l
Amendment 300 #
2020/2080(INI)
Motion for a resolution
Paragraph 1 – point p
Paragraph 1 – point p
Amendment 317 #
2020/2080(INI)
Amendment 12 #
2020/2003(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
Amendment 55 #
2020/2003(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that ten Member States made full submissions to the 20th annual report, and eleven to the 21st; deplornotes the fact that two of the main exporting countries – Germany and the UK – did not make full submissions;
Amendment 63 #
2020/2003(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Deplores the factAcknowledges that Member States use very different information in order to generate data on the value of licences, which renders the annual report considerably less usable as a comparative data set and serves to diminish its transparency and accountability before citizens and parliamentscomplicating the ability to use comparative data effectively; urges France, in particular, to refrain from submitting data on the value of licences at pre-contract stage and broad values for global licences, which undermines the comparability of the report;
Amendment 99 #
2020/2003(INI)
7. Points out that Council Decision (CFSP) 2019/1560 and the relevant conclusions of 16 September 2019 have the potential to ensure that EU citizens are furnished with better information about the strategic choices made by their governments in an area which directly affects their security and their countries’ adherence to values and norms;
Amendment 110 #
2020/2003(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes with concern the growing divergences between the arms export policies and practices of the Member States and the failure to introduce new instruments to promote convergence towards the strict application of EU rules in this areathe sale of arms is tied closely with issues related to national security; and recognises that the sale of arms remains in the sovereign control of the Member States for the purposes of national security;
Amendment 116 #
2020/2003(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. SupportAcknowledges the Council’s decision to introduce a clear reporting deadline for national submissions; welcomes the steps taken towards the online approach and encourages the further development of the latter;
Amendment 135 #
2020/2003(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that most Member States have not outlined a policy regulating the transfer of weapons components to another Member State which would ensure that any export to third countries from the Member State of assembly is consistent with the export policy of the Member State providing the components; regards this as particularly problematic in the context of the increasing divergences between licensing practices across the EU; observes that Directive 2009/43/EC on intra-Community transfers has proven ill- equipped to achieve the stated goal of setting high common standards for exports to third countries;
Amendment 147 #
2020/2003(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Observes a trend whereby the diverging export policies of the Member States are increasingly considered as obstacles to cooperation projects, which is giving rise to a multitude of bilateral and specific agreements on weapon systems that allow for exports to third countries based on the least restrictive standards, rather than a joint, EU-wide approachhowever, notes that the varying range in technological sophistication across Europe’s industrial base is giving rise to a multitude of bilateral and specific agreements on weapon systems, which in turn is encouraging members to institute modernisation reforms that keep arms production fit for purpose;
Amendment 157 #
2020/2003(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that bilateral and multilateral agreements may further reduce convergence at EU level and that the failure to regulate exports uniformly between the Member States and the lack of convergence in export decisions to third countries have a negative impact on human rights and international law, generate market distortions, and hinder industrial strategic planning, economies of scale and a level playing fieldserve as the foundation for international practices in arms transfers and that the lack of convergence in export decisions to third countries can only be overcome via furthering the best practices exhibited in the bilateral and multilateral agreements between Member States;
Amendment 176 #
2020/2003(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines the fact that the interinstitutional agreement on the establishment of the EDF authorises the Commission, without infringing upon the primacy of Member State decisions, to assess whether the transfer of ownership or the granting of an exclusive licence of EDF-co-funded military technology contravenes the security and defence interests of the EU and its Member States or the objectives of the fund as set out in Article 3 of the proposed regulation; notes that this new legislation establishes a specific type of control function for the Commission with regard to a specific category of exports of military technology to third countries, while simultaneously respecting the independence and self- decision of the Member States;
Amendment 187 #
2020/2003(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that under the EPF, Member States and the European External Action Service (EEAS) will work on creating an EU-level system for arms transfers to third countriesrespect the right of Member States to determine whom it will sell arms to;
Amendment 197 #
2020/2003(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that the lack of convergence of national arms export policies and decision-making is becoming increasingly untenable in the context of the prevailing Europeanisation of arms production and the stated ambito be expected since the industrial capability, research and development capacities and overall quality of equipment produced to serve the armed forces of Member States is vastly different throughout Europe, forcing the Europeanisation of arms production to prioritize further the modernizations and plans to increase this furthertechnological advancement within key EU policies such as the EDIDP, PADR and EDF;
Amendment 212 #
2020/2003(INI)
Motion for a resolution
Paragraph 19 – introductory part
Paragraph 19 – introductory part
19. Believes that the Europeanisation of arms production needs to go hand in hand with increased transparency; believes that there is still room for improvement in this area, particularly as regards the quality and uniformity of the data submitted by Member States;a clear goal of modernisation towards a qualitative advantage in the arms production of Member States; believes that there is still room for improvement in this area, calls on the Working Party on Conventional Arms Exports (COARM):
Amendment 215 #
2020/2003(INI)
Motion for a resolution
Paragraph 19 – point a
Paragraph 19 – point a
a) to add the following additional categories in a revised reporting template in order to implement the recent September 2019 Council conclusions: the exact type of weapon and the quantity exported, denomination of the munitions, the lot size and the specific end-user, revoked licences, and the value and duration of contracts regarding post-delivery services such as training and maintenance; recognises, however, that Member States may not always be able to give full submissions due to the commercial sensitivity and security risks surrounding such information;
Amendment 219 #
2020/2003(INI)
Motion for a resolution
Paragraph 19 – point b
Paragraph 19 – point b
b) to disaggregate data with regard to denial information so as to facilitate the scrutiny of specific shipments or Member States within the limits of commercial sensitivity, national security and with every effort taken to avoid inadvertently aiding industrial espionage;
Amendment 223 #
2020/2003(INI)
Motion for a resolution
Paragraph 19 – point c
Paragraph 19 – point c
c) to clarify definitions such as licensed value and actual exports so as to facilitate the comparability of data between Member States within the limits of commercial sensitivity, national security and with every effort taken to avoid inadvertently aiding industrial espionage;
Amendment 234 #
2020/2003(INI)
Motion for a resolution
Paragraph 21 – introductory part
Paragraph 21 – introductory part
21. Calls on COARM to work towards amending Article 7 of the Common Position, by calling for an improved exchange of ‘relevant information, including information on denial notifications and arms export policies’ and other ‘measures to further increase convergenRecognizes COARM’s potential to add value in coordinating and consolidating areas of Member States’ industrial bases so as to ensure that technologically sophisticated and rapidly deployable equipment are more easily produced in multinational efforts that incorporate willing engagement from small and medium enterprises operating in both the military and civilian technology space’s; stresses the need, to this end:
Amendment 243 #
2020/2003(INI)
Motion for a resolution
Paragraph 21 – point a
Paragraph 21 – point a
a) to systematically discuss individual licence requests within COARM, where the receiving destination or recipient has been identified as a risk by one or several Member States or the EEAS; callutilize COARM in a manner based upon the successes of the NATO Industrial Advisory Group and be complementary to the existing commitments onf Member States to provide a justification if they decide to grant exports to such destinationswho are part of the Transatlantic Defence Technological and Industrial Cooperation (TADIC);
Amendment 252 #
2020/2003(INI)
Motion for a resolution
Paragraph 21 – point c
Paragraph 21 – point c
c) to undertake a joint assessment of country situations or potential export recipients in the light of the principles and criteria of the Common Position within the framework of the CFSP and in consultation with external stakeholders, including Parliament within the limits of commercial sensitivity, national security and with every effort taken to avoid inadvertently aiding industrial espionage;
Amendment 265 #
2020/2003(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Strongly believes that a much higher level of convergence as regards the strict apprms exports remain the core responsibility of Member States, notes that convergence can benefit multinational development and procurement initiatives that would ensure a qualictation of the criteriave edge in military hardware throughout Europe which will strengthen human rights, international law and the CFSP, and bolster the EU’s strategic security interests and strategic autonomy;
Amendment 274 #
2020/2003(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses that effective end-use controls are crucial for a responsible export policy and for lowering the risk of diversion in particular; calls onrecommends that the Council, the Member States, the EEAS and the Commission to set up a large-scale training and capacity-building programme for national and EU officials on arms export controls; stresses the need to use EU funding to ensure that sufficient staff resources are available at national and EU levels and at delegations and embassies in importing countries for the purposes of implementing viable end-use controls; calls on the EEAS and COARM to report on iTrace any identified diversion of EU-origin goods as part of the annual report;
Amendment 283 #
2020/2003(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Believes that the increasing Europeanisation of arms production, the recent Council conclusions on convergence in arms exports and the establishment of the EPF should be complemented by a mechanism for EU-level monitoring and control based on strict compliance with the eight criteria within the limits of commercial sensitivity, national security and with every effort taken to avoid inadvertently aiding industrial espionage;
Amendment 305 #
2020/2003(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Considers that regular consultations with national parliaments, arms export control authorities, industry associations, small and medium enterprises and civil society are central to meaningful transparency; calls on COARM to enhance dialogue with civil society and consultations with Parliament and arms export control authorities; encourages civil society and academia to exercise independent scrutiny of the arms trade and calls on the Member States and the EEAS to support such activities, including by financial meanincrease their engagement and dialogue with COARM in order to remain fully informed regarding arms production and exports;
Amendment 22 #
2020/0365(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Certain sectors of the economy such as energy and transport are already regulated or may be regulated in the future by sector-specific acts of Union law that contain rules related to certain aspects of resilience of entities operating in those sectors. In order to address in a comprehensive manner the resilience of those entities that are critical for the proper functioning of the internal market, those sector-specific measures should be complemented by the ones provided for in this Directive, which creates an overarching framework that addresses critical entities’ resilience in respect of all hazards, that is, natural and man-made, accidental and intentional and ensures collaboration with likeminded international organisations in maintaining resilience.
Amendment 25 #
2020/0365(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The actions of Member States to identify and help ensure the resilience of critical entities should follow a risk-based approach that targets efforts to the entities most relevant for the performance of vital societal functions or economic activities. In order to ensure such a targeted approach, each Member State should carry out, within a harmonised framework, an assessment of all relevant natural and man- made risks that may affect the provision of essential services, including accidents, natural disasters, public health emergencies such as pandemics, and antagonistic threats, including terrorist offences. When carrying out those risk assessments, Member States should take into account other general or sector-specific risk assessment carried out pursuant to other acts of Union law and should consider the dependencies between sectors, including from other Member States and third countries. While the Civil Emergency Planning Committee of NATO can serve as an important ally in this task as it has outlined the seven key resilience preparedness factors that are taken into account when measuring resilience. The outcomes of the risk assessment should be used in the process of identification of critical entities and to assist those entities in meeting the resilience requirements of this Directive.
Amendment 32 #
2020/0365(COD)
Proposal for a directive
Recital 29
Recital 29
(29) In order to achieve the objectives of this Directive, and without prejudice to the legal responsibility of Member States and critical entities to ensure compliance with their respective obligations set out therein, the Commission should, where it considers it appropriate, undertake certain supporting activities aimed at facilitating compliance with those obligations. Such activities should also include training courses on different aspects of the resilience of critical entities and that special focus of these courses be dedicated to emerging disruptive technologies such as quantum computing. When providing support to Member States and critical entities in the implementation of obligations under this Directive, the Commission should build on existing structures and tools, such as those under the Union Civil Protection mechanism and the European Reference Network for Critical Infrastructure Protection.
Amendment 43 #
2020/0365(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The risk assessment shall account for all relevant natural and man-made risks, including accidents, natural disasters, public health emergencies, antagonistic threats, including terrorist offences pursuant to Directive (EU) 2017/541 of the European Parliament and of the Council34 . Whereas the emphasis on maintaining continuity of government, energy supply, population movement, water and food resources, emergency response, civil transportation and communications systems are the most essential components to maintaining resilience in the event of a crisis. _________________ 34Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
Amendment 203 #
2020/0353(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to all portable batteries, namely portablelight means of transport batteries, automotive batteries, electric vehicle batteries and industrial batteries including stationary storage batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products.
Amendment 206 #
2020/0353(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3 a. 4.With the exclusion of Chapter VII, this regulation shall not apply to industrial batteries designed before the entry into force of this Regulation: a) Placed on the market to be incorporated in safety-sensitive applications designed before the entry into force of the Regulation; b) or to be used as spare parts for equipment designed before the entry into force of the Regulation.
Amendment 227 #
2020/0353(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. By 31 December 2025 and by 31 December 2030, the Commission shall publish the assessments of currently available recycling technologies and a prognosis of end-of-life batteries available for recycling and the average amount of cobalt, lead, lithium or nickel recovered from batteries per year.
Amendment 228 #
2020/0353(COD)
Proposal for a regulation
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
2 b. The Commission shall, by 31 December 2028 and by 31 December 2032, adopt the delegated acts in accordance with Article 73, defining the specific targets for the minimum share of cobalt, lead, lithium and nickel recovered from waste, based on the assessments referred to in previous subparagraph.
Amendment 229 #
2020/0353(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 233 #
2020/0353(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. From 1 January 202724 months after the entry into force of the delegated act referred to in the paragraph 2, portable batteries of general use shall meet the values for the electrochemical performance and durability parameters set out in Annex III as laid down in the delegated act adopted by the Commission pursuant to paragraph 2.
Amendment 237 #
2020/0353(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Batteries are thus an important source of energy and one of the key enablers for sustainable development, green mobility, clean energy and climate neutrality. It is expected that the demand for batteries will grow rapidly in the coming years, notably for electric road transport vehicles using batteries for traction, making this market an increasingly strategic one at the global level. Significant scientific and technical progress in the field of battery technology will continue. In view of the strategic importance of batteries, and to provide legal certainty to all operators involved and to avoid discrimination, barriers to trade and distortions on the market for batteries, it is necessary to set out rules on sustainability parameters, performance, safety, collection, recycling and second life of batteries as well as on information about batteries. IConsidering technological and scientific progress, the chemical composition of, and substances contained in, batteries placed on the Union market should be subject to the same sustainability requirements. Moreover, it is necessary to create a harmonised regulatory framework for dealing with the entire life cycle of batteries that are placed on the market in the Union.
Amendment 239 #
2020/0353(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The new Circular Economy Action Plan adopted on 11 March 202028 states that the proposal for a new regulatory framework for batteries will consider rules on recycled content and measures to improve the collection and recycling rates of all batteries, in order to ensure the recovery of valuable materials and to provide guidance to consumers and will address the possible phasing out of non- rechargeable batteries where alternatives exist. Such a phasing out should only take place if clear evidence can be presented that it will have substantial benefits, especially for the environment. Furthermore, it is stated that sustainability and transparency requirements will be considered, taking into account the carbon footprint of battery manufacturing, the ethical sourcing of raw materials and the security of supply in order to facilitate reuse, repurposing and recycling of batteries. __________________ 28Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 March 2020, A new Circular Economy Action Plan – For a cleaner and more competitive Europe (COM(2020)98 final).
Amendment 240 #
2020/0353(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Addressing the entire life cycle of all batteries placed on the Union market requires the setting up of harmonised product and marketing requirements, including conformity assessment procedures, as well as requirements to fully address the end-of-life stage of batteries. Requirements concerning the end-of-life stage are necessary to address the environmental implications of the batteries and, in particular, to support the creation of recycling markets for batteries and markets for secondary raw materials from batteries in order to close the materials loops. In order to reach the envisaged objectives to address the whole life cycle of a battery in one legal instrument while avoiding barriers to trade and a distortion of competition and safeguarding the integrity of the internal market, the rules setting out the requirements for batteries should be of uniform application for all operators across the Union, and not give room for divergent implementation by Member States. Directive 2006/66/EC should therefore be replaced by a Regulation.
Amendment 241 #
2020/0353(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation should apply to all types of batteries and accumulators placed on the market or put into service within the Union, whether on their own or incorporated into appliances or otherwise supplied with electrical and electronic appliances and vehicles. This Regulation should apply regardless of whether a battery is specifically designed for a product or is of general use and regardless of whether it is incorporated into a product or is supplied together with or separately from a product in which it is to be used.
Amendment 243 #
2020/0353(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 244 #
2020/0353(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
10 Performance and durability requirements for rechargeable industrialstationary storage batteries and electric vehicle batteries
Amendment 247 #
2020/0353(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. From [124 months after entry into force of the Regulation], rechargeable industrialstationary storage batteries and electric vehicle batteries with internal storage and a capacitnominal energy above 2 kWh shall be accompanied by a technical documentation containing values for the electrochemical performance and durability parameters laid down in Part A of Annex IV.
Amendment 247 #
2020/0353(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Batteries should be designed and manufactured so as to optimise their performance, durability, affordability and safety and to minimise their environmental footprint. It is appropriate to lay down specific sustainability requirements for rechargeable industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kWh as such batteries represent the market segment which is expected to increase most in the coming years.
Amendment 249 #
2020/0353(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The technical documentation of stationary storage batteries with internal storage and a nominal energy above 2 kWh referred to in the first subparagraph shall also contain an explanation of the technical specifications, standards and conditions used to measure, calculate or estimate the values for the electrochemical performance and durability parameters. That explanation shall, if applicable, include, at least, the elements laid down in Part B of Annex IV.
Amendment 249 #
2020/0353(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 251 #
2020/0353(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the electrochemical performance and durability parameters laid down in Annex IV in view of technical, scientific progress and, for the electric vehicle batteries with internal storage and nominal energy above 2 kWh, to align them with the Global Technical Regulations of The United Nations on in vehicle battery durability (UNECE GTRs).
Amendment 252 #
2020/0353(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 253 #
2020/0353(COD)
Proposal for a regulation
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
1 b. In preparing the delegated act referred to in the second subparagraph, the Commission shall ensure that no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 255 #
2020/0353(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. From 1 January 2026, rechargeable industrial batteries with internal storage and a capacity above 2 kWh24 months after the entry into force of the delegated act referred to in the paragraph 3, stationary storage batteries shall meet the minimum values laid down in the delegated act adopted by the Commission pursuant to paragraph 3 for the electrochemical performance and durability parameters set out in Part A of Annex IV.
Amendment 255 #
2020/0353(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 257 #
2020/0353(COD)
Proposal for a regulation
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. By 31 December 2024, the Commission shall adopmay adopt once sufficient market knowledge has been acquired and once proper assessment is carried out including the assessment of the impact on the objectives of the Regulation to decrease the carbon footprint a delegated act in accordance with Article 73 to supplement this Regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in Part A of Annex IV that rechargeable industrial batteries with internal storage and capacity above 2 kWhstationary storage batteries shall attain.
Amendment 259 #
2020/0353(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The expected massive deployment of batteries in sectors like mobility and energy storage should reduce carbons emissions, but to maximise this potential it is necessary that their overall life cycle has a low carbon footprint. According to the Product Environmental Footprint Category Rules for High Specific Energy Rechargeable Batteries for Mobile Applications31 , climate change is the second highest related impact category for batteries after the use of minerals and metals. The technical documentation for rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh placed on the Union market should therefore be accompanied by a carbon footprint declaration,, which should be specific, if necessary, per manufacturing batch. Batteries are manufactured in batches, made in specific amounts within certain timeframesindicate the average carbon footprint of each specific battery model. Harmonising the technical rules for calculating the carbon footprint for all rechargeable industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kWh placed on the Union market is a prerequisite for introducing a requirement for the technical documentation of the batteries to include a carbon footprint declaration and subsequently establishing carbon footprint performance classes that will allow identifying the batteries with overall lower carbon footprints. Information and clear labelling requirements on batteries’ carbon footprint is not expected in itself to lead to the behavioural change necessary to ensure that the Union’s objective to decarbonise the mobility and energy storage sectors is achieved, in line with the internationally agreed objectives on climate change32 . Therefore, maximum carbon thresholds will be introduced, further to a dedicated impact assessment to determine those values. In proposing the level of the maximum carbon footprint threshold, the Commission will, inter alia, take into account the relative distribution of the carbon footprint values in batteries on the market, the extent of progress in the reduction of carbon footprint of batteries placed on the Union market and the effective and potential contribution of this measure to the Union’s objectives on sustainable mobility and climate neutrality by 2050. In order to bring about transparency on the batteries’ carbon footprint , and shift the Union market towards lower carbon batteries, regardless of where they are produced, a gradual and cumulative increase in the carbon footprint requirements is justified. As a result of these requirements, the avoided carbon emissions in batteries’ life cycle, will contribute to the Union’s objective of reaching climate neutrality by 2050. This may also enable other policies at Union and national level, such as incentives or green public procurement criteria, fostering the production of batteries with lower environmental impacts. __________________ 31Product Environmental Footprint - Category Rules for High Specific Energy Rechargeable Batteries for Mobile Applications https://ec.europa.eu/environment/eussd/sm gp/pdf/PEFCR_Batteries.pdf 32 Paris agreement (OJ L 282, 19.10.2016, p. 4) and the United Nations Framework Convention on Climate Change, available at https://unfccc.int/resource/docs/convkp/con veng.pdf
Amendment 264 #
2020/0353(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. PBy 1 January 2026, portable batteries incorporated in appliances shall be readily removable and replaceable by the end-user or by independent operators during the lifetime of the appliance, if the batteries have a shorter lifetime than the appliance, or at the latest at the end of the lifetime of the appliance. The Commission shall adopt guidance for establishing expected lifetime.
Amendment 267 #
2020/0353(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
A battery is readily replaceable where, after its removal from an appliance, it can be substituted by a similar batterybattery that conforms to the original specifications, without affecting the functioning or the performance of that appliance.
Amendment 267 #
2020/0353(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Certain substances contained in batteries, such as cobalt, lead, lithium or nickel, are acquired from scarce resources which are not easily available in the Union, and some are considered critical raw materials by the Commission. This is an area where Europe needs to enhance its strategic autonomy and increase its resilience in preparation for potential disruptions in supply due to health or other crises. Enhancing circularity and resource efficiency with increased recycling and recovery of those raw materials, will contribute to reaching that goal. Besides that, the European Union must encourage the exploitation of new extraction sides for the aforementioned raw materials.
Amendment 269 #
2020/0353(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) Notes that extraction of raw materials often takes place in insecure and politically unstable countries. Highlights, that this is especially the case with cobalt, of which around 70% of the current global production derives from Congo-Kinshasa, where working conditions are extremely poor. Emphasises therefore, that efforts within the EU to reduce CO2 emissions must not be connected with child labour, slave labour or unacceptable environmental pollution, nor contribute to financing armed conflicts.
Amendment 273 #
2020/0353(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The increased use of recovered materials would support the development of the circular economy and allow a more resource-efficient use of materials, while reducing Union dependency on materials from third countries. For batteries, this is particularly relevant for cobalt, lead, lithium and nickel. Therefore, it is necessary to promote the recovery of such materials from waste, establishing a requirement on the level of recycled content in batteries using cobalt, lead, lithium and nickel in active materials. This Regulation sets mandatory recycled content targets for cobalt, lead, lithium and nickel and which should be met by 2030. For cobalt, lithium and nickel increased targets are established by 2035. All targets, should take into account the availability of waste, from which such materials can be recovered, the technical and economic feasibility of the involved recovery and manufacture processes as well as the time needed by the economic operators to adapt their supply and manufacturing processes. Therefore, before such mandatory targets become applicable, the requirement related to recycled content should be limited to disclosure of information on recycled content.
Amendment 274 #
2020/0353(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 274 #
2020/0353(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to take into account the risk of supply of cobalt, lead, lithium and nickel and to assess their availability, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the targets, by lowering them, for the minimum share of recycled cobalt, lead, lithium or nickel present in active materials in batteries to limits that are technically and economically feasible.
Amendment 281 #
2020/0353(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Commission shall adopt Not later than 1 July 2025, the Commission shall adopt guidance for establishing expected lifetime set out in paragraph 1 as well as guidance to facilitate harmonised application of the derogations set out in paragraph 2.
Amendment 281 #
2020/0353(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure uniform conditions for the implementation of the rules on calculating and verifying, per battery model and batch per manufacturing plant, the amount of cobalt, lead, lithium or nickel recovered from waste present in active materials in batteries and the information requirements for technical documentation, implementing powers should be conferred on the Commission.
Amendment 284 #
2020/0353(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Batteries placed on the Union market should be durable and highly performant. It is therefore necessary to set out performance and durability parameters for portable batteries of general use as well as for rechargeable industrial batteries and electric vehicle batteries. For electric vehicle batteries, the informal UNECE Working Group on Electric Vehicles and the Environment is developing in-vehicle durability requirements, so this Regulation is refraining from setting additional durability requirements. On the other hand, in the area of batteries for energy storage, existing measurement methods to test battery performance and durability are not considered sufficiently precise and representative to enable introducing minimum requirements. The introduction of minimum requirements related to performance and durability of these batteries should be accompanied by available adequate harmonised standards or common specifications.
Amendment 290 #
2020/0353(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to reduce the life cycle environmental impact batteries, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the performance and durability parameters and establishing minimum values for those parameters for portable batteries of general use and for rechargeable industrial batteries.
Amendment 294 #
2020/0353(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Some non-rechargeable batteries of general use may imply an inefficient use of resources and energy. Objective requirements regarding the performance and durability of such batteries should be established in order to ensure that fewer low performing non-rechargeable portable batteries of general use are placed on the market, in particular, wheref, based on a life cycle assessment, the alternative use of rechargeable batteries would result in overall environmental benefits.
Amendment 295 #
2020/0353(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Rechargeable industrial batteries and electric vehicleStationary storage lithium and sodium batteries with internal storage and a capacitnominal energy above 2 kWh shall include a battery management system containing data on the parameters for determining the state of health and expected lifetime of batteries as laid down in Annex VII. Producers of electric vehicle batteries with a nominal energy above 2 kWh shall make data available at the end of the first vehicle lifecycle through reasonable means on the parameters for determining the state of health and expected lifetime of batteries, as laid down in the technical specifications of the UNECE GTR once applicable in EU law (State of Certified Range, State of Certified Energy).
Amendment 300 #
2020/0353(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. Access to the read only data in the battery management system referred to in paragraph 1 shall be provided on a non- discriminatory basiwith due regard for business confidentiality and other competitive concerns to the legal or natural person who has legally purchased the battery or any third party acting on their behalf at any time for the purpose of:
Amendment 302 #
2020/0353(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) facilitating the reuse, prepurposingaring for reuse or remanufacturing of the battery;
Amendment 304 #
2020/0353(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In order to provide end users with transparent, reliable and clear information about batteries and their main characteristics, and waste batteries, to enable the end users to make informed decisions when buying and discarding batteries and to enable waste operators to appropriately treat waste batteries, batteries should be labelled. Batteries should only be labelled with all the necessary information concerning their main characteristics, including their capacity and content of certain hazardous substances. To ensure the availability of information over time, that, given that, in the case of some batteries and their packaging, there is inadequate space to provide all information. Providing information should not lead to the size of the package being increased, and thus resources being wasted. More extensive information should also be made available by means ofvia QR codes.
Amendment 305 #
2020/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 306 #
2020/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. The Commission is empowered to adopt delegated acts in accordance with Article 73 to determine the state of health and expected lifetime of batteries for the electric vehicle batteries with internal storage and nominal energy above 2 kWh, in line with the UNECE GTR on Electric Vehicles and the Environment. In preparing the delegated act referred to in the second subparagraph, the Commission shall ensure that no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 314 #
2020/0353(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) Only few countries supply those materials and, in some cases, low standards of governance may exacerbate environmental and social problems. Both cobalt and nickel mMining and refining activities are related to a large range of social and environmental issues, including environmental hazard potential and human health. While the social and environmental impacts for natural graphite are less severe, its mining has high shares of artisanal and small scale operations, which mostly takes place in informal settings and can lead to serious health and environmental impacts, including no regular mine closure and no rehabilitation, which results in the destruction of ecosystems and soils. For lithium, the expected increase in its use in battery manufacturing is likely to put additional pressure on extraction and refining operations, what would recommend including lithium in the scope of the supply chain due diligence obligations. The expected massive increase in demand for batteries in the Union should not contribute to an increase of such environmental and social risks.
Amendment 315 #
2020/0353(COD)
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The Commission, after consulting recognised European standards organisations, shall be empowered to adopt implementing acts laying down common specifications for the requirements set out in Articles 9, 10, 12, 13, 59(5)(a) or tests referred to in Article 15(2), where:
Amendment 319 #
2020/0353(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) the Commission observes undue delays in the adoption of requested harmonised standards, or considers that relevant harmonised standards are not sufficient; or
Amendment 321 #
2020/0353(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 324 #
2020/0353(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) As regards the environmental risk categories, the due diligence policies should address the risks in the battery supply chain in relation to protection of the natural environment and of the biological diversity in line with the Convention on Biological Diversity49 , which includes also the consideration of local communities, and the protection and the development of those communities. When defining “environmental due diligence”, input from international bodies, such as the United Nations and the OECD, should be taken into account. As regards that definition, it is essential to ensure that there is coherence with other Union law. __________________ 49 Such as set out in the Convention on biological diversity, available at https://www.cbd.int/convention/text/ and, in particular, Decision COP VIII/28 “Voluntary guidelines on Biodiversity- Inclusive impact assessment, available at https://www.cbd.int/decision/cop/?id=1104 2.
Amendment 326 #
2020/0353(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Batteries which are tested following common specifications or parts thereof shall be presumed to be in conformity with the requirements set out in Articles 9, 10, 13 and 59(5)(a) to the extent that those requirements are covered by those common specifications or parts thereof, and, if applicable, to the extent that the minimum values established for those requirements are attained.
Amendment 341 #
2020/0353(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex IX, shall contain the elements specified in the relevant modules set out in Annex VIII and shall be continuously updatedupdated if significant changes to the battery are made. It shall be translated into the language or languages required by the Member State in which the battery is placed on the market or put into service and have, preferably, electronic form.
Amendment 343 #
2020/0353(COD)
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3 a. This provision shall apply for 24 months, after the Commission has published the list of notified bodies as provided in Article 30.
Amendment 383 #
2020/0353(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘automotive battery’ means any battery used onlyprimarily used for automotive starter, lighting or ignition power or other supporting functions in a vehicle;
Amendment 391 #
2020/0353(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘industrial battery’ means any battery exclusively designed for industrial uses and any other battery excluding portable batteries, electric vehicle batteries and automotive batteries;
Amendment 394 #
2020/0353(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘electric vehicle battery’ means any battery specifically designed to provide traction to hybrid and electric vehicles for road transport; with the exception of batteries powering light means of transport.
Amendment 398 #
2020/0353(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘battery model’ is any manufactured battery that is produced in a series comprising at least 10 batteries, including in the case where the batteries produced as part of the same series differ from one another in a manner that does not deviate from the declared design and performance of the batteries belonging to that series;
Amendment 405 #
2020/0353(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘battery management system’ means an electronic device that controls or manages the electric and thermal functions of the battery, that manages and stores the data on the parameters for determining the state of health and expected lifetime of batteries laid down in Annex VII and that communicates with the vehicle or appliance in which the battery is incorporated;
Amendment 428 #
2020/0353(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 56 a (new)
Article 2 – paragraph 1 – point 56 a (new)
(56a) ‘remanufacturing’ means any process that involves dismantling a product, restoring and replacing components, and testing the individual parts and the whole product in accordance with its original design specifications, with the expectation that the performance of the product after the process will be the same or better than the original performance specification (‘like new’);
Amendment 436 #
2020/0353(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Batteries designed after the entry into force of this regulation shall only be placed on the market or put into service if they meet:
Amendment 438 #
2020/0353(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) the applicable sustainability and safety requirements set out in Chapter II;
Amendment 439 #
2020/0353(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) the applicable labelling and information requirements set out Chapter III.
Amendment 443 #
2020/0353(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. For any aspects not covered by Chapters II and III, batteries shall not present an unacceptable risk to human health, to safety, to property or to the environment.
Amendment 448 #
2020/0353(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. For electric vehicle batteries and automotive batteries placed on the market as replacements for defective batteries, the same requirements shall apply as applied for the replaced batteries (‘repair as produced’ principle).
Amendment 449 #
2020/0353(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 469 #
2020/0353(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
Carbon footprint of electric vehicle batteries and rechargeable industrial batteries
Amendment 471 #
2020/0353(COD)
Proposal for a regulation
Article 60 – paragraph 1 – subparagraph 1 – point b
Article 60 – paragraph 1 – subparagraph 1 – point b
(b) in a language, which can be easily understood by consumers and other end- users, as determined by the Member State concerned, including an infographic or pictograph explanation.
Amendment 472 #
2020/0353(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – introductory part
Article 7 – paragraph 1 – subparagraph 1 – introductory part
1. Electric vehicle batteries and rechargeable industrial batteries with internal storage and a capacity above 2 kWh shall be accompanied by technical documentation that includes, for each battery model and batch per manufacturing plant, a carbon footprint declaration drawn up in accordance with the delegated act referred to in the second sub-paragraph and containing, at least, the following information:
Amendment 474 #
2020/0353(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. By 1 January 2026From [24 months after the entry into force of the implementing act referred to in Article 64 (5) c], the Commission shall set up the electronic exchange system for battery information (“the system”).
Amendment 475 #
2020/0353(COD)
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. The system shall contain the information and data on rechargeable industrialstationary storage batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh as laid down in Annex XIII. That information and data shall be sortable and searchable, respecting open standards for third party use.
Amendment 476 #
2020/0353(COD)
Proposal for a regulation
Article 64 – paragraph 3
Article 64 – paragraph 3
3. The economic operators that place a rechargeable industrialstationary storage battery or an electric vehicle battery with internal storage on the market shall make the information referred to in paragraph 2 available electronically in a machine readable format using interoperable and easily accessible data services in the format established in accordance with paragraph 5.
Amendment 477 #
2020/0353(COD)
Proposal for a regulation
Article 64 – paragraph 5 – introductory part
Article 64 – paragraph 5 – introductory part
5. The Commission shall, by 31 December 20245, adopt implementing acts to establish:
Amendment 479 #
2020/0353(COD)
Proposal for a regulation
Article 64 – paragraph 5 – point c
Article 64 – paragraph 5 – point c
(c) the rules for accessing, sharing, managing, exploring, publishing and reusing of the information and data in the system, including restricted levels of access (e.g for authorised actors, as defined under article 64 (4), as applicable.
Amendment 489 #
2020/0353(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point e
Article 7 – paragraph 1 – subparagraph 1 – point e
Amendment 498 #
2020/0353(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
The carbon footprint declaration requirement in the first subparagraph shall apply as of 1 July 2024 to electric vehicle batteries and to rechargeable industrial batteries18 months after the entry into force of the implementing act and delegated act referred to in the second subparagraph..
Amendment 513 #
2020/0353(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 3 – point a
Article 7 – paragraph 1 – subparagraph 3 – point a
(a) a delegated act in accordance with Article 73 to supplement this Regulation by establishing the methodology to calculate the total carbon footprint of the battery model referred to in point (d), in accordance with the essential elements set out in Annex II;
Amendment 515 #
2020/0353(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
Amendment 520 #
2020/0353(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Electric vehicle batteries and rechargeable industrial batteries with internal storage and a capacity above 2 kWh shall bear a conspicuous, clearly legible and indelible label indicating the carbon footprint performance class that the individual battery corresponds to.
Amendment 532 #
2020/0353(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
The carbon footprint performance class requirements in the first subparagraph shall apply as of 1 January 2026 for electric vehicle batteries and for rechargeable industrial batteries18 months after the entry into force of the implementing act and delegated act referred to in the second subparagraph of paragraph 2.
Amendment 543 #
2020/0353(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 4 – introductory part
Article 7 – paragraph 2 – subparagraph 4 – introductory part
The Commission shall, no later than 31 DecemberJuly 20245, adopt
Amendment 548 #
2020/0353(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 556 #
2020/0353(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1
Article 7 – paragraph 3 – subparagraph 1
Amendment 568 #
2020/0353(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2
Article 7 – paragraph 3 – subparagraph 2
Amendment 576 #
2020/0353(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3
Article 7 – paragraph 3 – subparagraph 3
Amendment 580 #
2020/0353(COD)
Proposal for a regulation
Annex VIII – Part A – point 2 – paragraph 2 – point b
Annex VIII – Part A – point 2 – paragraph 2 – point b
Amendment 581 #
2020/0353(COD)
Proposal for a regulation
Annex VIII – Part A – point 2 – paragraph 2 – point c
Annex VIII – Part A – point 2 – paragraph 2 – point c
(c) descriptions and explanations necessary for the understanding of the drawings and schemes referred to in point (b) and the operation of the battery;
Amendment 584 #
2020/0353(COD)
Proposal for a regulation
Annex VIII – Part B – point 2 – paragraph 2 – point b
Annex VIII – Part B – point 2 – paragraph 2 – point b
Amendment 585 #
2020/0353(COD)
Proposal for a regulation
Annex VIII – Part B – point 2 – paragraph 2 – point c
Annex VIII – Part B – point 2 – paragraph 2 – point c
(c) descriptions and explanations necessary for the understanding of the drawings and schemes referred to in point (b) and the operation of the battery;test reports.
Amendment 586 #
2020/0353(COD)
Proposal for a regulation
Annex VIII – Part B – point 4 – paragraph 1
Annex VIII – Part B – point 4 – paragraph 1
For each battery model, and where applicable, for each batch that the manufacturer or the importer places on the Union market, the mentioned economic operator shall carry out one or more tests on one or more specific aspects of the battery model or batch of batteriesin order to verify conformity with the corresponding requirements referred to in point 1. For large battery batches, the manufacturer, the authorised representative or the importer shall choose a statistically representative sample of batteries.
Amendment 597 #
2020/0353(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a) The Commission, through its Joint Research Centre (JRC), shall conduct an extensive study of available or market- ready recycling technologies for batteries, and shall publish that study by 31 December 2025. The study shall also address the environmental, social and economic benefits of the full or partial implementation of such technologies. By 31 December 2030, the Commission shall carry out and publish a further study with regard to available or market-ready recycling technologies for batteries.
Amendment 611 #
2020/0353(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. From 1 January 2030, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWh that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:
Amendment 638 #
2020/0353(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. From 1 January 2035, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWh that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by a technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:
Amendment 646 #
2020/0353(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Where justified and appropriate due to the unavailability of cobalt, lead, lithium or nickel recovered from waste, or the lack thereof, the Commission shall be empowered to adopt, by 31 December 2027, a delegated act in accordance with Article 73, to amend the targets laid down in paragraphs 2 and 3, by lowering them. The Commission shall revise the targets based on the conclusions of the study referred to in the first subparagraph of paragraph 1a.
Amendment 652 #
2020/0353(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
Amendment 669 #
2020/0353(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
In preparing the delegated act referred to in the first subparagraph, the Commission shall consider the need to reduce the life cycle environmental impact of portable batteries of general use and take into consideration relevant international standards and labelling schemes. The Commission shall also ensure that the provisions laid down by that delegated act do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated, the affordability and the cost for end-users and the industry’s competitiveness. No excessiveA minimal administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 676 #
2020/0353(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. By 31 December 2030, the Commission shall assess the feasibility of measures to phase out the use of non- rechargeable portable batteries of general use in view of minimising their environmentalwhere their use has a negative impact based on the life cycle assessment methodologyenvironment. To that end, the Commission shall submit a report to the European Parliament and to the Council and consider taking the appropriate measures, including the adoption of legislative proposals.
Amendment 682 #
2020/0353(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Performance and durability requirements for rechargeable industrial batteries and electric vehicle batteries
Amendment 690 #
2020/0353(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. From [128 months after entry into force of the Regulation], rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh shall be accompanied by a technical documentation containing values for the electrochemical performance and durability parameters laid down in Part A of Annex IV.
Amendment 710 #
2020/0353(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1
Article 10 – paragraph 3 – subparagraph 1
In preparing the delegated act referred to in the first subparagraph, the Commission shall consider the need to reduce the life cycle environmental impact of rechargeable industrial batteries with internal storage and a capacity above 2 kWh and ensure that the requirements laid down therein do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated, its affordability and industry’s competitiveness. No excessiveA minimal administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 814 #
2020/0353(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Labels and QR code referred to in paragraphs 1 to 5 shall be printed or engraved visibly, legibly and indelibly on the battery. Where this is not possible or not warranted on account of the nature and size of the battery, labels shall be affixed to the packaging andor to the documents accompanying the battery. In the case of second life batteries or repurposed batteries, the labels and QR code shall reflect the second use character of the battery.
Amendment 818 #
2020/0353(COD)
Proposal for a regulation
Article 13 – paragraph 6 a (new)
Article 13 – paragraph 6 a (new)
6a) In the case of second life batteries or repurposed batteries, the labels and QR code referred to in paragraphs 1 to 5 shall reflect the second use status of the battery. Existing labels shall be replaced with a new label reflecting its second use character;
Amendment 825 #
2020/0353(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh shall include a battery management system containing read-only data on the parameters for determining the state of health and expected lifetime of batteries as laid down in Annex VII.
Amendment 832 #
2020/0353(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. ARead-only access to the data in the battery management system referred to in paragraph 1 shall be provided on a non- discriminatory basis to the legal or natural person who has legally purchased the battery or any third party acting on their behalf at any time for the purpose of: (a) evaluating the residual value of the battery and capability for further use (b) facilitating the reuse, repurposing or remanufacturing of the battery; (c) making the battery available to independent aggregators or market participants through energy storage.via an API. deleted deleted deleted
Amendment 843 #
2020/0353(COD)
Proposal for a regulation
Article 38 – paragraph 11
Article 38 – paragraph 11
11. Manufacturers who consider or have reason to believe that a battery which they have placed on the market or put into service is not in conformity with the requirements set out in Chapters II and III shall immediately take the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate. Furthermore, where the battery presents a, in the view of a diligent economic operator, an unacceptable risk, manufacturers shall immediately inform the national authority of the Member State in which they made the battery available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective action taken.
Amendment 857 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. As of [124 months after the entry into force of the Regulation] the economic operator that places rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWh on the market shall comply with the supply chain due diligence obligations set out in paragraphs 2 to 5 of this Article and shall keep documentation demonstrating its respective compliance with those obligations, including the results of the third-party verification carried out by notified bodies.
Amendment 863 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 2 – point a
Article 39 – paragraph 2 – point a
(a) adopt, and clearly communicate to suppliers and the public, a and comprehensive company policy for the supply chain of raw materials indicated in Annex X, point 1;. That policy shall be made publicly available.
Amendment 918 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 6 – introductory part
Article 39 – paragraph 6 – introductory part
6. The economic operator referred to in paragraph 1 shall make available to its immediate downstream purchasers allthe necessary information gained and maintained pursuant to its supply chain due diligence policies with due regard for business confidentialit. This provision shall not imply andy other competitive concernsbligation to disclose trade secrets. Information considered a trade secret shall be anonymised.
Amendment 950 #
2020/0353(COD)
Proposal for a regulation
Article 41 – paragraph 6
Article 41 – paragraph 6
6. When deemed appropriate with regard to the risks presented by a battery, importers shall, to protect the human health and safety of consumers, carry out sample testing of marketed batteries, investigate, and, if necessary, keep a register of complaints, ofnvestigate complaints concerning non- conforming batteries and battery recalls, and shall keep distributors informed of such monitoring.given the number and nature of such complaints;
Amendment 952 #
2020/0353(COD)
Proposal for a regulation
Article 41 – paragraph 7
Article 41 – paragraph 7
7. Importers who consider or have reason to believe that a battery, which they have placed on the market or put into service, is not in conformity with the requirements set out in Chapters II and III, shall immediately take the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate. Furthermore, where the battery presents a risk, importers shall immediately informn unacceptable risk, either through non-conformity or in the light of certain incidents, and taking into account the gravity of those incidents, importers shall notify the national authority of the Member State in which they made the battery available on the market to that effect, giving details, in particular, of the non-compliance or incidents, and of any corrective action taken.
Amendment 958 #
2020/0353(COD)
Proposal for a regulation
Article 42 – paragraph 6
Article 42 – paragraph 6
6. Distributors shall, further to a reasoned request from a national authority provide it with all the information and the technical documentation necessary to demonstrate the conformity of a battery with the requirements set out in Chapters II and III in a language that can be easily understood by that authority. That information and the technical documentation shall be provided in paper or electronic form. Distributors shall cooperate with the national authority, at its request, on any action taken to eliminate theaddress substantial risks posed by batteries that they have made available on the market, given that such risks can be eliminated.
Amendment 970 #
2020/0353(COD)
Proposal for a regulation
Article 47 – paragraph 1 – introductory part
Article 47 – paragraph 1 – introductory part
1. Producers of batteries shall have extended producer responsibility for batteries that they make available on the market for the first time within the territory of a Member State, to ensure the attainment of the waste management obligations set out in this Chapter. This responsibility shall cease when another economic operator takes over the responsibility as producer, given that that other economic operator is legally and practically completely independent from the producer and has its domiciliation within the European Union. This responsibility shall include the obligation to:
Amendment 978 #
2020/0353(COD)
Proposal for a regulation
Article 47 – paragraph 4 – point a
Article 47 – paragraph 4 – point a
(a) are modulated as a minimum by battery type and battery chemistry and, as appropriate, taking into account the rechargeability and the level of recycled content in thin accordance with the criteria set out in Article 8a(4), point (b), of Directive 2008/98/EC and by battery type manufacture of batteriesd battery chemistry;
Amendment 990 #
2020/0353(COD)
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
3. End users, when discarding waste portable batteries at collection points referred to in paragraph 2, shall not be charged or be obliged to buy a new battery. Promotional offers when discarding waste portable batteries at collection points referred to in paragraph 2 or when buying a new portable battery shall be permissible.
Amendment 994 #
2020/0353(COD)
Proposal for a regulation
Article 48 – paragraph 4 – introductory part
Article 48 – paragraph 4 – introductory part
4. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall attain, and maintain durably, at least the following collection targets of waste portable batteries, calculated as percentages of the portable batteries, excluding batteries from light means of transport, made available on the market for the first timefor collection in a Member State by the respective producer or collectively by the producers covered by a producer responsibility organisation, calculated according to the available for collection methodology:
Amendment 998 #
2020/0353(COD)
Proposal for a regulation
Article 48 – paragraph 4 – point a
Article 48 – paragraph 4 – point a
(a) 45[…] % by 31 December 2023 ;
Amendment 1001 #
2020/0353(COD)
Proposal for a regulation
Article 48 – paragraph 4 – point b
Article 48 – paragraph 4 – point b
(b) 65[…] % by 31 December 20258;
Amendment 1008 #
2020/0353(COD)
Proposal for a regulation
Article 48 – paragraph 4 – point c
Article 48 – paragraph 4 – point c
(c) 70[…] % by 31 December 2030.
Amendment 1018 #
2020/0353(COD)
Proposal for a regulation
Article 48 a (new)
Article 48 a (new)
Article 48a Collection of waste light means of transport batteries Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, shall attain, and maintain durably, at least the following collection targets of waste light means of transport batteries, made available on the market for the first time in a Member State by the respective producer or collectively by the producers covered by a producer responsibility organisation, calculated according to the available for collection methodology: (a) […]% by 2028; (b) […]% by 2030; Producers or producer responsibility organisations acting on their behalf shall calculate the collection rate referred to in this paragraph in accordance with Annex XIa (new).
Amendment 1050 #
2020/0353(COD)
Proposal for a regulation
Article 55 – title
Article 55 – title
Collection rates for waste portable and light means of transport batteries
Amendment 1056 #
2020/0353(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point a
Article 55 – paragraph 1 – point a
(a) 45[…] % by 31 December 2023;
Amendment 1058 #
2020/0353(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point b
Article 55 – paragraph 1 – point b
(b) 65[…] % by 31 December 20258;
Amendment 1065 #
2020/0353(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point c
Article 55 – paragraph 1 – point c
(c) 70[…] % by 31 December 2030.
Amendment 1072 #
2020/0353(COD)
Proposal for a regulation
Article 55 – paragraph 2 a (new)
Article 55 – paragraph 2 a (new)
2a. Member States shall achieve the following minimum collection targets for waste light means of transport batteries: (a)[…] % by 2028; (b)[…] % by 2030.
Amendment 1076 #
2020/0353(COD)
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The Commission shall, by 31 December 2025 and by 31 December 2030, review the targets laid down in paragraph 1(b) and 1(c) and, as part of that review consider the setting of a collection target for batteries powering light means of transport, in the light of the evolution of the market share, as a separate target or as part of a review of the target laid down in paragraph 1(c) and in Article 48(4). This review mayshall also consider introducing a calculation methodology for the calculation of the separate collection rate with a view to reflecting the quantity of waste batteries available for collection. To that end, the review shall be based on independent research conducted by the Joint Research Centre. The Commission shall submit a report to the European Parliament and the Council on the outcome of the review accompanied, if appropriate, by a legislative proposal.
Amendment 1107 #
2020/0353(COD)
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
1. IAs part of the application of Article 65, independent operators shall be given read-only access to the battery management system of rechargeable industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kWh, on equal terms and conditions, for the purpose of assessing and determining the state of health and remaining lifetime of batteries, according to the parameters laid down in Annex VII.
Amendment 1125 #
2020/0353(COD)
Proposal for a regulation
Article 60 – paragraph 1 – subparagraph 2 – point b
Article 60 – paragraph 1 – subparagraph 2 – point b
(b) in a language, which can be easily understood by consumers and other end- users, as determined by the Member State concerned., or:
Amendment 1126 #
2020/0353(COD)
Proposal for a regulation
Article 60 – paragraph 1 – subparagraph 2 – point b a (new)
Article 60 – paragraph 1 – subparagraph 2 – point b a (new)
(ba) a clear visual representation of that information.
Amendment 1135 #
2020/0353(COD)
Proposal for a regulation
Article 60 – paragraph 5
Article 60 – paragraph 5
5. The costs covered by the producer under Article 47(1)(e) shall be shown separately to the end-user at the point of sale of a new battery. The costs mentioned shall not exceed the best estimate of the actual costs incurred and shall not be added to the final cost of the battery charged to the consumer at the point of sale.
Amendment 1170 #
2020/0353(COD)
Proposal for a regulation
Article 65 – paragraph 3
Article 65 – paragraph 3
3. The battery passport shall be linked to the information about the basic characteristics of each battery type and model stored in the data sources of the System established pursuant to Article 64. The economic operator that places an industrial battery or an electric vehicle battery on the market shall ensure that the data included in the battery passport is accurate, and complete and up-to-date.
Amendment 1173 #
2020/0353(COD)
Proposal for a regulation
Article 65 – paragraph 4
Article 65 – paragraph 4
4. The battery passport shall be accessible online, through electronic systems interoperaan API compatible with the System established pursuant to Article 64.
Amendment 1192 #
Amendment 1198 #
2020/0353(COD)
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. The penalties provided for shall be proportionally linked to the revenue of the offender, where applicable. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 1200 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. By 31 December 2030, and every 5 years thereafter the Commission shall draw uppublish a report on the application of this Regulation and its impact on the environment and the functioning of the internal market. The report shall take particular account of the competitiveness of the battery sector within the Union and the position of SMEs across the entire value chain.
Amendment 1203 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 2 – point a a (new)
Article 77 – paragraph 2 – point a a (new)
(aa) the costs of complying with article 8, 9, 10, 11 of this Regulation for producers and other relevant parties as a percentage of operational costs;
Amendment 1204 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 2 – point d a (new)
Article 77 – paragraph 2 – point d a (new)
(da) the cost-benefit analysis of requirements set out in this Regulation for each requirement.
Amendment 1207 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 2 – point d c (new)
Article 77 – paragraph 2 – point d c (new)
(dc) analysis of impact of the Regulations on the competition and investments, including per the key requirements;
Amendment 1208 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 2 – subparagraph 1
Article 77 – paragraph 2 – subparagraph 1
Where appropriatenecessary, the report shall be accompanied by a legislative proposal for amendment of the relevant provisions of this Regulation, while taking due account of the value of a predictable legal framework and protecting investor certainty.
Amendment 1226 #
2020/0353(COD)
Proposal for a regulation
Annex II – point 4
Annex II – point 4
Amendment 1238 #
2020/0353(COD)
Proposal for a regulation
Annex II – point 9
Annex II – point 9
Amendment 1251 #
2020/0353(COD)
Proposal for a regulation
Annex IV – Part A – paragraph 1 – point 1
Annex IV – Part A – paragraph 1 – point 1
1. Rated capacity (in Ah) and capacity fade (in %).
Amendment 1255 #
2020/0353(COD)
Proposal for a regulation
Annex IV – Part A – paragraph 1 – point 2
Annex IV – Part A – paragraph 1 – point 2
2. Power (in W) and power fade (in %).
Amendment 1259 #
2020/0353(COD)
Proposal for a regulation
Annex IV – Part A – paragraph 1 – point 3
Annex IV – Part A – paragraph 1 – point 3
3. Internal resistance (in ꭥ) and internal resistance increase (in %).
Amendment 1262 #
2020/0353(COD)
Proposal for a regulation
Annex IV – Part A – paragraph 1 – point 4
Annex IV – Part A – paragraph 1 – point 4
Amendment 1266 #
2020/0353(COD)
Proposal for a regulation
Annex IV – Part A – paragraph 1 – point 5
Annex IV – Part A – paragraph 1 – point 5
Amendment 1270 #
2020/0353(COD)
Proposal for a regulation
Annex IV – Part A – paragraph 2
Annex IV – Part A – paragraph 2
‘Rated capacity’ means the total number of ampere-hours (Ah) that can be withdrawn from a fully charged battery under specific reference conditions.
Amendment 1274 #
2020/0353(COD)
Proposal for a regulation
Annex IV – Part A – paragraph 3
Annex IV – Part A – paragraph 3
Amendment 1277 #
2020/0353(COD)
Proposal for a regulation
Annex IV – Part A – paragraph 4
Annex IV – Part A – paragraph 4
‘Power’ means the amount of energy that a battery is capable to provide over a given period of time under reference conditions.
Amendment 1280 #
2020/0353(COD)
Proposal for a regulation
Annex IV – Part A – paragraph 5
Annex IV – Part A – paragraph 5
Amendment 1285 #
2020/0353(COD)
Proposal for a regulation
Annex IV – Part A – paragraph 6
Annex IV – Part A – paragraph 6
‘Internal resistance’ means the opposition to the flow of current within a cell or a battery under reference conditions, that is, the sum of electronic resistance and ionic resistance to the contribution to total effective resistance including inductive/capacitive properties.
Amendment 1287 #
2020/0353(COD)
Proposal for a regulation
Annex IV – Part A – paragraph 7
Annex IV – Part A – paragraph 7
Amendment 1289 #
2020/0353(COD)
Proposal for a regulation
Annex IV – Part B – paragraph 1 – point 2
Annex IV – Part B – paragraph 1 – point 2
2. Ratio between maximum allowednominal battery power (W) and battery energy (Wh).
Amendment 1292 #
2020/0353(COD)
Proposal for a regulation
Annex IV – Part B – paragraph 1 – point 3
Annex IV – Part B – paragraph 1 – point 3
Amendment 1295 #
2020/0353(COD)
Proposal for a regulation
Annex IV – Part B – paragraph 1 – point 4
Annex IV – Part B – paragraph 1 – point 4
Amendment 1296 #
2020/0353(COD)
Proposal for a regulation
Annex IV – Part B – paragraph 1 – point 5
Annex IV – Part B – paragraph 1 – point 5
Amendment 1321 #
2020/0353(COD)
Proposal for a regulation
Annex VII – paragraph 1
Annex VII – paragraph 1
Amendment 1334 #
2020/0353(COD)
Proposal for a regulation
Annex VII a (new)
Annex VII a (new)
Part A Parameter for determining the state of health of rechargeable industrial batteries: 1. Remaining energy storage capability under specified reference conditions; Parameters for determining the expected lifetime of batteries: 1. The date of manufacture of the battery and of the putting into service; 2. Energy throughput; 3. Capacity throughput. Part B Parameters for determining the state of health of electric vehicle batteries (as defined by the UNECE GTR on In- Vehicle Battery Durability): 1. State of Certified Energy (SOCE) 2. State of Certified Range (SOCR)
Amendment 1335 #
2020/0353(COD)
Proposal for a regulation
Annex VIII – Part A – point 4 – paragraph 1 a (new)
Annex VIII – Part A – point 4 – paragraph 1 a (new)
A portable battery model requires a new conformity assessment whenever a change of more than 0,1 g or 20 % mass, whichever is greater, to the cathode, anode or electrolyte is made. Batteries other than portable batteries require a new conformity assessment whenever the change made is substantial and there is a potential risk of the change in the battery performance or characteristics related to the requirements of Chapters II and III of this Regulation.
Amendment 1362 #
2020/0353(COD)
Proposal for a regulation
Annex X – point 2 – point d
Annex X – point 2 – point d
(d) biodiversity , including deep-sea tailing placement (DSTP) practices;
Amendment 1395 #
2020/0353(COD)
Proposal for a regulation
Annex XI – point 1
Annex XI – point 1
1. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, and Member States shall calculate the collection rate as the percentage obtained by dividing the weight of waste portable batteries excluding waste batteries from light means of transport, collected in accordance with Article 48 and Article 55, respectively, in a given calendar year in a Member State by the average weight of such batteries that producers either sell directly to end-users or deliver to third parties in order to sell them to end-users in that Member State during that year and the preceding two calendar yearswaste portable batteries available for collection on its territory, obtained by taking into account the lifecycle of batteries, the export of embedded batteries in waste electrical and electronic equipment and in second hand electrical and electronic equipment.
Amendment 1397 #
2020/0353(COD)
Proposal for a regulation
Annex XI – point 2
Annex XI – point 2
2. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf, and Member States shall calculate the annual sales of portable batteries, excluding batteries from light means of transport, to end-users in a given year, as the weight of such batteries made available on the market for the first time within the territory of the Member State in the year concerned, excluding any portable batteries that have left the territory of that Member State in that year before being sold to the end users.
Amendment 1400 #
2020/0353(COD)
Proposal for a regulation
Annex XI – point 2 a (new)
Annex XI – point 2 a (new)
2a. 1. Producers or producer responsibility organisations acting on their behalf, and Member States shall analyse the lifecycle of portable batteries, by undertaking a European representative lifespan analysis based on an empiric sampling every […] years.
Amendment 1401 #
2020/0353(COD)
Proposal for a regulation
Annex XI – point 2 b (new)
Annex XI – point 2 b (new)
2b. Producers of batteries and producers of electrical and electronic equipment (EEE) or producer responsibility organisations acting on their behalf, and Member States shall calculate the annual export of embedded batteries in waste electrical and electronic equipment (WEEE).
Amendment 1402 #
2020/0353(COD)
Proposal for a regulation
Annex XI – point 2 c (new)
Annex XI – point 2 c (new)
2c. Producers of batteries and producers of electrical and electronic equipment (EEE) or producer responsibility organisations acting on their behalf, and Member States shall calculate the annual export of embedded batteries in second-hand electrical and electronic equipment.
Amendment 1403 #
2020/0353(COD)
Proposal for a regulation
Annex XI – point 3
Annex XI – point 3
3. For each portable battery, only the first time it is made available on the market in a Member State shall be counted.
Amendment 1404 #
2020/0353(COD)
Proposal for a regulation
Annex XI – point 4
Annex XI – point 4
4. The calculation provided for in points 2, 3, 4, and 35 shall be based on collected data or statistically significant estimates based on collected databased on European representative research.
Amendment 1405 #
2020/0353(COD)
Proposal for a regulation
Annex XI a (new)
Annex XI a (new)
Annex XI-A (new) Calculation of collection rates of waste light means of transport batteries 1. Producers or, producer responsibility organisations acting on their behalf, and Member States shall calculate the collection rate as the percentage obtained by dividing the weight of waste light means of transport batteries collected in accordance with Article 48 and Article 55, respectively in a given calendar year in a Member State by the weight of waste light means of transport batteries available for collection on its territory, obtained by taking into account the lifecycle of light means of transport batteries, the export of light means of transport batteries, the export of batteries in secondhand light means of transport and the weight of remanufactured and repurposed light means of transport batteries. 2. Producers or producer responsibility organisations acting on their behalf, and Member States shall calculate the annual sales of light means of transport batteries, to end-users in a given year, as the weight of light means of transport batteries made available on the market for the first time within the territory of the Member State in the year concerned, excluding any light means of transport batteries that have left the territory of that Member State in that year before being sold to the end users. 3. Producers or producer responsibility organisations acting on their behalf, and Member States shall analyse the lifecycle of light means of transport batteries, by undertaking a European representative lifespan analysis based on an empiric sampling every [… ] years. 4. Producers of batteries and producers of electrical and electronic equipment (EEE) or producer responsibility organisations acting on their behalf, and Member States shall calculate the annual export of light means of transport batteries. 5. Producers of batteries and producers of electrical and electronic equipment (EEE) or producer responsibility organisations acting on their behalf, and Member States shall calculate the annual export of batteries in second-hand light means of transport. 6. Producers of batteries and producers of electrical and electronic equipment (EEE) or producer responsibility organisations acting on their behalf, and Member States shall calculate the weight of remanufactured and repurposed light means of transport batteries. 7. For each light means of transport battery, only the first time it is made available on the market in a Member State shall be counted. The calculation provided for in points 2,3,4,5 and 6 shall be based on collected data or based on European representative research.
Amendment 1449 #
2020/0353(COD)
Proposal for a regulation
Annex XIII – point 1 – point r a (new)
Annex XIII – point 1 – point r a (new)
(ra) Condition of the battery (first life - waste - repurposed - recycled)
Amendment 10 #
2020/0108(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In the last years, the Union has adopted ambitious strategies to complete the Single Market and to stimulate sustainable and inclusive growth and jobs, such as 'Europe 2020 - A strategy for smart, sustainable and inclusive growth' of 3 March 2010, 'Action Plan on Building a Capital Markets Union' of 30 September 2015, 'A new European Agenda for Culture' of 22 May 2018, 'Clean Energy for all Europeans' of 30 November 2016, 'Closing the loop - An EU action plan for the Circular Economy' of 2 December 2015, 'A European Strategy for Low- Emission Mobility' of 20 July 2016, ‘European Defence Action Plan’ of 30 November 2016, 'Launching the European Defence Fund' of 7 June 2017, 'Space Strategy for Europe' of 26 October 2016, the Interinstitutional Proclamation on the European Pillar of Social Rights of 13 December 2017, the ‘European Green Deal’ of 11 December 2019, the ‘European Green Deal‘Sustainable Europe Investment Plan’ of 14 January 2020, the ‘Strong Social Europe for Just Transitions’ of 14 January 2020, the ‘Strategy for shaping Europe’s digital future’, the ‘Data Strategy’ and the ‘Artificial Intelligence Communication’ of 19 February 2020, ‘A New Industrial Strategy for Europe’ of 10 March 2020 and ‘SME Strategy for a sustainable and digital Europe’ of 10 March 2020. The InvestEU Fund should exploit and reinforce synergies, where appropriate and between those mutually reinforcing strategies, through providing support to investment and access to financing.
Amendment 19 #
2020/0108(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The Union endorsed the objectives set out in the United Nations 2030 Agenda for Sustainable Development (the "2030 Agenda"), its Sustainable Development Goals (SDGs) and the Paris Agreement adopted under the United Nations Framework Convention on Climate Change24 ("Paris Agreement on Climate Change") as well as the Sendai Framework for Disaster Risk Reduction 2015-2030. To achieve those objectives, as well as those set out in the environmental policies of the Union, action pursuing sustainable development is toshould be stepped up significantly. Therefore, the principles of sustainable development should feature prominently in the design of the InvestEU Fund. _________________ 24 OJ L 282, 19.10.2016, p. 4.
Amendment 25 #
2020/0108(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Reflecting the importance of tackling climate change iIn line with the Union's commitments to implement the Paris Agreement on Climate Change and the SDGs, the InvestEU Programme will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the Union budget expenditures supporting climate objectives. Actions under the InvestEU Programme are expected to contribute 30 % of the overall financial envelope of the InvestEU Programme to climate objectives. Relevant actions will be identified during the InvestEU Programme's preparation and iNotes with caution however, the inclusion of linkages with climate-related objectives, which can often be overambitious, impracticable and impede the ability of Member States to support empleoymentation and reassessed in the context of the relevant evaluations and review proces and a strengthened national industrial bases.
Amendment 30 #
2020/0108(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) Climate change is a global challenge that requires international cooperation and similar efforts from third countries, especially G20 parties. In order for the Union to successfully play its role as a global leader in the transition towards climate neutrality, a realistic approach which actually fosters sustainable, competitive, and inclusive growth and prosperity is essential.
Amendment 31 #
2020/0108(COD)
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10 b) Nuclear energy plays an important role in meeting the objective of climate neutrality at Union level by 2050, as the second largest source of low-carbon electricity production globally. Without investment in nuclear technology, the low carbon transition will become significantly more difficult and onerously expensive to achieve.
Amendment 35 #
2020/0108(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The contribution of the InvestEU Fund to the achievement of the climate target will be tracked through a Union climate tracking system to be developed by the Commission in cooperation with potential implementing partners, appropriately using the criteria established by [Regulation on the establishment of a framework to facilitate sustainable investment25 ] for determining whether an economic activity is environmentally sustainable. These criteria should not be to the detriment of nuclear energy and important low-carbon bridging technologies such as natural gas and carbon capture and storage. The InvestEU Programme should also contribute to the implementation of other dimensions of the SDGs. _________________ 25 COM(2018)353.
Amendment 36 #
2020/0108(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) The digital transformation, technological neutrality and innovation, and research and development are the principal drivers for achieving climate- neutrality.
Amendment 55 #
2020/0108(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In the economic crisis caused by the Covid-19 pandemic, market allocation of resources is not fully efficient and perceived risk impairs private investment flow significantly. Under such circumstances, the key feature of the InvestEU Fund of de-risking economically viable projects to crowd in private finance is particularly valuable and should be reinforced, inter alia in order to counteract the risk of an asymmetric recovery. The InvestEU Programme should be able to provide crucial support to companies in the recovery phase and at the same time ensure a strong focus of investors on the Union’s medium- and long-term policy priorities such as the European Green Deal, the European Green Deal Investment Plan, the Strategy on shaping Europe’s digital future and the Strong Social Europe for Just Transitions. It should significantly increase the risk-taking capacity of the European Investment Bank (EIB) Group andGiven their experience and capabilities at national and regional level, national promotional banks and institutions cand other implementing partners in support of economic recovery be instrumental in the maximisation of the impact of public funds and should be selected as implementing partners under InvestEU to help achieve the Union's objectives.
Amendment 57 #
2020/0108(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) Stresses that InvestEU should be consistent and fully aligned with the Union’s commitments and priorities, but notes that the COVID-19 pandemic has radically altered public and private finances, which will require the Commission to comprehensively re- examine its political priorities, in order to minimise administrative and regulatory burdens and enable all necessary measures to be taken in support of businesses and industry at European and national level.
Amendment 106 #
2020/0108(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) a sustainable infrastructure policy window which comprises sustainable investment in the areas of transport, including multimodal transport, road safety, including in accordance with the Union objective of eliminating fatal road accidents and serious injuries by 2050, the renewal and maintenance of rail and road infrastructure, energy, in particular renewable energy, energy efficiency in accordance with the 2030 energy framework, buildings renovation projects focused on energy savings and the integration of buildings into a connected energy, storage, digital and transport systems, improving interconnection levels, digital connectivity and access, including in rural areas, supply and processing of raw materials, space, oceans, water, including inland waterways, waste management in accordance with the waste hierarchy and the circular economy, nature and other environment infrastructure, cultural heritage, tourism, equipment, mobile assets and the deployment of innovative technologies, including bridging technologies, that contribute to the environmental or climate resilience or social sustainability objectives of the Union and that meet the environmental or social sustainability standards of the Union;
Amendment 116 #
2020/0108(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e – point i
Article 7 – paragraph 1 – point e – point i
Amendment 150 #
2020/0108(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Financing and investment operations shall be screened to determine whether they have an environmental, climate or social impact. If those operations have such an impact they shall be subject to climate, environmental and social sustainability proofing with a view to minimising detrimental impacts and to maximising benefits to the climate, environment and social dimensions. For that purpose, project promoters that request financing shall provide adequate information based on the guidance referred to in paragraph 4. Projects below a certain size specified in the guidance shall be excluded from the proofing. Projects that are inconsistent with the climate objectives, including nuclear energy production and those with important low-carbon bridging technologies such as natural gas, and carbon capture and storage, shall not be eligible for support under this Regulation. In case the implementing partner concludes that no sustainability proofing is to be carried out, it shall provide a justification to the Investment Committee.
Amendment 160 #
2020/0108(COD)
Proposal for a regulation
Article 7 – paragraph 4 – point c
Article 7 – paragraph 4 – point c
(c) estimate the social impact of projects, including on gender equality, on the social inclusion of certain areas or populations and on the economic development of areas and sectors, such as coal-dependent regions, affected by structural challenges such as the need to decarbonise the economy;
Amendment 197 #
2020/0108(COD)
Proposal for a regulation
Annex II – point 1 – point a
Annex II – point 1 – point a
(a) the expansion of the generation, supply or use of clean and sustainable renewable and safe and sustainable other zero and low-emission energy sources and solutions, including nuclear power and bridging technology such as natural gas;
Amendment 212 #
2020/0108(COD)
Proposal for a regulation
Annex II – point 15
Annex II – point 15
15. Seas and oceans, through the development of projects and enterprises in the area of the blue economy, and the Sustainable Blue Economy Finance Principles, in particular through maritime entrepreneurship and industry, renewable marine energy and circular economy solutions.
Amendment 227 #
2020/0108(COD)
Proposal for a regulation
Annex V – part 2 – paragraph 1 – point 11
Annex V – part 2 – paragraph 1 – point 11
Amendment 230 #
2020/0108(COD)
Proposal for a regulation
Annex V – part 2 – paragraph 1 – point 12 – introductory part
Annex V – part 2 – paragraph 1 – point 12 – introductory part
(12) Investments related to mining or to the extraction, processing, distribution, storage or combustion of solid fossil fuels and oil, as well as investments related to the extraction of gas. This exclusion does not apply to:
Amendment 16 #
2020/0106(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) An amount of EUR 100 000 000 should be established to support the set-up and management of investment funds, special purpose vehicles and investment platforms in Member States, in particular in those which do not have developed equity fund markets, and to support the green and digital transformation of companies financed under the solvency support windowwhile taking into account the digital transformation and the objectives of the European Green Deal.
Amendment 30 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2015/1017
Article 9 – paragraph 2 – subparagraph 3 – introductory part
Article 9 – paragraph 2 – subparagraph 3 – introductory part
The operations concerned shall be consistent with Union policies, including the European Green Deal9 and the Strategy on shaping Europe’s digital future10 , as well as supporting an inclusive and symmetric recovery in the aftermath of the COVID-19 pandemicsupport an inclusive and symmetric recovery in the aftermath of the COVID-19 pandemic, while taking into account wider Union objectives, like the European Green Deal9, including just transition, and the Strategy on shaping Europe’s digital future10, and support any of the following general objectives:’ _________________ 9 COM(2019)640 final. 10 COM(2020)67 final.
Amendment 40 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2015/1017
Article 9 – paragraph 2 a – subparagraph 1 – point a
Article 9 – paragraph 2 a – subparagraph 1 – point a
(a) target that at least 430 % of EFSI financing under the infrastructure and innovation window support project components that contribute to climate action, in line with the commitments made at the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (COP21). EFSI financing for SMEs and small mid- cap companies shall not be included in that computation. The EIB shall use its internationally agreed methodology to identify those climate action project components or cost shares;
Amendment 61 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 3
Article 1 – paragraph 1 – point 31 – point 3
Regulation (EU) 2015/1017
Annex II – section 6 – point d – indent 2
Annex II – section 6 – point d – indent 2
— Funds, special purpose vehicles or investment platforms that target companies engaging in cross-border activities within the Union and/or companies which have high potential for green or digital transformationcontributing to the goals of the European Green Deal, including just transition, or the Strategy on shaping Europe’s digital future, shall be particularly targeted under the Solvency Support Window.
Amendment 71 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 3
Article 1 – paragraph 1 – point 31 – point 3
Regulation (EU) 2015/1017
Annex II – section 6 – point d –indent 5
Annex II – section 6 – point d –indent 5
— Companies targeted by funds, special purpose vehicles or investment platforms shall be encouraged to comply, to the extent possible, with minimum high- level social and environmental safeguards in line with guidance provided by the Steering Board. Such guidance should include adequate provisions for avoiding undue administrative burdens, taking into account the size of companies and including lighter provisions for SMEs. Companies with a certain level of exposure to a pre-defined list of environmentally harmful activities, in particular the sectors covered by the EU Emissions Trading System (EU ETS), shall be encouraged to put in place, in the future, green transition plansplans to deviate from such activities towards less harmful alternatives, consistent with the Paris Agreement temperature goal, which shall also include natural gas as a bridge fuel. Companies shall also be encouraged to advance in their digital transformation. Technical assistance shall be available to assist companies for the purpose of these transitions.
Amendment 6 #
2020/0104(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The outbreak of the COVID-19 pandemic in early 2020 changed the economic outlook for the years to come in the Union and in the world, calling for an urgent and coordinated response from the Union in order to cope with the enormous, and varied, economic and social consequences for all Membereffects on the economies in the Member States. The challenges linked to the demographic context have been amplified by COVID-19 with many Member States that are hit hardest by the health crisis expected to suffer most also in economic terms. The current COVID-19 pandemic as well as the previous economic and financial crisis have shown that developing sound and resilient economies and financial systems built on strong economic and social structures helps Member States to respond more efficiently to shocks and recover more swiftly from them. The medium and long-term consequences of the COVID-19 crisis will critically depend on how quickly Member States’ economies will recover from the crisis, and the avoidance of asymmetric economic responses, which in turn depends on the fiscal space Member States have available to take measures to mitigate the social and economic impact of the crisis, and on the resilience of their economies. Reforms and investments to address structural weaknesses of the economies and strengthen their resilience will therefore be essential to set the economies back on a sustainable recovery path and avoid distortions to the Single Market as well as a further widening of the divergences in the Union.
Amendment 16 #
2020/0104(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) PThe COVID-19 pandemic has radically altered public and private finances, and past experiences have shown that investment is often drastically cut during such crises. However, it is essential to support investment in this particular situation to speed up the recovery and strengthen long- term growth potential. Investing in green and digital technologies, capacities and processes aimed at assisting clean energy transition, boosting energy efficiency in housing and other key sectors of the economicy are important to achieve sustainable growth and help create jobsbolster job creation and achieve sustainable inclusive growth. It will also help make the Union more resilient and less dependent by diversifying key supply chains.
Amendment 36 #
2020/0104(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Reflecting the European Green Deal as Europe’s sustainable growth strategy and the translation of the Union's commitments to implement the Paris Agreement and the United Nations’ Sustainable Development Goals, the Facility established by this Regulation will contribute to mainstreaming climate actions and environmental sustainability and to the achievement of an overall target of 25 % of the EU budget expenditures supporting climate objectives. Expresses caution however, that the inclusion of such linkages with climate-related objectives can often be overambitious, impracticable and impede the ability of Member States to support employment and a strengthened national industrial base.
Amendment 53 #
2020/0104(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Facility’s general objective should be the promotion of economic, social and territorial cohesion. For that purpose, it should contribute to improving the resilience and adjustment capacity of the Member States, mitigating the social and economic impact of the crisis, and supporting the green and digital transitions aimthe digital transformation needed ato achieving a climate neutral Europee net-zero emissions by 2050, thereby restoring the growth potential of the economies of the Union in the aftermath of the crisis, fostering employment creation and to promoting sustainablenabling entrepreneurs, SMEs, the self-employed, and larger businesses to rebuild, re- establish sales markets, re-hire staff and invest in future growth.
Amendment 95 #
2020/0104(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27 a) In preparing and implementing their recovery and resilience plans, and in proposing reforms and investments, Member States should consider Article 107 TFEU and the State aid legislative framework. The proper and effective functioning of the Single Market and its competition and State aid rules are to the benefit of European consumers and businesses, and are necessary to avoid undue distortions of competition.
Amendment 227 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. In the preparation of proposals for their recovery and resilience plan, Member States shall ensure conformity with Article 107 TFEU and the State aid legislative framework. Member States may request the Commission to organise an exchange of good practices in order to allow the requesting Member States to benefit from the experience of other Member States. Member States may also request technical support under the Technical Support Instrument in accordance with the regulation thereof.
Amendment 358 #
2020/0104(COD)
Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.2 – paragraph 1 – subparagraph 1 – indent 1
Annex II – point 2 – paragraph 3 – point 2.2 – paragraph 1 – subparagraph 1 – indent 1
— the implementation of the envisaged measures is expected to significantly contribute to establish climate- and environmental-friendly systems and to the greening of economic or social sectors with a view to contribute to the overall objective of a climate- neutral Europecontribute towards the overall objective of net-zero emissions by 2050;
Amendment 381 #
2020/0104(COD)
Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.4 – paragraph 1 – subparagraph 1 – indent 1
Annex II – point 2 – paragraph 3 – point 2.4 – paragraph 1 – subparagraph 1 – indent 1
— the recovery and resilience plan contains measures that aim at addressing weaknesses of the economy of the Member States and at boosting the growth potential of the economy of the Member State concerned, focusing on the areas of the economy with the strongest potential for growth, stimulating job creation and mitigating the adverse effects of the crisis, while avoiding adverse impacts of those measures on climate and environment.
Amendment 4 #
2020/0100(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission adopted a Communication on the European Green Deal on 11 December 20199 , drawing its roadmap towards a new growth policy for Europe and setting ambitious objectives to counter climate change and for environmental protection. In line with the objective to achieve Union climate neutrality in the Union by 2050 in an effective and fair manner, and in the spirit of European solidarity, the European Green Deal announced a Just Transition Mechanism to provide means for facing the climate challenges of the transition while leaving no one behind. The most vulnerable regions and people are the most exposed to the harmful effects of climate change and environmental degradation. At the same time, managing the transition requires significant structural changes. _________________ 9 COM(2019) 640 final.
Amendment 6 #
2020/0100(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) Different communities and citizens, depending on their social, geographic and historic circumstances, will be affected in different ways. Not all Member States, regions and cities start the transition from the same point or have the same capacity to respond. At the same time, it is important to recognize that not all regions and communities will benefit equally from a transition to a climate neutral economy and its socio-economic footprint, including welfare and jobs, will vary owing to a broad range of factors. The increase in employment opportunities in the transition forecast is unevenly distributed across different regions whereas job creation in new sectors is not necessarily neatly aligned, temporally or geographically, with job losses.
Amendment 8 #
2020/0100(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Commission adopted a Communication on the European Green Deal Investment Plan10 on 14 January 2020, establishing the Just Transition Mechanism which focuses on the regions and sectors that are most affected by the transition given their dependence on fossil fuels, including coal, particular coal, but also peat and oil shale or greenhouse gas-intensive industrial processes but have less capacity to finance the necessary investments required by Union climate policies. The Just Transition Mechanism consists of three pillars: a Just Transition Fund implemented under shared management, a dedicated just transition scheme under InvestEU, and a public sector loan facility to mobilise additional investments to the regions concerned. _________________ 10 COM(2020) 21 final.
Amendment 19 #
2020/0100(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) A public sector loan facility (the ‘Facility’) should be provided. It constitutes the third pillar of the Just Transition Mechanism, supporting public sector entities in their investments. Such investments should meet the development needs resulting from the transition challenges described in the territorial just transition plans as adopted by competent authorities and approved by the Commission. The activities envisaged for support should be consistent with and complement those supported under the other two pillars of the Just Transition Mechanism.
Amendment 28 #
2020/0100(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to enhance the economic diversification of territories impacted by the transition, the Facility should cover a wider range of investments as compared to the first pillar, on condition that they contribute to meet the development needs in the transition towards a Union climate neutral economy, as described in the territorial just transition plans. The investments supported may cover energy and transport infrastructure, district heating networks, green mobility, smart waste management, clean energy and energy efficiency measures including renovations and conversions of buildings, support to transition to a circular economy, land restoration and decontamination, as well as up- and re-skilling, training and social infrastructure, including social housing. Infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. Investment in natural gas as a bridging technology towards renewable energy sources (RES) and an efficient and affordable way of fuel switching from higher emissive sources should be taken into account. Comprehensive investment approach should be favoured in particular for territories with important transition needs. Investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. By supporting investments that do not generate sufficient revenues, the Facility aims at providing public sector entities with additional resources necessary to address the social, economic and environmental challenges resulting from the adjustment to climate transition. In order to help identify investments with a high positive environmental impact eligible under the Facility, the EU taxonomy on environmentally sustainable economic activities may be used.
Amendment 33 #
2020/0100(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding.
Amendment 41 #
2020/0100(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) Given the relatively low grant component level, a number of projects could have an insufficient funding stream in order to be supported only by the Facility. This could lead to a lack of expected absorption in less developed regions where a lower-income public sector could experience difficulties in co- financing. Therefore, eligible projects should combine support under other Union programmes.
Amendment 61 #
2020/0100(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of the Facility is to address serious socio- economic challenges deriving from the transition process towards a climate-neutral economy of the Union for the benefit of the Union territories identified in the territorial just transition plans prepared by the Member States in accordance with Article 7 of Regulation [JTF Regulation].
Amendment 83 #
2020/0100(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the projects achieve measurable impact in addressing serious social, economic or environmental challenges deriving from the transition process towards a Union climate-neutral economy and benefit territories identified in a territorial just transition plan, even if they are not located in those territories;
Amendment 88 #
2020/0100(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
Amendment 95 #
2020/0100(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The amount of the grant shall not exceed 15% of the amount of the loan provided by the finance partner under this Facility. For projects located in territories in NUTS level 2 regions with a GDP per capita not exceeding 75% of the average GDP of the EU-27 as referred to in Article [102(2)] of Regulation [new CPR], the amount of the grant shall not exceed 205% of the amount of the loan provided by the finance partner. For projects located in territories in NUTS level 2 regions with a GDP per capita of between 75 % and 100 % of the average GDP of the EU-27 as referred to in Article [102(2)] of [Regulation (EU) 2020/XXX of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument ("Common Provisions Regulation")], which in the 2014-2020 programming period were classified as less developed regions, the amount of the grant shall not exceed 25 % of the amount of the loan provided by the finance partner.
Amendment 54 #
Amendment 145 #
2020/0006(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Nuclear energy can play a role in meeting climate objectives because it does not emit greenhouse gases, and can also ensure a significant share of electricity production in the EU. Nevertheless, due to the waste it produces, this energy requires a medium- and long-term strategy that takes into account technological advances (laser, fusion, etc.) aimed at improving the sustainability of the entire sector. The Fund could contribute to implementation of safe nuclear energy and thus help to meet the EU’s climate goals.
Amendment 366 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
(da) investments related to construction of nuclear power plants as well as distribution of nuclear energy;
Amendment 413 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g a (new)
Article 4 – paragraph 2 – subparagraph 1 – point g a (new)
(ga) investments in sustainable multimodal urban mobility or contributing to reducing emissions in all transport modes;
Amendment 459 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 4 #
2020/0000(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the 2021 Union budget is the first one under the Multiannual Financial Framework (MFF) for 2021- 2027; stresses that the amounts allocated to the 2021 budget should match up to the expectations of Union citizens in a post- COVID-19 Europe, fostering strong economic recovery, and should be aligned with the Paris Agreement and with the Green Deal objectives, and in particular that of becoming climate neutral by 2050, while supporting the Member States that have suffered the most; calls on the Commission to assess the 2021 Union budget in the light of the provisions of this paragraph, and to make the appropriate corrections if they are not met;
Amendment 9 #
2020/0000(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the provision of the Solvency Support Instrument that stipulates that beneficiaries of financial support will be encouraged to put in place a green transition plan; is of the opinion that that provision should be mandatory;
Amendment 12 #
2020/0000(BUD)
3. Considers that the Union should also show global climate leadership through its budgeting; hHighlights that every effort should be made to ensure that the overall climate and biodiversity mainstreaming targets are reached as soon as possible; recalls Parliament’s position calling for 10 % of the Union budget to be allocated to biodiversity expenditures; points out that climate and biodiversity- related expenditure must be tracked using a more robust, transparent and comprehensive methodology; is of the opinion that the Taxonomy Regulation provides the proper framework to update that methodology;
Amendment 22 #
2020/0000(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to implement green budgeting tools as of 2021; underlines in that regard the importance of effective climate and biodiversity proofing of the budgetat the introduction of these tools must not be to the detriment of important low-carbon bridging technologies such as natural gas, carbon capture and storage, and nuclear power;
Amendment 36 #
2020/0000(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that sufficient funding should be allocated to the Union Civil Protection Mechanism, in order to help tackle public health emergencies, forest fires, floods, earthquakes, and other natural and human-made disasters, the effects of which are expected to be further exacerbated by climate chacerbated by severe drought and poor land management practices;
Amendment 3 #
2019/2824(RSP)
Citation 5 a (new)
- having regard to the International Union for Conservation of Nature’s Red List of Threatened Species;
Amendment 14 #
2019/2824(RSP)
Recital C a (new)
C a. whereas the Nagoya Protocol on Access and Benefit Sharing (ABS) provides a transparent legal framework for the fair and equitable sharing of benefits arising from the utilisation of genetic resources and associated traditional knowledge;
Amendment 22 #
2019/2824(RSP)
Recital D a (new)
D a. whereas the EU and the Member States have adopted the 2030 Agenda for Sustainable Development and its seventeen Sustainable Development Goals (SDGs), and are fully committed to their implementation;
Amendment 32 #
2019/2824(RSP)
Paragraph 1
1. Notes with concern that as indicated in the IPBES Global Assessment on Biodiversity and Ecosystem Services report, nature is declining globally at rates unprecedented in human history and the rate of species extinctions is accelerating, with grave impacts on people around the world now likely; expresses its deep concern after the publication of the IPCC report on the ocean and cryosphere in a changing climate, on the decline of marine mammals and fisheries as wells as on the dramatic disappearance of coral reefs; notes with regret that only seven percent of oceans are formally protected; urges the Commission and the Member States to insist on a review of Aichi Target 11 and SDG target 14.5 and increase the conservation coverage of coastal and marine areas;
Amendment 46 #
2019/2824(RSP)
Paragraph 3
3. Recalls that biodiversity and healthy ecosystems are key for achieving the objectives of the Paris Agreement and strengthen EU’s resilience capacities toward climate change; recalls the importance of preserving biodiversity and nature based solutions for climate change mitigation; asks therefore for more coherence between the CBD and UNFCCCand synergies between the three Rio Conventions; calls on the Commission to better integrate biodiversity into its climate policies and ensure that EU climate funding is also used to protect and restore natural ecosystems as a way of achieving climate mitigation and adaptation;
Amendment 70 #
2019/2824(RSP)
Paragraph 6
6. Stresses the need for a comprehensive governance regime addressing the conservation, restoration and sustainable use of biodiversity and ecosystem services; calls on the EU and the Member States to remain strongly committed to further strengthening the CBD and to take a leading role in the preparation for the post-2020 framework, in particular in the run up to the fifteenth meeting of the Conference of the Parties, to commit ton a biodiversity equivalent of the 1.5 ºClong-term temperature targets of the Paris Climate Agreement and to transparently set out their visions and priorities for the post- 2020 global biodiversity framework;
Amendment 80 #
2019/2824(RSP)
Paragraph 9
9. Welcomes the decision taken at the COP14 in Egypt, which urges parties to, inter alia, significantly accelerate their efforts to implement the Strategic Plan for Biodiversity 2011-2020 and to consider undertaking national assessments of biodiversity and ecosystem functions and services; considers of the utmost importance to step up the efforts on the implementation of the current Strategic Plan for Biodiversity 2011-2020, focus on the achievement of the Aichi Biodiversity targets, the Nagoya Protocol on Access and Benefit Sharing, and to work on an ambitious post 2020 strategic plan and implementation mechanism, with regards to a 2050 scenario which takes into account new challenges in the field of biodiversity in line with the 2030 Agenda of the Sustainable Development Goals;
Amendment 91 #
2019/2824(RSP)
Paragraph 13
13. Highlights that an international framework in the form of a binding agreement is needed to protect global biodiversity, to stop its current decline and to restore all aspects of biodiversity; believes that such a framework should be based on specific, measurable including quantifiable, ambitious, realistic and time- bound targets and firm commitments, comprising of Nationally Determined Contributionsreinforced National Biodiversity Strategy and Action Plans (NBSAPs) and other appropriate instruments, financial commitments and improved capacity building assurances, as well as a 5-yearly monitoring and review mechanism, with an emphasis on an upward trajectory of ambition; highlights the need for a harmonised collection and treatment of comparable and consistent data and indicators for a good monitoring process;
Amendment 123 #
2019/2824(RSP)
Paragraph 17
17. Calls on the Commission and the Member States to promote the establishment of new finternationancial financial mechanismsstruments to leverage funding for biodiversity conservation linked to the CBDunder the Global Environment Facility (GEF); calls on businesses and financial organisations to make and share strong commitments and contributions to biodiversity, including by biodiversity-proofing their activities, and highlights the importance of leveraging private financing initiatives in this regard; regrets the inconsistency of data set on finance flows for biodiversity that come from domestic and international public and private sources, that puts at risk the tracking and reporting systems and negatively affects any potential reform;
Amendment 213 #
2019/2824(RSP)
Paragraph 31
31. Insists that public awareness and therefore access to comprehensive information are vital to inform consumers to make informed decisio purchasing choices and promote sustainable consumption patterns; calls on the Commission and Member States to improve the traceability and control of products through their value chains thereby increasing transparency also for consumers;
Amendment 12 #
2019/2712(RSP)
Citation 17 a (new)
- having regard to the declarations adopted at COP24 in Katowice on the just transition, electrification of transport and the role of forests;
Amendment 15 #
2019/2712(RSP)
Recital A
A. whereas the Paris Agreement entered into force on 4th November 2016 with 185 of the 197 Parties to the Convention having deposited their instruments of ratification, acceptance, approval or accession to the UN (as of 5 September 2019); whereas this is by far the farthest reaching INDC among all the main global economies;
Amendment 18 #
2019/2712(RSP)
Recital C
C. whereas the past four years – 2015 to 2018 – were the top four warmest years in the global temperature since they are recorded and whereas 2018 saw a record high in global carbon emissions;
Amendment 37 #
2019/2712(RSP)
Paragraph 1
1. Recalls that climate change is one of the most important challenges facing humanity and that all states and players worldwide need to do their utmost to fightmitigate it and adapt to it; underlines that timely international cooperation, solidarity as well as consistent and persistent commitment to joint action is the only solution to fulfil our collective responsibility of preserving the entire planet;
Amendment 39 #
2019/2712(RSP)
Paragraph 2
2. Acknowledges that the serious risks of climate change are at the heart of citizens’ concerns; welcomes the fact that people across the world, in particular younger generations, are increasingly active in fighting for climate action; welcomes their calls for greater collective ambition and swift action in order not to overshoot the 1.5°C limito meet the goals of the Paris Agreement; believes that national, regional and local governments, as well as the EU, should heed these calls;
Amendment 52 #
2019/2712(RSP)
Paragraph 3
3. Highlights that all citizens already face direct impacts of climate change; underlines that, according to the European Environment Agency, average annual losses caused by weather and climate- related extremes in the Union alone amounted to around EUR 12.8 billion between 2010 and 2016, and that, if no further action is taken, climate damages in the EU could amount to at least EUR 190 billion by 2080, equivalent to a net welfare loss of 1.8 % of its current GDP;
Amendment 59 #
2019/2712(RSP)
Paragraph 4
4. Underlines that the IPCC 1.5° special report represents the most comprehensive and up-to-date scientific assessment of mitigation pathways in line with the Paris Agreement; emphasises that, according to this report, having a good chance of keeping the global temperature below 1.5°C by 2100 with no or limited overshoot implies reaching net-zero GHG emissions globally by 2067 at the latest, and reducing annual global GHG emissions by 2030 to a maximum of 27.4 Gt CO2eq per year; stresses that, in the light of these findings and in line with the Paris Agreement, the Union, as a global leader, and other major global economies need to strive towards reaching net-zero GHG emissions as early as possible and by 2050 at the latest;
Amendment 82 #
2019/2712(RSP)
Paragraph 8
8. Calls on all Parties to contribute constructively to the process to be put in place towards 2020 when NDCs need to be updated so as to ensure their compatibility with the long-term temperature goal of the Paris Agreement; acknowledges that current pledges are not yet sufficient to reach the goals of the Agreement; stresses, therefore, that global GHG emissions should peak as soon as possible and that all Parties, especially the EU and all G20 nations, should step up their efforts so as to ensure their compatibility with the long-term temperature goal of the Paris Agreement and update their NDCs by 2020 ;
Amendment 87 #
2019/2712(RSP)
Paragraph 9
9. Stresses the importance of an ambitious EU climate policy in order to act as a credible and reliable partner globally and of maintaining the EU’s global climate leadership; notes, however, that the EU is responsible for less than 10% of the global emissions and thus it is not able to bring about substantial global GHG emissions reductions unilaterally;
Amendment 90 #
2019/2712(RSP)
Paragraph 10
Amendment 110 #
2019/2712(RSP)
Paragraph 12
Amendment 131 #
2019/2712(RSP)
Paragraph 16
Amendment 174 #
2019/2712(RSP)
Paragraph 23
23. Stresses the importance of a just transition to a climate neutral economy and the need for an anticipatory approach to ensure a just transition for citizens and to support the most vulnerable regions and communities; stresses the importance of creating a just transition fund, to guarantee an inclusive transition for the people and the regions most affected by decarbonisation, such asin particular the coal mining and energy intensive regions; believes that Europe’s climate transition must be ecologically, economically and socially sustainable; calls on the Union and the Member States to put in place appropriate policies and financing in this regard, conditioned to clear, credible and enforceable short and longer term economy-wide decarbonisation commitments from the concerned Member States;
Amendment 181 #
2019/2712(RSP)
Paragraph 23 a (new)
23a. Notices that financial needs of Member States and sectors particularly affected by costs of energy transition, in particular the coal mining regions and energy intensive sectors, will be tremendous; therefore, stresses that the future EU budgets must allocate sufficient funds to meet the needs of these regions and sectors to make sure nobody is left behind;
Amendment 198 #
2019/2712(RSP)
Paragraph 25
Amendment 216 #
2019/2712(RSP)
Paragraph 28
28. Regrets that the transport sector is the only sector in which emissions have grown since 1990; stresses that this is not compatible with long-term sustainable development, which instead requires reductions in emissions from all sectors of society at a great and faster rate; recalls that the transport sector will need toshould be fully decarbonised by 2050, if possible; notes that the Commission’s analysis shows that the current global targets and measures envisaged by the International Maritime Organisation and the International Civil Aviation Organisation respectively, even if fully implemented, fall short of the necessary emissions reductions, and that significant further action consistent with the economy-wide objective of net-zero emissions is needed; considers that in order to ensure the consistency of NDCs with the economy-wide commitments required by the Paris Agreement, Parties should be encouraged to include emissions from international shipping and aviation and to agree and implement measures at international, regional and national level to address emissions from these sectors;
Amendment 234 #
2019/2712(RSP)
Paragraph 31
31. Recalls that shipping CO2 emissions are projected to increase by 50% to 250% in the period to 2050; welcomes the agreement on the initial IMO Strategy on reduction of GHG emissions from ships as a first step for the sector to contribute to the realisation of the temperature goal in the Paris Agreement; regrets that the IMO has not, so far, made progress on the adoption of short and medium-term measures to reach the objectives of the strategy; stresses the importance and urgency of implementing short and medium-term measures before 2023; underlines that further measures and action are needed to address maritime emissions and calls, therefore, on the EU and the Member States to closely monitor the impact and implementation of the IMO agreement and urges the Commission to consider additional EU action, as part of its 2050 decarbonisation strategy, to reduce maritime emissions in line with the temperature target of the Paris Agreement and to drive investments into zero-emission ships and the necessary enabling infrastructures;
Amendment 242 #
2019/2712(RSP)
Paragraph 32
32. Notes that approximately 60 % of the world’s methane is emitted by sources such as agriculture, landfills and wastewater, and the production and pipeline transport of fossil fuels; recalls that methane is a potent GHG with a 100- year global warming potential, 28 times more powerful than CO2 ; reminds the Commission of its legal obligation to explore as soon as possible policy options for rapidly addressing methane emissions as part of a Union strategic plan for methane, and to present legislative proposals to Parliament and the Council to that effect, if appropriate;
Amendment 5 #
2019/2211(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the fact that the Communication makes the European Green Deal the engine of the economic strategy of the EU in order to put the Union on the right path to carbon neutralityUnderlines that the European Green Deal is an important pillar of the EU's new growth strategy, supported by investments in green technologies, sustainable solutions, and new businesses;
Amendment 20 #
2019/2211(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. CRecalls on the European Commission to extend the European semester by completing the current approach based on fiscal and budgetary discipline with climate and environmental discipline withoutpolitical commitments to the greening of the European semester process, without undermining existing fiscal and budgetary discipline nor weakening the current EU economic governance process; calls therefore on the European Commission to develop a new climate indicator, mirroring the economic indicators and assessing the discrepancy between Member States budget and a Paris aligned scenario of their national budget; stresses the need for this indicator to provide Member States with an indication on their trajectory of temperature under the framework of the Paris Agreement, thus enabling the extended European Semester to provide recommendations about the decrease of the climate deb, and to integrate the Sustainable Development Goals (SDGs) in order to ensure that our macroeconomic policies are ecologically sustainable, socially equitable, and which facilitate long-term economic stability; notes that environmental policies can provide new opportunities for growth, jobs and investment;
Amendment 28 #
2019/2182(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that asbestos diseasedifferent cancers and various diseases of the lungs have been observed in populations living or having lived in the vicinity of industrial sites or premises with degraded flockingfriable asbestos;
Amendment 54 #
2019/2182(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to set out a European strategy for the complete elimination of asbestos; calls on all Member States to adopt national action plans to implBelieves that additional European legislation is not the right approach to control asbestos; considers a non- legislative approach that improves the awareness of asbestos risks, educates employers and workers on the legislative requirements that strategy; consalready exist, and providers that the Commission should coordinate the national action plans, in particular through the adoption of a framework directive on thipractical guidance on how to comply with those requirements would be a far more effective approach in reducing exposure to asbestos; notes moreover that this approach could be targeted to areas of particular risk, or groups of vulnerable people, and involve the social partners and other stakeholders matter EU, national and regional levels;
Amendment 58 #
2019/2182(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Is of the opinion that before any additions to existing EU legislative requirements can be considered, robust scientific evidence of the need for change must be provided, supported by a thorough impact assessment clearly setting out costs and benefits;
Amendment 116 #
2019/2182(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. The establishment of a European framework for public and accessible asbestos registers, together with a mapping of the exact location of asbestos on public and private siteswhich could start at the local level for public buildings and public infrastructure;
Amendment 119 #
2019/2182(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. A roadmap for asbestos-free workplaces and an asbestos-free environreviewing the effectiveness of all existing legal requirements, which could establish priority secacknowledges, as part of this evaluation, that as long as asbestors and be subject to periodic evaluation every five years of the progress made by the national and regional authoritieasbestos-containing materials are in good condition or encapsulated and not likely to be disturbed, then for safety reasons it is better to leave them in place and manage any resulting risks. Recalls that if asbestos is in poor condition and is likely to be disturbed, then removal could be required, but this should be based on an assessment of the risk on a case-by-case basis;
Amendment 19 #
2019/0101(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Regulation (EU) 2016/64621 introduced the dates of application of the RDE test procedure, as well as the compliance criteria for RDE. For that purpose, pollutant-specific conformity factors (including margins of error) were used to take account of statistical and technical uncertainties of the measurements conducted by means of Portable Emission Measurement Systems (PEMS). __________________ 21 Commission Regulation (EU) 2016/646 of 20 April 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ L 109, 26.04.2016, p.1).
Amendment 28 #
2019/0101(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The General Court did not question the technical justification of the conformity factors. Therefore, and given that at the current stage of technological development there is still a discrepancy between emissions measured in real driving and those measured in a laboratory, it is appropriate to introduce the conformity factors(including margins of error) into Regulation (EC) No 715/2007.
Amendment 38 #
2019/0101(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to allow manufacturers to comply with the Euro 6 emission limits in the context of RDE test procedure, the compliance criteria for RDE should be introduced in two steps. During the first step, upon the request of the manufacturer, a temporary conformity factor should apply, while as a second step only the final conformity factor should be used. The Commission should keep under review the final conformity factors in light of technical progress(including margins of error) should be used.
Amendment 44 #
2019/0101(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) The Commission should continually look into the final conformity factors in light of technical progress in order to revise the margins of error. In doing so, the Commission should take into account any standards adopted by the European Committee for Standardization (CEN) for a standard procedure to assess Real Driving Emissions measurement uncertainty with regard to gaseous and particle emissions.
Amendment 56 #
2019/0101(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to contribute to the achievement of the Union’s air quality objectives and to reduce vehicle emissions, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFUEU) should be delegated to the Commission in respect of the detailed rules on the specific procedures, tests and requirements for type approval. That delegation should include supplementing Regulation (EC) No 715/2007 by such revised rules as well as the test cycles used to measure emissions; the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems; the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information; the adoption of a revised measurement procedure for particulates. The delegation should further include amending Regulation (EC) No 715/2007 for the purposes of revising the final conformity factors,including margins of error, downwards to reflect technical progress in PEMS, ongoing work on their standardisation and recalibrating the particulate mass based limit values and introducing particle number based limit values. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations are conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 80 #
2019/0101(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 715/2007
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
(b) amending this Regulation (by revising the margins of error)in order to adapt to technical progress the pollutant- specific final conformity factors set out in Table 2a to Annex I.;
Amendment 84 #
2019/0101(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 a (new)
Article 1 – paragraph 1 – point 10 a (new)
Regulation (EC) 715/2007
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
(10a) in Article 14 the following paragraph is inserted: “3 a. In exercising its powers referred to in paragraph 3 the Commission shall take into account any standards adopted by the European Committee for Standardization (CEN) which provide a technically sound approach to assess Real Driving Emissions measurement uncertainty with regard to gaseous and particle emissions and to verify a specific margin of error for PEMS applications. ”
Amendment 93 #
2019/0101(COD)
Proposal for a regulation
Annex – paragraph 1
Annex – paragraph 1
Regulation (EC) No 715/2007
Annex I – table 2a – row 2
Annex I – table 2a – row 2
CF 1,43 1+ 1,5 + - - - pollutant- final (2 margin margin final (2) of error of error (margin (margin =0,43) =0,5) (2) CF pollutant-final is the conformity factor used to determine compliance with the Euro 6 emission limits by taking into account the technical uncertainties linked with the use of the Portable Emission Measurement Systems (PEMS). which is expressed as a margin of error.
Amendment 80 #
2019/0017(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) In April 2018, IMO adopted an Initial Strategy on reduction of GHG emissions from ships, underlining that GHG emissions should peak as soon as possible, and setting out a vision to reduce GHG emissions from international shipping and phase them out, as soon as possible in this century. It defines an emission reduction objective of at least 50% by 2050 compared to 2008 annual greenhouse gas emissions while pursuing efforts towards decarbonisation of the sector. It also sets an objective to reduce carbon intensity, as an average across international shipping, by at least 40% by 2030, pursuing efforts towards 70% by 2050, compared to 2008.
Amendment 82 #
2019/0017(COD)
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14b) The Commission should review the functioning of Regulation (EU) 2015/757, taking into account the experience gained in the implementation of this Regulation and the implementation of the global IMO Fuel Oil Data Collection System (DCS), as well as other relevant developments aimed at reducing GHG emissions from maritime transport.
Amendment 121 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Regulation (EU) 2015/757
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
Amendment 152 #
2019/0017(COD)
Proposal for a regulation
Article 1 – paragraph 6 a (new)
Article 1 – paragraph 6 a (new)
(6a) The following Article 22a is inserted: "Article 22a Review The Commission shall review the functioning of this Regulation, taking into account the experience gained in the implementation of this Regulation and the implementation of the global IMO DCS, as well as other relevant developments aimed at reducing GHG emissions from maritime transport. The outcome of this review may, if appropriate, be accompanied by a proposal to amend the Regulation. "
Amendment 158 #
2019/0017(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Directive 2003/87/EC
Chapter II a (new)
Chapter II a (new)